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Home My WebLink About2024-09-10 CDH, DEQ Charlene Way From:Lori Badigian <LBadigian@cdh.idaho.gov> Sent:Tuesday, September 10, 2024 2:43 PM To:Clerks Comment Subject:MDA H-2024-0032 Timber Creek Recycling Attachments:RE: Timber Creek Recycling Enforcement; RE: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Good a?ernoon, I work for Central District Health and am the inspector/regulator for Opera?ons of Solid Waste Facili?es in Ada County. I have been the inspector for the Timber Creek Facility since it became a regulated opera?on and was asked to provide comment on the documents submi?ed for the upcoming City Council hearing on September 17, 2024. Upon reviewing the documents uploaded, it was determined that the Odor Plan and Safety Sec?on of OPS Plan that are in this MDA H-2024-0032 proposal are not the same documents that are in the current approved Opera?ons Plan. Timber Creek Recycling submi?ed for approval of a revised Opera?ons Plan in Fall of 2023 but did not provide the requested documenta?on for complete review and their revisions were not approved. Therefore, these two documents are not approved to be used as part of the current Opera?ons of Timber Creek Recycling. In addi?on, there has been some ques?on as to the classiﬁca?on of some of the waste that Timber Creek Recycling accepts for compos?ng, speciﬁcally Cheese WAS, which Timber Creek has inaccurately called Cheese Whey in their opera?ons plan and in the logs of incoming waste received. This WAS (waste ac?vated sludge) has a very foul odor and has been determined as the cause of odor complaints that were made to both CDH and Department of Environmental Quality from the surrounding community for several years now. A?ached is correspondence with CDH, DEQ, City of Meridian Code Enforcement and the Deputy City A?orney addressing this waste, its deﬁni?on/classiﬁca?on as Industrial Waste, and not food or agricultural waste. Regards, Lori Badigian Lori Badigian, REHS | Environmental Health Specialist Senior Community & Environmental Health P. 208 327-8517 | M. 208-869-9118 | F. 208-327-8553 E. LBadigian@cdh.idaho.gov | W. cdh.idaho.gov 707 N. Armstrong Pl., Boise, ID 83704 Connect with us! Excellence | Positive Impact | Partnership | Innovation | Credibility | Humanity I MPORTANT: The information contained in this email may be privileged, confidential or otherwise protected from disclosure. All persons are advised that they may face penalties under state and federal law for sharing this information with unauthorized individuals. If you received this email in error, please reply to the sender that you have received this information in error. Also, please delete this email after replying to the sender. 1 al I IV I Ile aa r ' It G } d $ - ttL _ 11 Iv ' .t Charlene Way From:Valerie Greear <Valerie.Greear@deq.idaho.gov> Sent:Monday, July 31, 2023 3:32 PM To:Matthew Beeter Cc:Rebecca Blankenau; Beth Bahem Subject:RE: Timber Creek Recycling Enforcement Attachments:I-091-03 Sorrento Lactalis - CA-091-03 PO Appendix N - WSMP.tr5; 20220927_ 123032_e.jpg It is most definitely industrial waste. It’s not even from the food production process, it’s from the wastewater treatment process. It is WAS = waste activated sludge. The WAS is the excess biomass from the wastewater treatment process, along with the chemically precipitated phosphorus and polymer added so that the water can be removed in the belt press. It is a biological product, suitable as a soil amendment and has even been fed to cattle, but it is waste from an industrial process. When we first found out that they were hauling it to TCR, Kevin and I looked at the OP and thought that the WAS fit the description of “dairy waste by-products that pass a paint filter test”. The material hauled from Lactalis is not cheese whey. They specifically remove the whey as a product. (They do have a byproduct that is called ‘whey CIP’ and another called ‘cheese de-sludgings’, neither of which go to TCR that I am aware of, and both of those are more a liquid.) We regulate WAS under IDAPA 58.01.16.650. In the Reuse Permit we require that they put together a Waste Solids Management Plan that defines all handling, sampling, and ultimate disposal/use of the sludge or other solid. I’ve attached a link to the WSMP in their PO. It’s outdated, because they obviously no longer manage it themselves, but it has a lot of information about what it is and what’s in it. As stated in the plan, the WAS has been registered in the past with ISDA as a Soil Amendment and it has nutrient/fertilizer value. I’ve attached a picture of it from when they took it somewhere else temporarily a year or so ago. No scale, but each pile is a truckload. The shape is from the addition of polymer. It’s gelatinous. Here is the flow diagram of their wastewater treatment plant. The flow diagram is a little outdated I think, but it’s essentially this still. The black truck is what heads to TCR. 1 Valerie Greear, PE | Water Quality Engineering Manager Idaho Department of Environmental Quality, Boise Regional Office (o) 208-373-0459 (m) 208-805-0041 From: Matthew Beeter <Matthew.Beeter@deq.idaho.gov> Sent: Monday, July 31, 2023 12:37 PM To: Valerie Greear <Valerie.Greear@deq.idaho.gov> Cc: Rebecca Blankenau <Rebecca.Blankenau@deq.idaho.gov>; Beth Bahem <Beth.Bahem@deq.idaho.gov> Subject: FW: Timber Creek Recycling Enforcement Valerie, 2 CDH, DEQ and City of Meridian are working together on the Meridian Timber Creek site and Meridian is considering initiating an enforcement action. On a call with them I indicated that I believe the WAS is more properly categorized as an “industrial waste” rather than a “food waste” as it results from an industrial food production process, producing an industrial de-watered sludge. Is this correct? The development agreement between TC and Meridian does not allow acceptance and composting of industrial waste, only food waste, so this could be an important distinction. Are you aware of any relevant definitions in Sorento’s permits or plans, relevant regulations, or references to “food waste” versus “industrial waste”? From: Emily Kane <ekane@meridiancity.org> Sent: Friday, July 28, 2023 4:45 PM To: Lori Badigian <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew Beeter <Matthew.Beeter@deq.idaho.gov> Subject: RE: Timber Creek Recycling Enforcement CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Hi, Lori, Mike, and Matt. Thank you so much for meeting with me and Todd this morning. I’m sorry I had to leave so abruptly at the end. I wanted to summarize our respective next steps. For the City’s part, Todd will call Mike on Tuesday and let him know that he is initiating a nuisance investigation. The outer boundary of the City’s approval of the recycling facility’s activities under the DA will be concomitant with the CDH Operation Plan and Odor Management Plan, and noncompliance with those plans will serve as grounds for a nuisance. Emily will file a public records request with DEQ for the plans. DEQ’s next steps with Timber Creek are related to approval of the Nampa facility, as discussed. Matt is going to talk to the Air Quality division of DEQ and see if they can suggest some resources to help us understand whether WAS derived from cheese waste is legally considered food waste or industrial waste. CDH’s next steps are to check Timber Creek’s daily logs and other required documentation in November, as discussed and as outlined in Lori’s May 8 letter to Timber Creek. We had talked about setting up a meeting with Mike to talk about the whole picture. Lori or Matt, did you want to set that up? Thanks again for your time and the excellent information. We really appreciate the opportunity to collaborate on this. Have a great weekend! Emily Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law 3 From: Emily Kane Sent: Wednesday, July 26, 2023 11:00 AM To: 'Lori Badigian' <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: \[External Email\]RE: Timber Creek Recycling Enforcement Sounds good; I’ll re-book it. Matt, let me know if another time would work better for you. Otherwise, I will see you all at 9:00 a.m. on Friday. Thank you for your flexibility. Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Lori Badigian <LBadigian@cdh.idaho.gov> Sent: Wednesday, July 26, 2023 9:34 AM To: Emily Kane <ekane@meridiancity.org>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: \[External Email\]RE: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Mike and I can do 9:00 am Friday July 28 From: Emily Kane <ekane@meridiancity.org> Sent: Wednesday, July 26, 2023 9:28 AM To: Lori Badigian <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: \[External Email\]RE: \[External Email\]RE: Timber Creek Recycling Enforcement Good morning. I’m so sorry, but I have a previous obligation that wasn’t on my calendar yesterday, and have double- booked myself. I need to reschedule our meeting tomorrow. Would you all be available on Friday at 9 a.m., 11 a.m., or 3 p.m. instead? I am out of the office next week but we could also meet the week of August 7 if we aren’t in too big of a time crunch. Thank you and apologies for the mixup. Emily Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 4 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Emily Kane Sent: Tuesday, July 25, 2023 3:59 PM To: 'Lori Badigian' <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: Timber Creek Recycling Enforcement Yes, I will do that. I will send a Teams meeting invitation in the next few minutes. Thank you and looking forward to meeting you on Thursday! From: Lori Badigian <LBadigian@cdh.idaho.gov> Sent: Tuesday, July 25, 2023 3:57 PM To: Emily Kane <ekane@meridiancity.org>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Emily, Thank you. Yes Thursday July 27 at 3:00 via Teams works for Mike and I. Can you please include Matt Beeter, IDEQ Solid waste Program Manager? I have included him in this email reply. From: Emily Kane <ekane@meridiancity.org> Sent: Tuesday, July 25, 2023 11:11 AM To: Lori Badigian <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov> Subject: \[External Email\]RE: Timber Creek Recycling Enforcement You don't often get email from ekane@meridiancity.org. Learn why this is important Hi, Lori. Thank you for sending this information and including the City of Meridian in the conversation. I will serve as the City’s point of contact for this issue. Unfortunately, because the compost operation, and specifically the processing of food waste, is an allowed land use under the City’s development agreement with Timber Creek, the scope of the City’s authority to pursue a nuisance action is fairly constrained. But even with that situation as the backdrop, we would still like to talk about how the City can support CDH’s effort to address the odor complaints. Are you by chance available this Thursday, July 27, at 3:00 p.m.? I can set up a call on Teams if that time and platform works for you. Or if you’d like to chat at another time or by another method, that would be just fine. Thank you again for reaching out and for your efforts so far to address the issue. Looking forward to talking with you soon. Emily Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 5 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law Begin forwarded message: From: Lori Badigian <LBadigian@cdh.idaho.gov> Date: July 25, 2023 at 8:28:00 AM MDT To: CityAttorney <CityAttorney@meridiancity.org>, Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov> Subject: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Good morning, I am the Ada County Land, On-site Sewage and Solid Waste inspector with Central District Health (CDH). Within the Solid Waste Program, the Health District regulates the Operations and Closure Plans. We regularly work with DEQ with regards to the Solid Waste facilities, specifically to odor complaints. In March 2023 DEQ Air Quality Division lost the regulatory ability to follow up on odor complaints for industrial facilities which means that since April all odor complaints are forwarded to the Health Districts. In April CDH began receiving numerous odor complaints from the neighbors surrounding Timber Creek Recycling and the complaints were found to be valid. The facility receives a cheese waste product that is very foul smelling and must be handled correctly in order to prevent odors from escaping the facility. During this time, it was determined that the waste was not being properly mixed or covered creating this significant odor issue through the area creating a public nuisance. An enforcement letter was issues to Timber Creek Requesting significant documentation so that CDH could determine if the facility is operating in accordance with the approved Operations Plan. See letter titled Timber Creek Recycling Odor Complaint Enforcement letter. Upon review of the information submitted it was determined that this cheese waste appears to be the cause of the odor complaints and that Timber Creek Recycling is not operating in accordance with the approved Operations Plan. See attached letter titled Timber Creek Violation Correction Letter. CDH did not receive any complaints from June-July 21. On July 21 and 24 I received several complaints. I was not able to respond on July 21. I did go to the site on June 24 and did not detect an odor that could have been generated from the recycling facility. I was asked by my supervisor and DEQ to provide the correction letters to you so that the City of Meridian is aware of the ongoing odor issue from this facility. 6 Central District Health would like to collaborate efforts to resolve this public nuisance odor issue with the City of Meridian. I can be reached via this email or at 208-869-9118 if you would like to discuss this further. Regards, Lori Badigian Connect with us! Lori Badigian, REHS | Environmental Health Specialist Senior Community & Environmental Health P. 208 327-8517 | M. 208-869-9118 | F. 208-327-8553 E. LBadigian@cdh.idaho.gov | W. cdh.idaho.gov 707 N. Armstrong Pl., Boise, ID 83704 Excellence | Positive Impact | Partnership | Innovation | Credibility | Humanity I MPORTANT: The information contained in this email may be privileged, confidential or otherwise protected from disclosure. All persons are advised that they may face penalties under state and federal law for sharing this information with unauthorized individuals. If you received this email in error, please reply to the sender that you have received this information in error. Also, please delete this email after replying to the sender. All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 7 Charlene Way From:Valerie Greear <Valerie.Greear@deq.idaho.gov> Sent:Monday, July 31, 2023 4:21 PM To:Matthew Beeter Cc:Rebecca Blankenau; Beth Bahem Subject:RE: Timber Creek Recycling Enforcement Looking back at your question though, I have the following definitions. It’s a sludge produced from what our wastewater rules call a “nonmunicipal wastewater treatment or disposal facility” 58.01.16.401 The reuse permit is for an “industrial reuse facilit\[y\]”, 58.01.17.608. They also have an IPDES permit. From the IPDES rules, 58.01.25: 46. Industrial Wastewater. Any waste, together with such water as is present that is the by-product of industrial processes including, but not limited to, food processing or food washing wastewater (see Process Wastewater). 71. Process Wastewater. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product (see Industrial Wastewater definition). It’s dewatered waste from the industrial wastewater treatment facility from a food processing facility. Probably not what they had in mind with either of the terms they used. Valerie Greear, PE | Water Quality Engineering Manager Idaho Department of Environmental Quality, Boise Regional Office (o) 208-373-0459 (m) 208-805-0041 From: Valerie Greear Sent: Monday, July 31, 2023 3:32 PM To: Matthew Beeter <Matthew.Beeter@deq.idaho.gov> Cc: Rebecca Blankenau <Rebecca.Blankenau@deq.idaho.gov>; Beth Bahem <Beth.Bahem@deq.idaho.gov> Subject: RE: Timber Creek Recycling Enforcement It is most definitely industrial waste. It’s not even from the food production process, it’s from the wastewater treatment process. It is WAS = waste activated sludge. The WAS is the excess biomass from the wastewater treatment process, along with the chemically precipitated phosphorus and polymer added so that the water can be removed in the belt press. It is a biological product, suitable as a soil amendment and has even been fed to cattle, but it is waste from an industrial process. When we first found out that they were hauling it to TCR, Kevin and I looked at the OP and thought that the WAS fit the description of “dairy waste by-products that pass a paint filter test”. The material hauled from Lactalis is not cheese whey. They specifically remove the whey as a product. (They do have a byproduct that is called ‘whey CIP’ and another called ‘cheese de-sludgings’, neither of which go to TCR that I am aware of, and both of those are more a liquid.) We regulate WAS under IDAPA 58.01.16.650. In the Reuse Permit we require that they put together a Waste Solids Management Plan that defines all handling, sampling, and ultimate disposal/use of the sludge or other solid. I’ve attached a link to the WSMP in their PO. It’s outdated, because they obviously no longer manage it themselves, but it 1 has a lot of information about what it is and what’s in it. As stated in the plan, the WAS has been registered in the past with ISDA as a Soil Amendment and it has nutrient/fertilizer value. I’ve attached a picture of it from when they took it somewhere else temporarily a year or so ago. No scale, but each pile is a truckload. The shape is from the addition of polymer. It’s gelatinous. Here is the flow diagram of their wastewater treatment plant. The flow diagram is a little outdated I think, but it’s essentially this still. The black truck is what heads to TCR. Valerie Greear, PE | Water Quality Engineering Manager Idaho Department of Environmental Quality, Boise Regional Office (o) 208-373-0459 (m) 208-805-0041 2 From: Matthew Beeter <Matthew.Beeter@deq.idaho.gov> Sent: Monday, July 31, 2023 12:37 PM To: Valerie Greear <Valerie.Greear@deq.idaho.gov> Cc: Rebecca Blankenau <Rebecca.Blankenau@deq.idaho.gov>; Beth Bahem <Beth.Bahem@deq.idaho.gov> Subject: FW: Timber Creek Recycling Enforcement Valerie, CDH, DEQ and City of Meridian are working together on the Meridian Timber Creek site and Meridian is considering initiating an enforcement action. On a call with them I indicated that I believe the WAS is more properly categorized as an “industrial waste” rather than a “food waste” as it results from an industrial food production process, producing an industrial de-watered sludge. Is this correct? The development agreement between TC and Meridian does not allow acceptance and composting of industrial waste, only food waste, so this could be an important distinction. Are you aware of any relevant definitions in Sorento’s permits or plans, relevant regulations, or references to “food waste” versus “industrial waste”? From: Emily Kane <ekane@meridiancity.org> Sent: Friday, July 28, 2023 4:45 PM To: Lori Badigian <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew Beeter <Matthew.Beeter@deq.idaho.gov> Subject: RE: Timber Creek Recycling Enforcement CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Hi, Lori, Mike, and Matt. Thank you so much for meeting with me and Todd this morning. I’m sorry I had to leave so abruptly at the end. I wanted to summarize our respective next steps. For the City’s part, Todd will call Mike on Tuesday and let him know that he is initiating a nuisance investigation. The outer boundary of the City’s approval of the recycling facility’s activities under the DA will be concomitant with the CDH Operation Plan and Odor Management Plan, and noncompliance with those plans will serve as grounds for a nuisance. Emily will file a public records request with DEQ for the plans. DEQ’s next steps with Timber Creek are related to approval of the Nampa facility, as discussed. Matt is going to talk to the Air Quality division of DEQ and see if they can suggest some resources to help us understand whether WAS derived from cheese waste is legally considered food waste or industrial waste. CDH’s next steps are to check Timber Creek’s daily logs and other required documentation in November, as discussed and as outlined in Lori’s May 8 letter to Timber Creek. We had talked about setting up a meeting with Mike to talk about the whole picture. Lori or Matt, did you want to set that up? Thanks again for your time and the excellent information. We really appreciate the opportunity to collaborate on this. Have a great weekend! Emily Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 3 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Emily Kane Sent: Wednesday, July 26, 2023 11:00 AM To: 'Lori Badigian' <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: \[External Email\]RE: Timber Creek Recycling Enforcement Sounds good; I’ll re-book it. Matt, let me know if another time would work better for you. Otherwise, I will see you all at 9:00 a.m. on Friday. Thank you for your flexibility. Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Lori Badigian <LBadigian@cdh.idaho.gov> Sent: Wednesday, July 26, 2023 9:34 AM To: Emily Kane <ekane@meridiancity.org>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: \[External Email\]RE: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Mike and I can do 9:00 am Friday July 28 From: Emily Kane <ekane@meridiancity.org> Sent: Wednesday, July 26, 2023 9:28 AM To: Lori Badigian <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: \[External Email\]RE: \[External Email\]RE: Timber Creek Recycling Enforcement Good morning. I’m so sorry, but I have a previous obligation that wasn’t on my calendar yesterday, and have double- booked myself. I need to reschedule our meeting tomorrow. Would you all be available on Friday at 9 a.m., 11 a.m., or 3 p.m. instead? I am out of the office next week but we could also meet the week of August 7 if we aren’t in too big of a time crunch. Thank you and apologies for the mixup. Emily 4 Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Emily Kane Sent: Tuesday, July 25, 2023 3:59 PM To: 'Lori Badigian' <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: Timber Creek Recycling Enforcement Yes, I will do that. I will send a Teams meeting invitation in the next few minutes. Thank you and looking forward to meeting you on Thursday! From: Lori Badigian <LBadigian@cdh.idaho.gov> Sent: Tuesday, July 25, 2023 3:57 PM To: Emily Kane <ekane@meridiancity.org>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov>; Matthew.Beeter@deq.idaho.gov Subject: RE: \[External Email\]RE: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Emily, Thank you. Yes Thursday July 27 at 3:00 via Teams works for Mike and I. Can you please include Matt Beeter, IDEQ Solid waste Program Manager? I have included him in this email reply. From: Emily Kane <ekane@meridiancity.org> Sent: Tuesday, July 25, 2023 11:11 AM To: Lori Badigian <LBadigian@cdh.idaho.gov>; Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov> Subject: \[External Email\]RE: Timber Creek Recycling Enforcement You don't often get email from ekane@meridiancity.org. Learn why this is important Hi, Lori. Thank you for sending this information and including the City of Meridian in the conversation. I will serve as the City’s point of contact for this issue. Unfortunately, because the compost operation, and specifically the processing of food waste, is an allowed land use under the City’s development agreement with Timber Creek, the scope of the City’s authority to pursue a nuisance action is fairly constrained. But even with that situation as the backdrop, we would still like to talk about how the City can support CDH’s effort to address the odor complaints. Are you by chance available this Thursday, July 27, at 3:00 5 p.m.? I can set up a call on Teams if that time and platform works for you. Or if you’d like to chat at another time or by another method, that would be just fine. Thank you again for reaching out and for your efforts so far to address the issue. Looking forward to talking with you soon. Emily Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law Begin forwarded message: From: Lori Badigian <LBadigian@cdh.idaho.gov> Date: July 25, 2023 at 8:28:00 AM MDT To: CityAttorney <CityAttorney@meridiancity.org>, Todd Koehler <tkoehler@meridiancity.org> Cc: Mike Reno <MReno@cdh.idaho.gov> Subject: Timber Creek Recycling Enforcement External Sender - Please use caution with links or attachments. Good morning, I am the Ada County Land, On-site Sewage and Solid Waste inspector with Central District Health (CDH). Within the Solid Waste Program, the Health District regulates the Operations and Closure Plans. We regularly work with DEQ with regards to the Solid Waste facilities, specifically to odor complaints. In March 2023 DEQ Air Quality Division lost the regulatory ability to follow up on odor complaints for industrial facilities which means that since April all odor complaints are forwarded to the Health Districts. In April CDH began receiving numerous odor complaints from the neighbors surrounding Timber Creek Recycling and the complaints were found to be valid. The facility receives a cheese waste product that is very foul smelling and must be handled correctly in order to prevent odors from escaping the facility. During this time, it was determined that the waste was not being properly mixed or covered creating this significant odor issue through the area creating a public nuisance. An enforcement letter was issues to Timber Creek Requesting significant documentation so that CDH could determine if the facility is operating in accordance with the approved Operations Plan. See letter titled Timber Creek Recycling Odor Complaint Enforcement letter. Upon review of the information submitted it was determined that this cheese waste appears to be the cause of the odor complaints and that Timber Creek Recycling is not operating in accordance with the approved Operations Plan. See attached letter titled Timber Creek Violation Correction Letter. 6 CDH did not receive any complaints from June-July 21. On July 21 and 24 I received several complaints. I was not able to respond on July 21. I did go to the site on June 24 and did not detect an odor that could have been generated from the recycling facility. I was asked by my supervisor and DEQ to provide the correction letters to you so that the City of Meridian is aware of the ongoing odor issue from this facility. Central District Health would like to collaborate efforts to resolve this public nuisance odor issue with the City of Meridian. I can be reached via this email or at 208-869-9118 if you would like to discuss this further. Regards, Lori Badigian Connect with us! Lori Badigian, REHS | Environmental Health Specialist Senior Community & Environmental Health P. 208 327-8517 | M. 208-869-9118 | F. 208-327-8553 E. LBadigian@cdh.idaho.gov | W. cdh.idaho.gov 707 N. Armstrong Pl., Boise, ID 83704 Excellence | Positive Impact | Partnership | Innovation | Credibility | Humanity I MPORTANT: The information contained in this email may be privileged, confidential or otherwise protected from disclosure. All persons are advised that they may face penalties under state and federal law for sharing this information with unauthorized individuals. If you received this email in error, please reply to the sender that you have received this information in error. Also, please delete this email after replying to the sender. 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