CDPHE Complaint Filed Over Longmont's Failure to Address Environmental Hazards at "Industrially Disturbed" Distel Property

City staff have admitted the site is "industrially disturbed" but the City has failed to conduct mandatory subsurface investigation to determine extent of toxic contamination prior to redevelopment.

FOR IMMEDIATE RELEASE

February 21, 2025

State Complaint Filed Over Contamination Risks at Longmont’s Distel Property

Resident Demands Investigation as City of Longmont Ignores Environmental Hazards

Longmont, CO – A concerned resident and environmental advocate has formally filed a complaint with the Colorado Department of Public Health and Environment (CDPHE) demanding an investigation into potential hazardous contamination at the “industrially disturbed” Distel property in unincorporated Weld County.

The complaint, filed on February 21, 2025, outlines serious contamination concerns at 1587 County Road 20 ½, a current industrial site used for gravel mining and asphalt production. A 2019 Phase I Environmental Site Assessment (ESA) flagged multiple Recognized Environmental Conditions (RECs) on the property, including:

• Petroleum spills and hydrocarbon contamination from historic industrial activity.

• Insufficient containment of hazardous materials, including aboveground storage tanks.

• Potential contamination of groundwater and nearby waterways (St. Vrain Creek and Boulder Creek floodplain).

• Toxic Release Inventory (TRI) reports indicating the presence of carcinogenic chemicals such as polycyclic aromatic hydrocarbons (PAHs) and Benzo[g,h,i]perylene between 2002 and 2008.

Despite the Phase I ESA’s explicit recommendation for a Phase II subsurface investigation, the City of Longmont has apparently failed to conduct the required environmental testing and is now attempting to reclassify the land for municipal use and redevelopment—without properly addressing these potential hazards.

Resident Demands Immediate Action

The CDPHE complaint calls for an immediate environmental investigation to determine whether hazardous materials remain on-site and whether contamination poses a public health and ecological risk.

“This is an unacceptable failure of environmental oversight,” said Ethan Augreen, a Longmont resident and environmental advocate who currently serves as a member of the City’s Sustainability Advisory Board. “The City of Longmont is knowingly ignoring contamination risks and pushing forward with land-use changes without first conducting the required testing. If these chemicals leach into groundwater or are disturbed during redevelopment, the consequences could be dangerous for public health and the environment.”

Potential Violations of Environmental Law

The complaint also raises concerns that Longmont may be violating Colorado hazardous waste laws and federal environmental regulations, including:

✅ Failure to report or remediate past petroleum releases, as required under state hazardous waste rules.
✅ Potential Clean Water Act violations if stormwater runoff carries contaminants into St. Vrain Creek or Boulder Creek.
✅ Ignoring legally required environmental due diligence before repurposing industrial land for municipal use.

“The law is clear,” said Ethan Augreen. “When contamination is suspected, a Phase II ESA is required before redevelopment. The City of Longmont has refused to do this—jeopardizing public health, violating environmental laws, and exposing taxpayers to massive cleanup liabilities.”

Next Steps

📌 CDPHE Review & Investigation – The complaint urges CDPHE to require the City of Longmont to conduct a full Phase II ESA and assess whether contamination poses a threat to groundwater, public health, and environmental safety.

📌 Public Pressure on Local Officials – Residents are mobilizing to demand accountability from Longmont and Boulder County leaders, who continue to push for land-use changes and discuss future redevelopment options, including the construction of a large-scale industrial composting facility, without proper environmental review.

📌 Legal & Regulatory Escalation – If officials fail to act responsibly, further legal action and regulatory complaints may be pursued.

Media Contact:

Ethan Augreen
Email: eaugreen@gmail.com
Phone Number: (303) 725-0734

Detailed Record of the Complaint:

As described above in the press release, a complaint was submitted to the Colorado Department of Public Health and Environment on February 21, 2025 concerning the City of Longmont’s failure to address the documented environmental hazards extant at the industrially disturbed Distel Property, located in unincorporated Weld County, prior to the proposed land use reclassification and municipal redevelopment of the site. Here is a screenshot of the “Potentially Responsible Party’s (PRP) Information” included in the complaint, followed by a detailed record of the claims made in the complaint:

CDPHE Complaint Form – Incident/Spill/Event Details

Date of incident/spill (month/day/year):

• Unknown (The Phase I ESA was completed in 2019, but the exact date of historical spills/releases is not documented in the publicly available report.)

Approximate time of incident/spill (MST) (hh:mm am/pm):

• Unknown

Where did the event occur? (physical address, highway and mile marker, GPS coordinates; legal description. May include nearby landmarks or intersections):

• 1587 County Road 20 ½, Weld County, CO

• Approximate GPS Coordinates: 40.1248° N, -105.0153° W

• Nearby Landmarks: Adjacent to St. Vrain Creek floodplain and Boulder Creek

County where event occurred (write "unknown" if unsure):

• Weld County

Is the incident/spill still occurring/active?

• Unknown (The Phase I ESA identified past Recognized Environmental Conditions (RECs), but without a Phase II ESA, it is unknown whether contamination is ongoing.)

Type of material (select all that apply):
☑ Petroleum Products (diesel, oil, gasoline)

Approximate quantity of material involved?

• Unknown (The report does not specify volumes, but the site has a history of industrial activity that included hazardous materials.)

Provide unit measurements (i.e. gallons, pounds, barrels, cubic feet, etc.):

• Unknown

Please select areas affected by the spill (all that apply):
☑ Gravel
☑ Dirt
☑ Water (Potential impact to groundwater and nearby creeks due to proximity to St. Vrain Creek and Boulder Creek floodplain)
☑ Dry waterway (Potential stormwater runoff pathway to St. Vrain Creek and Boulder Creek)
☑ Fixed facility (The site contains industrial infrastructure and may have stored hazardous materials improperly.)

If a waterway is impacted, please specify the quantity and name of the storm sewer, creek, river, lake, dry waterway, etc.:

• Potentially impacted: St. Vrain Creek and Boulder Creek floodplain

• Unknown quantity (Requires testing to confirm contamination pathways)

What was the cause of the incident/spill?

• Historical industrial activity at the site, including:

  • A historic produced water spill

  • A used oil spill

  • Insufficient containment of aboveground storage tanks

  • Strong hydrocarbon odors detected during the Phase I ESA

  • Potential heavy metal contamination from prior industrial use

Detailed description of source (if applicable):

• The Distel property has been used for gravel mining and asphalt production, activities associated with the use of petroleum-based chemicals and heavy metals.

• The Phase I ESA identified multiple RECs, indicating possible soil and groundwater contamination from past industrial operations.

• The ESA explicitly recommended a Phase II subsurface investigation to determine the extent of contamination, which the City of Longmont has failed to conduct despite proposing to redevelop the site for municipal use.

Who responded to the incident? (include name, phone, and/or email if possible):

• Unknown (No documented cleanup efforts have been publicly disclosed.)

What mitigation actions, if any, have been taken?

• None (The City of Longmont is not known to have conducted a Phase II ESA or any documented environmental remediation.)

Add any additional details about the incident/material (if applicable):

• The site was subject to Toxic Release Inventory (TRI) reports to the EPA from 2002 to 2008 for hazardous substances, including:

  • Benzopyrene

  • Polycyclic Aromatic Compounds (PACs)

• The City of Longmont is attempting to change the land use designation from Open Space to Municipal Use without conducting the legally required environmental assessments.

Was there a second material?
☑ Yes (Likely additional hazardous substances associated with industrial operations, but specific details require further investigation.)

CDPHE Complaint Form – Second Material

Type of material (select all that apply):
☑ Chemicals and Hazardous Substances

Approximate quantity of material involved? (an exact number or range):

• Unknown (Due to the lack of a Phase II ESA, the precise quantity of hazardous substances cannot be confirmed. However, prior reports indicate multiple Recognized Environmental Conditions (RECs) and potential contamination.)

Provide unit measurements (i.e. gallons, barrels, cubic feet, etc.):

• Unknown (Testing is required to determine the extent and volume of contamination.)

Additional details about the 2nd material (specify):

• The site was subject to Toxic Release Inventory (TRI) reports to the EPA from 2002 to 2008 for hazardous substances, including:

  • Benzo[g,h,i]perylene (A known carcinogenic polycyclic aromatic hydrocarbon found in petroleum products and asphalt byproducts.)

  • Polycyclic Aromatic Compounds (PACs) (Toxic organic compounds associated with petroleum-based industrial activity.)

• These chemicals are known environmental pollutants that can persist in soil and water, posing risks to human health and ecological systems.

• The lack of a Phase II ESA means that groundwater contamination cannot be ruled out, and potential runoff into St. Vrain Creek and Boulder Creek is a major concern.

• Similar emissions may have occurred after 2008 but not reported to the EPA The Phase 1 ESA notes, “Several environmental violations relating to air permitting at the onsite asphalt plan have been reported, most recently in April 2019.”

Was there a third material?
☑ Yes (Additional contaminants are likely, but further investigation is necessary to determine the full extent of environmental hazards.)

CDPHE Complaint Form – Third Material

Type of material (select all that apply):
☑ Industrial and Process Waste

Approximate quantity of material involved? (an exact number or range):

• Unknown (Historical records indicate previous petroleum spills and improper storage of hazardous substances, but no Phase II ESA has been conducted to determine the exact quantity.)

Provide unit measurements (i.e. gallons, barrels, cubic feet, etc.):

• Unknown (Further testing is required to confirm the extent of contamination.)

Additional details about the 3rd material (specify):

• The 2019 Phase I ESA identified a historic produced water spill and a used oil spill, both of which suggest potential petroleum contamination at the site.

• The presence of above-ground storage tanks with insufficient containment was also flagged as a Recognized Environmental Condition (REC).

• Petroleum hydrocarbons can leach into soil and groundwater, and without proper containment, stormwater runoff from the site could carry pollutants into nearby waterways (St. Vrain Creek and Boulder Creek).

• Given the site's industrial history and ongoing lease to an asphalt and gravel processing facility, the risk of residual petroleum contamination is substantial.

Do you have any additional information or comments?

• The failure to conduct a Phase II ESA despite clear recommendations in the Phase I ESA is a regulatory failure that warrants immediate investigation.

• The proximity of the site to St. Vrain Creek and Boulder Creek creates a heightened risk of stormwater contamination, which could have downstream impacts.

• A full subsurface investigation is necessary to assess soil and groundwater contamination levels before any land use changes or redevelopment occurs.

• CDPHE should issue a compliance order requiring the City of Longmont to conduct proper environmental testing and mitigation before any further action is taken on the site.

SUPPLEMENTAL COVER LETTER SUBMITTED WITH THE COMPLAINT

Subject: Formal Request for Investigation – Potential Hazardous Material Contamination at the Distel Property, Longmont, CO

Dear CDPHE Investigation and Compliance Teams,

I am submitting this letter as a formal supplement to the complaint filed regarding potential hazardous material contamination at the Distel property (1587 County Road 20 ½, Weld County, CO). As outlined in the complaint, this site has a history of industrial activity, including gravel mining, asphalt production, and storage of hazardous petroleum products, and was flagged in a 2019 Phase I Environmental Site Assessment (ESA) for multiple Recognized Environmental Conditions (RECs).

1. The City of Longmont’s Failure to Conduct Legally Required Environmental Testing

The Phase I ESA conducted by Terracon Consultants Inc. for the City of Longmont in 2019 explicitly recommended further subsurface investigation to assess potential subsurface contamination, potentially including:

• Petroleum hydrocarbons from historic oil spills and asphalt processing operations.

• Polycyclic aromatic hydrocarbons (PAHs), benzopyrene, and heavy metals associated with industrial activity.

• Groundwater and soil contamination risks due to improper containment of aboveground storage tanks.

Despite this clear recommendation, the City of Longmont, to the best knowledge of the complainant, has not conducted a Phase II ESA or groundwater monitoring to evaluate the extent of contamination. This omission violates best practices in environmental compliance and the complainant believes it to be in direct conflict with Colorado environmental laws and hazardous waste regulations.

2. Potential Violation of Colorado’s Hazardous Waste Regulations

CDPHE’s reporting guidelines specify that releases of petroleum products exceeding 25 gallons or any discharge into waterways are considered reportable incidents. The following concerns warrant CDPHE’s immediate attention:

• The property is within the St. Vrain Creek floodplain and near Boulder Creek, meaning stormwater runoff could carry contaminants into local waterways.

• The Phase I ESA identified past petroleum product spills and insufficient containment of hazardous substances, which may have leached into groundwater or surface water.

• The City is currently attempting to reclassify the land from Open Space to Municipal Use for imminent redevelopment activity, which triggers the legal requirement to assess and remediate contamination risks before proceeding. Prospective redevelopment includes both a regional industrial-scale composting facility in partnership with Boulder County, which presents the environmental risk of compost leachate runoff mobilizing the further spread of existing contamination, and/or a firefighter training center, presenting the risk of fire and other potential hazardous materials.

3. Public Health and Environmental Risks

The historic and/or ongoing presence of petroleum hydrocarbons, PAHs, and other industrial contaminants raises serious concerns about soil and groundwater contamination. Exposure to these substances can cause adverse health effects, particularly for nearby residents and workers who may come into contact with contaminated dust, soil, or groundwater.

If redevelopment proceeds without proper testing and mitigation, Longmont residents, Weld County community members and City of Longmont workers may be exposed to harmful chemicals that pose risks of cancer, respiratory illnesses, and groundwater pollution.

4. Request for Immediate CDPHE Investigation & Compliance Order

In light of these concerns, I formally request that CDPHE:

1. Initiate an environmental investigation into potential soil and groundwater contamination at the Distel property.

2. Require the City of Longmont to conduct a Phase II ESA as recommended in the Phase I ESA prior to any redevelopment activity and/or land use change.

3. Assess whether stormwater runoff from the property poses a risk to St. Vrain Creek and Boulder Creek.

4. Determine if the City of Longmont is in violation of state hazardous waste laws and environmental reporting requirements by taking action to redevelop the site, including the administrative re-designation of the site’s land use from Open Space to Municipal Use, which is the first step to activate imminent redevelopment.

Given the urgency of the City’s proposed land use change for the site, which is currently under review and may be decided as soon as next month (March 2025), I urge CDPHE to take urgent action to ensure regulatory compliance and protect public health.

Please feel free to contact me if further information is required. I am available to provide CDPHE with a PDF of the full 2019 Phase 1 Environmental Site Assessment.