Graves Dairy/ Morning Fresh

Dairy/ Noosa Yoghurt Facility

May 24, 2016 Bellvue, CO Community Meeting
follow up
Background
There are three programs at the Colorado Department of Public Health and Environment
(CDPHE) which have oversight authority for the environmental conditions at the Graves Dairy/
Morning Fresh Dairy/ Noosa Yoghurt facility: the Environmental Agriculture Program
(agriculture program) which oversees the regulation of wastewater management at the
animal feeding operation; the Water Quality Control Division (water division) which oversees
the regulation of discharges of pollutants to state waters from the animal feeding operation
and milk/ yogurt production; and the Hazardous Materials and Waste Management Division/
Solid Waste Unit (solid waste unit) which oversees the regulation of the solid waste storage
and disposal facility that has been created as a result of the wastewater stored in Rist
Reservoir as well as the beneficial use application of that waste.
In May 2015 the agriculture program conducted site visits of the main portion of the Graves
Dairy/ Morning Fresh Dairy/ Noosa Yoghurt facility and noted the following significant issues:
Animal feeding operation: no active containment structures. Wastewater from the
dairy parlor and feed area flowed through a field and into the Cache La Poudre River.
Morning Fresh/ Noosa milk and yogurt operation: process wastewater from the milk
and yogurt production flowed through a field and into the Cache La Poudre River.
Graves Dairy/ Morning Fresh Dairy/ Noosa Yoghurt did not have any permits
authorizing a discharge to the Cache La Poudre River. The agriculture program issued a
compliance advisory directing (among other items) Graves Dairy/ Morning Fresh Dairy/
Noosa Yoghurt to contain wastewater to minimize the flow and impact to the Cache La
Poudre River and apply for discharge permit coverage for the animal feeding operation
and for the discharge of milk and yogurt wastewater.
In November 2015 the water division received notification from the county (via a complaint)
of a waste discharge into Rist Reservoir. The waste was confirmed to be wastewater
generated from the milk and yogurt production at the Morning Fresh Dairy/ Noosa facility.
Current Status
Use of the Rist Canyon Reservoir for storage of milk and yogurt waste was not authorized by
CDPHE. The use of the reservoir for the storage of milk and yogurt waste was a decision that
Graves Dairy and/or Morning Fresh Dairy and/or Noosa made without prior consultation with
CDPHE. CDPHE learned that the reservoir was being used for milk and yogurt waste storage
after receiving notification from the county. By placing the waste in Rist Reservoir, Graves
Dairy/ Morning Fresh Dairy/ Noosa, (1) discharged pollutants to state waters without
authorization (a discharge permit) and (2) is operating as an unauthorized solid waste disposal
site and facility.
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In November 2015 the Graves Dairy submitted an application for coverage under the General
CAFO discharge permit which sets standards for the wastewater management at the animal
feeding operation. The General CAFO discharge permit requires an operation to have
adequate storage capacity to contain agricultural wastewater during the prescribed a storm
event. The purpose of this requirement is to prevent an unauthorized release of agricultural
wastewater from an operation to surface water. As directed by the agriculture program and
required by Water Quality Control Act regulations, Graves Dairy is making improvements to
the facility to capture and contain all wastewater generated from the animal feeding
operation portion of the facility.
Effective May 1, 2016, Noosa is authorized to discharge treated milk and yogurt wastewater
from the wastewater treatment facility to the Cache La Poudre River, subject to the terms
and conditions of the permit which place limitations on the volume of wastewater and
pollutant levels that can be discharged. The permit was recently modified to correct BOD and
copper limitations, sample types, and other minor typographical errors. This modification is
currently noticed for a public comment period which ends June 13, 2016. Copies of the
permit and fact sheet summarizing the changes can be located at
https://www.colorado.gov/pacific/cdphe/cdphe/wq-public-notice-actions. The wastewater
treatment plant is still under construction and anticipated to start discharging under the
terms of the permit in July 2016.
Currently, all wastewater generated from the milk and yogurt production is being hauled to
A1 Organics for disposal/ composting. Wastewater from Rist Reservoir is being pumped to a
portion of the wastewater treatment facility for partial treatment in an attempt to reduce
the odor causing constituents in the wastewater. The partially treated wastewater is then
pumped back up to Rist Reservoir. There are ten aerators running in Rist Reservoir which also
function to reduce odor. On May 24, 2016 the department took odor readings at Rist Reservoir
but the odor readings did not trigger a violation under the states air quality regulations for
odor.
Path forward
The solid waste unit is evaluating the appropriateness of land applying the wastewater that is
currently stored in Rist Reservoir to land owned by Graves (and possibly land owned by others
in surrounding counties). Under certain conditions, irrigating land with wastewater is an
acceptable practice referred to as beneficial use. This evaluation will take into
consideration, among others, the environmental impact from the application, the method and
rate of application, and potential odor issues. The solid waste unit is allowing Noosa to
undertake a pilot project to evaluate the proposed beneficial use land application. The pilot
project will consist of limited land application to a single field for a week with 3rd party odor
monitoring taking place during the application and for a week after the application. Based on
the results of the pilot project, the solid waste unit will consider whether or not to allow the
beneficial use land application of the wastewater. Given the volume of wastewater in Rist
Reservoir, a beneficial use application is the preferred alternative because this practice could
remove the wastewater in Rist Reservoir much quicker than hauling it offsite or treating it
through the wastewater treatment plant.
Formal enforcement actions are pending. The departments priority thus far has focused on
minimizing the environmental impact from the waste as well as determining the most
appropriate way to handle the wastewater that is currently stored in Rist Reservoir.
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Contacts:
Environmental Agriculture Program: Michael Sherry michael.sherry@state.co.us or
303.692.3614
Water Quality Control Division: Kelly Morgan kelly.morgan@state.co.us or 303.692.3634
Solid Waste Unit: Michael Bankoff michael.bankoff@state.co.us or 303.692.3438

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