The URL can be used to link to this page

Browse Search

Home My WebLink About20012426 Memorandum TO: Board of County Commissioners DATE: August 16, 2001 tie" • FROM: Trevor Jirice Cindi Etcheverri, COLORADO Department of Public Health & Environment SUBJECT: Work Session Concerning Fly Abatement Plans for Morwai Dairy, LLC and Stromo Composting At the request of Bill Jerke and Rob Masden I have scheduled a work session for Tuesday, August 21, 2001, at 9:00 a.m. The purpose of the work session is to provide Board and public input to our Departments written response to the Morwai Dairy, LLC and Stromo Composting facility's submitted fly abatement plans. Due to potential public attendance, the work session will be held in the 1st floor assembly room. BACKGROUND: On Monday August 13, 2001, Commissioners Masden and Jerke, along with staff from our Department, met with approximately 24 people that live in the vicinity of the Morwai Dairy, LLC and Stromo Composting facility. The meeting was scheduled at the request of members of the community. Representatives of the dairy and the composting operation were also present. The meeting came about as the result of citizens frustrated with their perceived deteriorating quality of life due to nuisance fly conditions, as well as other secondary issues such as odors, truck traffic, and road dust. On numerous recent occasions, our staff observed the dairy and the composting operations and have verified that these facilities are contributing to a nuisance condition by not adequately controlling flies. We notified both facilities of our observations and the conditions in certified letters, dated July 26, 2001, and in accordance with their USR's requested that each facility submit fly abatement plans and a time line to abate the nuisance. Each facility has submitted a plan in response to our request. We have found each plan to be inadequate as submitted. I have attached our Departments letter to each facility, their written response, and our "draft" letter intended to be sent back to the facilities. If you have any questions, please call me at extension 2214. O:LAFOWORWAIMemolo Ward a bout woMsession wpd cc: Tom Haren, AgPro Environmental Services John Moser, Morwai Dairy, LLC and Stromo Composting /9/ /2 7< John Barry, Witwer, Oldenburg, Barry & Bedingfield /4/5O Mark Wallace, Weld County Health Officer (via email) As/_' /6cC/ Lee Morrison, Weld County Attorneys Office (via email) /Si 7‘: 'a - ��, 4, C;g/,271C f 2001-2426 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELELEY, CO 80631631- WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 July 30, 2001 Certified Letter No.: 7000 0520 0016 8839 7053 John and Ellen Moser Morwai Dairy, LLC 6600 West 20th Street#11 Greeley, Colorado 80634 Subject: Morwai Dairy, LLC, USR 1201 - Fly Complaint Dear Mr. Moser: The Weld County Department of Public Health and Environment has received numerous complaints concerning flies coming from your facility. In response to the complaint, I observed the manure being unloaded from the facility on July 19, 2001 at StroMo Compost. I also observed the facility on July 23,2001. The purpose of the inspection was to inspect and assess the facilities' compliance with the Development Standards set forth in USR-1201. Based upon my observations on the above dates, the fly control measures being incorporated at the facility is not adequate and an apparent nuisance exists. Development Standard#16 of USR-1201 states the facility shall operate in a manner that controls flies. In the judgement of the Weld County Health Officer,there exists a fly condition requiring abatement. Please provide a summary in writing, of what actions you have taken for the months of June and July to control flies. Also, please provide a detailed abatement plan and a detailed time line of the corrective action you will take to abate the current nuisance condition. Please notify mein writing within five(5)days of the receipt of this letter, of the corrective measures you are taking and a detailed time that it will take to correct the fly nuisance condition. If you have any questions regarding this letter and the nuisance condition, please contact me at(970) 304-6415, extension 2220. Sincerely, - yam/vc-roc-s tom/ Cindi Etcheverry • Environmental Specialist O.1ETCMCAFOwarwe1W72801fly nuisence.wpd cc: Trevor Jiricek, Director, Environmental Health Services Julie Chester, Department of Planning Services Lee Morrison, Weld County Attorney's Office Ron Jepson, Water Quality Control, CDPHE • FROM : AgPR0 ENV SUDS FAX NO, : 9705359954 Aug. 07 2901 10:38AM P3 4311 Highway 66, Suite 4 Longmont, CO 80504 Office(970) 535-9318 Fax:(970) 535-9854 • Cindy Etcheverry August 8, 2001 • Environmental Specialist Weld County Department of PH&E 1555 N. 17'"Avenue Greeley, CO 80631 RE: Morwai°airy—Certified letter No.:7000 0520 0016 8839 7053 This letter is in response to your Certified Letter dated July 30, 2001 regarding fly control at the Morwai Dairy facility_ :'.During the months of June and July, Moral Dairy personnel have fogged the facility every day:at least once with an organopnospliate insecticide. Additionally, the manure stockpiles -';°s receive an additional application of insecticide. Insecticides have been rotated occasionally reduce.resistance. On July 29,2001 an aerial application of insecticide was applied. ;:•Mocw+ai:Dairy has contracted with Orkin to spray a restricted use chemical around the "_ s:..;::",outside.trfithefacility that is applied every Monday and Friday. Also, EcoLab is contracted "•'ry:"-• to.spray,a,residuai chemical inside of the dairy and feed areas This application occurs t r even/10 days_ However, the residual chemical is advertised to last 30 days. On July 31, • 2001-the dairy applied"Blue Streak"fly bait. '- -.Subsequently, the facility has reduced the amount of stockpiled manure onsite significantly. According to the Nuisance Management plan submitted with USR 1201, the dairy is minimizing standing water, manure stockpiles, weeds and other fly feeding breeding and roosting areas as well as applying chemical treatments. Current plans are to continue daily chemical application as listed as wail as contracted services. We are following the Nuisance Plan as written and do not know of any additional measures not currently taken to improve the situation. Your suggestions are welcome. If you should have any qu 'one, I can be reached at(970) 535-9318. Sin T mas Heron hvironrnental Consultant .G; � •� 7:�i�Ynn_t':.v ry7F�;rY•�«,.rye«.. .. ","'_ c„�'�. i.t.• .c7,Y • a ;;%\:, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 August 21, 2001 i, HAND DELIVERED Tom Haren AgPro Environmental LLC 4311 Colorado Highway 66, Suite 4 Longmont, Colorado 80504 Subject: Morwai Dairy, LLC, USR 1201, Fly Abatement Dear Mr. Haren: The Weld County Department of Public Health and Environment(WCDPHE)has reviewed your August 6, 2001, letter, concerning the fly nuisance condition at the Morwai Dairy. The facility is located at 19999 WCR 28,in Weld County. Your letter was submitted in response to our certified letter dated July 30,2001. The WCDPHE has found your response to be inadequate as submitted. It appears your letter only describes the fly controls the facility has been incorporating this summer. Based upon our observations and continued resident complaints, it appears that the existing fly control methods are not controlling flies and that a nuisance condition continues to exist at and in the vicinity of the facility. Our July 30,2001 letter requested that the facility"...provide a detailed abatement plan and a detailed time line of the corrective action you will take to abate the current nuisance condition." We also cited Development Standard #16 of USR #1201 concerning the requirement of additional fly controls, because "...In the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement." However, your August 6, 2001 letter provided neither a time line nor additional controls. Additionally, based upon your letter, it appears that the facility is not complying with the facility's Management Plan for Nuisance Control as required by Development Standard#16 of USR#1201. The Plan states that the frequency of the housekeeping and management practices will increase,the use of chemical controls and treatments will increase,and biological controls,such as parasitic wasps,will be incorporated. Therefore,we are requesting that you submit a revised abatement plan and that it be submitted within three (3) days of receipt of this letter. We recommend that you consider the following options in your revised plan: • Review of operational procedures at the facility. We recommend that you review the operational procedures at the facility in regard to manure removal and storage and the elimination of wet areas. Tom Haren August 21, 2001 Page 2 • Increase chemical fog applications. Your letter indicates that facility personnel have sprayed a minimum of once every day. We recommend that the facility consider additional daily applications. • Use of larvicides. We recommend the facility consider feeding the cattle an oral larvicide. • Use of biological controls. The facility's Management Plan for Nuisance Control,dated February 18, 2001, states that biological controls will be implemented by the dairy to control flies. Based upon your August 6,2001 letter,biological controls have not been implemented. We acknowledge that given the current situation and d e to the lateness in the summer, this control may not be appropriate. Werecomm4 u . er I:,op P.nnex inng. We strongly encourage you to asse c en b ati•. _ .roced s at the facility. We also encourage you to submit a revised plan that integrates several different methods to control flies. Again,we request your revised plan within three(3)days of receipt of this letter. Failure to submit a revised plan within this time period will result in the scheduling of a Probable Cause hearing. If you have any questions regarding this letter,please contact me at(970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Trevor Jiricek Environmental Specialist Director Environmental Health Services Environmental Health Services O:\ETCH\CAFO\Morwel\081501 flycontrols inadequate draft.wpd cc: Julie Chester,Department of Planning Services (email) Lee Morrison,Weld County Attorney's Office (email) Mark E. Wallace, Weld County Health Officer Ron Jepson, Colorado Department of Public Health and Environment John Moser,Morwai Dairy,LLC DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE rit GREELELEY, CO 80631631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 COLORADO• ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 July 26, 2001 Certified Letter No.:7000 0520 0016 8839 7060 Tim Smith StroMo, LLC Post Office Box 205 Ft. Lupton, Colorado 80621 Subject: StroMo Compost Facility, USR 1276 -Fly Complaint Dear Mr. Smith: The Weld County Department of Public Healthand Environment has received numerous complaints concerning flies coming from your facility. In response to the complaints I observed the facility on July 16, 19, and 23,2001. The facility is located 21970 WCR 30, in Weld County. The purpose of the inspection was to inspect and assess the facilities' compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities"(the Regulations) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, and the Development Standards set forth in USR-1276, and to observe the spraying this is currently being done. Based upon my observations on the above dates, the fly control being incorporated at the facility is not adequate and an apparent nuisance exists. Development Standard#8 of USR-1276 states the facility shall operate in a manner that controls flies. In the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. Please provide a summary, in writing, of what actions you have taken for the months of June and July to control flies. Also,please provide a detailed abatement plan and a detailed time line of the corrective action you will take to abate the current nuisance condition. During the site visits Phil Becker and I discussed the corrective measures that you are currently taking to correct the fly nuisance condition. Those measures included,turning the static pile windrows, fogging two times per day, and aerial application of pesticides. Our staff and the staff of the Colorado Department of Public Health and Environment have observed Tim Smith July 26, 2001 Page 2 numerous composting operations over the past few years. Our experiences indicate that fly control can be achieved regardless of the material your facility is handling. We recommend that you research controls at existing facilities and in literature and incorporate them into your routine abatement plan. Please notify me, in writing, within five (5) days of the receipt of this letter, of the corrective measures you are taking and a detailed time that it will take to correct the fly nuisance condition. Ifyou have any questions regarding this letter and the nuisance condition,please contact me at(970) 304-6415, extension 2220. S(inccerely, Cindi Etcheverry Environmental Specialist C:\WINDOWS\TEMP1072601 nocce of fly nwvanoe.wpd cc: Roger Doak, Colorado Department of Public Health and Environment Julie Chester, Department of Planning Services Trevor Jiricek, Director, Environmental Health Services Lee Morrison,Weld County Attorney's Office FROM : AgPRO FNU 5UCS FAX NO. : 9705359854 Aug. 07 2001 10:37AM P2 4311 Highway 66, Suite 4 • Longmont, CO 80504 • Office(970)535-9318 • Fax: (970)535-9854 • • 4. k• y Cindy Etcheverry August 8, 2001 Environmental Specialist Weld County Department of PH&E 1555 N. 1 Avenue Greeley, CO 80631 RE: Slitter .LLC—Certtfied letter No.:7000 0520 0016 8839 7060 This letter is in response to your Certified Letter dated July 26, 2001 regarding fly control at the StroMo, LLC facility. During the months of June and July, StroMo, LLC personnel have sprayed every day at :,s•.;. • least once with an organophosphate insecticide. StroMo, LLC purchased and maintains their own chemical fogging equipment on site. Insecticides have been rotated occasionally ::°+ ; j:>.;•;to reduce resistance. On July 29, 2001 an aerial application of insecticide was applied, ' 'r ;• �:-.'Subsequently, the facility has reduced the static piles of unprocessed materials on site in earty June and incorporated the materials into composted windrows. Additionally, the • chicken farm that delivers chicken manure to the site has begun including Rabon, an . ...`• .`111seOcide feed additive, in the chicken ration. 'Currentpians are to continue daily chemical application as well as turning the composting ,. • .; windrows. We plan to continue as present. However, your suggestions are welcome. If you should have any questions, I cart be reached at(970) 535-9318. Sin • omas Haren Environmental Consultant • 4.ti: a DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 August 21, 2001 l " �' 'ak;witoniSi 49-11% HAND DELIVERED "" : '41,„4?( { fit Tom Haren AgPro Environmental LLC 4311 Colorado Highway 66, Suite 4 Longmont, Colorado 80504 Subject: Strati()Compost Facility,USR 1276,Fly Abatement Dear Mr. Haren: The Weld County Department of Public Health and Environment(WCDPHE)has reviewed your August 6, 2001, letter, concerning the fly nuisance condition at the Stromo Compost facility. The facility is located at 21970 WCR 30,in Weld County. Your letter was submitted in response to our certified letter dated July 26, 2001. The WCDPHE has found your response to be inadequate as submitted. It appears your letter only describes the fly controls the facility has been incorporating this summer. Based upon our observations and continued resident complaints, it appears that the existing fly control methods are not controlling flies and that a nuisance condition continues to exist at and in the vicinity of the facility. Our July 26,2001 letter requested that the facility"...provide a detailed abatement plan and a detailed time line of the corrective action you will take to abate the current nuisance condition." We also cited Development Standard #8 of USR #1276 concerning the requirement of additional fly controls, because "...In the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement." However, your August 6, 2001 letter provided neither a time line nor additional controls. Additionally, based upon your letter, it appears that the facility is not complying with the facility's Management Plan for Nuisance Control as required by Development Standard#8 of USR#1276. The Plan states that fly bait traps will be used along the perimeter of the site and that biological controls, such as parasitic wasps,will be incorporated. Therefore,we are requesting that you submit a revised abatement plan and that it be submitted within three (3) days of receipt of this letter. We recommend that you consider the following options in your revised plan: Tom Haren August 21, 2001 Page 2 • Review of operational procedures at the facility. An appropriately operated composting facility has very few flies. More aggressive processes may be necessary to assist in abatement of the fly nuisance condition. This would include the review of the addition of more carbon sources orbulking agents, evaluation of the turning frequency of windrows, mixing and placing manures into appropriately sized windrows immediately upon their receipt to the site, etc. • Increase chemical fogging applications. Your letter indicates that facility personnel have sprayed a minimum of once every day. We recommend that the facility consider additional daily applications. r. �uu i�� a� ,,�q .a • Use of larvicides. Based a on" • lettef o rvr ar ed only to chickens that produce the manure that is composted tlfa g oq " end tke facility consider requiring that any cattle that produce manure tia`is comp' t d at t e'facility so be fed an oral larvicide. • Cover the compost piles with black plastic sheeting. Literature from the University of Missouri Outreach&Extension office suggests compost piles can be covered withblack plastic sheeting. The plastic serves as a barrier to flies and traps heat, which reduces fly survival. We recommend you consider this option,particularly on the compost piles that contain chicken manure. • Use of biological controls. As discussed in the facility's Management Plan for Nuisance Control, biological controls are an effective means to control flies. We acknowledge that given the current situation and due to the lateness in the summer,this control may not be appropriate. We recommend you consider this option next spring. • Review the surface drainage of the facility. We recommend that you evaluate the drainage to assure run-off is adequately drained from the facility and that it is directed into the approved retention structures. It has been our staffs observation that an appropriately operated composting operation has very few flies. We strongly encourage you to assess the current operational procedures at the facility. We also encourage you to submit a revised plan that integrates several different methods to control flies. Again,we request your revised plan within three(3)days of receipt of this letter. Failure to submit a revised plan within this time period will result in the scheduling of a Probable Cause hearing. If you have any questions regarding this letter,please contact me at(970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Trevor Jiricek Environmental Specialist Director Environmental Health Services Environmental Health Services O:\ETCH\WASTE\STROMO\081501fly control inadequate draft.wpd cc: Roger Doak,Colorado Department of Public Health and Environment Julie Chester, Department of Planning Services (email) Lee Morrison, Weld County Attorney's Office (email) Mark E. Wallace, Weld County Health Officer John Moser, StroMo Compost,LLC Tim Smith, StroMo Compost,LLC Hello