Keeping Your Dairy from Being in the News
Adapted by Deanne Meyer, Ph.D. Livestock Waste Management Specialist, UC Davis Department of Animal Science
By now, many operators have heard or read about the enforcement actions on dairies this spring in the Central Valley. Pamela Creedon, the Executive Officer for the Central Valley Regional Water Quality Control Board, identified that “These practices (the burial of dead cows) undermine the vast majority of dairy operators in the Central Valley Region who work hard to follow good environmental practices in compliance with the Dairy General Order.”
Expect more inspections. Given the magnitude of the findings from the inspections that resulted in two Cleanup and Abatement Orders, Executive Officer Creedon has charged her staff to conduct hundreds of inspections (from both the Rancho Cordova and Fresno offices) in the coming fiscal year (beginning July 1, 2012). Staff will need to ensure that dairies are correctly documenting mortality management practices, as well as accurately reporting manure and nutrient management in their annual reports and that these annual reports reflect actual activity on operations.
Be prepared for inspections. Staff will schedule inspections to determine compliance of management and the facility with the regulatory process. Anticipate that inspectors will want to review the documentation that you are in fact conducting the required activities associated with the Monitoring and Reporting Program associated with the General Order and maintaining detailed records (maintain records for 5 years). Understanding manure and nutrient management, the Sampling and Analysis Plan, the Nutrient Budget, and how records are kept/maintained will provide comfort to those under-going inspections. Just a reminder, the Monitoring and Reporting program requires that records of mortality management and practices be maintained (Page 9 2.d). Logically, invoices from the renderer will be part of the record keeping process. Inspections are easier for those individuals who maintain current records and understand their record keeping system. The Monitoring and Reporting Program has many requirements and detailed record-keeping is part of complying with the regulatory requirements.
After the inspection you should receive an inspection report (anticipate within 3 months). In some instances the report is merely a summary of the findings of the inspection. Call the Regional Board to obtain a copy of your inspection report if you do not receive a letter within 3 months. You should always know what is in your file at their office. In some instances the inspection report is accompanied by a Notice of Violation (NOV). An NOV is a courtesy report letting the operator know that the facility was not in compliance with the General Order and identifies what needs to occur to fix or modify specific components of the facility to be compliant. There is usually a prescribed timeline that needs to be followed with correspondence back to the Regional Board when actions are complete. If the facility is not back in compliance within the prescribed timeline, formal enforcement may be taken. Under less desirable conditions, the inspection results in a Cleanup and Abatement Order (CAO). This is a very formal process where the Executive Officer signs an Order with specific mandatory requirements. The CAO identifies the operation, spells out the legal and regulatory authority for the action, provides a brief background of the specific facility, and then identifies each violation as well as a series of directives that must be carried out (along with the timeline for completion of these directives). Failure to comply with the CAO typically results in an Administrative Civil Liability Complaint, in which fines are levied. The State Water Resources Control Board established a schedule for fines and there is very little modification that the Regional Board staff can do once non-compliance is documented.
Bottom Line: Spring inspections resulting in Cleanup and Abatement Orders for dairies covered under the General Order of Waste Discharge Requirements (in the Central Valley) will generate increased scrutiny on dairies. The first Order was adopted March 15 and the second Order was adopted June 15. These Orders come with more publicity than the average individual wants in a lifetime. The Regional Board posts all information on their website accompanied by a press release. Included on their website is the press release announcing the adoption of the Order, the Cleanup and Abatement Order, the inspection report and photos from the inspection. Keep current with the monitoring and reporting program and implementation of the General Order to minimize the potential of your facility receiving a Cleanup and Abatement Order.