Residents, DPNR and farm counsel clash over alleged runoff at Prosperity Farm; committee seeks lab data

At a lengthy Senate committee hearing on Bill 36‑0211, testimony about water quality and alleged discharges from Prosperity Farm dominated public comment and lawmakers’ questions.

Alice Charles of People Protecting Places presented aerial photographs she said show concentrated dark runoff on Prosperity Farm that crosses a culvert and continues to Pemberton’s Land and Rainbow Beach. "I have proof from an aerial photo... it's generated right there on the property," Charles told the committee, asking for immediate enforcement and clearer statutory protections.

DPNR Commissioner Champier Oriole acknowledged community concern and described the department’s monitoring and investigative process. Oriole confirmed weekly beach water quality testing is posted publicly and said DPNR will sample standing water to look for vinasse or other contaminants. "We test it every single week to make sure it's safe for swimming for our residents," Oriole said.

Attorney Kevin Reams, counsel for Prosperity Farm, and other proponents urged caution about drawing definitive conclusions without chain‑of‑custody testing and formal findings. Reams told the committee there has been "one finding" of elevated enterococci offshore but said, "There has never been a finding that vanasse has left that property." He urged the legislature to clarify competing statutory language so businesses have certainty rather than rely on ad hoc enforcement.

Technical discussion: witnesses and DPNR staff described vinasse/stillage as a high‑biochemical oxygen demand byproduct of fermentation and distillation. DPNR and an expert witness referenced research showing vinasse can have elevated BOD and low pH if discharged untreated, but they also noted modern treatments and fertigation reuse methods can mitigate impacts when properly managed. Master distiller Vanessa Braxton said craft distilleries commonly use holding tanks and filtration and that treatment or reuse systems exist; she described an 800‑gallon holding tank at her facility and third‑party filtration options.

What the committee asked for: senators directed DPNR to provide the lab results and associated datasets referenced in testimony and encouraged the department to perform targeted tests of standing water on and near the properties in question. The committee said it will factor those datasets into amendments to Bill 36‑0211 that would codify pretreatment, storage and disposal requirements, reporting, and enforcement mechanisms.

Status: The committee held Bill 36‑0211 for redrafting and requested follow‑up technical information from DPNR; the dispute about the definitive source(s) of the dark runoff remains unresolved in the hearing record pending agency datasets and possible further investigation.