Meta appeals BOPU violation notice, disputes source of bacteria found in wastewater system
CHEYENNE — Meta has appealed a Notice of Violation issued by the Cheyenne Board of Public Utilities, arguing the company and the public have not received enough information about the testing and data used to determine the source of bacteria found in the city’s wastewater system.
The appeal, which was filed Monday and sent to the Wyoming Tribune Eagle via email Wednesday, comes after BOPU identified Goat Systems LLC, a contractor working on Meta’s under-construction data center campus in the High Plains Business Park, as the source of a discharge that introduced Cupriavidus gilardii into the city’s wastewater treatment system. BOPU Engineering and Water Resources Division Manager Frank Strong previously told the WTE that the bacteria was discovered during routine testing in February. He said Goat Systems discharged fill-and-flush water from the data center construction site into the city’s sanitary sewer system, and that the discharged water contained the bacteria.
The WTE attempted to speak to Strong on Wednesday regarding the appeal, but due to the appeal process still being active, Strong said he and other BOPU representatives are unable to speak on the situation.
Meta’s appeal does not argue that the bacteria was not found in the wastewater system. Instead, the company is challenging the findings and requesting additional information from BOPU, including the testing data used to determine the source of the contamination.
“We are seeking review in order to obtain the board’s underlying testing and data, which have not been made available to us or the public, so the facts and cause can be fully and accurately evaluated through the appropriate process,” the email from Francis Brennan, Meta public affairs manager, read.
Meta’s appeal also argues that the Notice of Violation identifies the wrong responsible party. BOPU’s notice names Goat Systems as the responsible entity, but Meta said Fortis Construction Inc., the general contractor for the project, held the Temporary Authorization to Discharge.
“This is a question of which entity held the permit, not a suggestion that any party acted improperly,” the email reads. “We value our partnerships with both contractors and are simply seeking to have the record reflect the correct permit holder.”
BOPU previously directed both its verbal cease-discharge order and written revocation letter to Fortis, according to the email.
Disagreement over testing and source
Meta said its contractor immediately stopped discharging wastewater after BOPU identified the issue and began hauling wastewater offsite.
The WTE was unable to reach Fortis officials to ask for information about the offsite location.
“Subsequent independent, third-party testing — including at least one test conducted in conjunction with the Board of Public Utilities — detected no bacteria,” read a statement from a Meta spokesperson included in the email. “However, the board has not shared all of its underlying testing data or other information with Meta, our contractor or the public.”
The email states Fortis hired an outside consultant to conduct four rounds of testing across discharge samples, passivation water, source water, stagnant water from uncleaned systems and samples with added dirt.
In its appeal, Meta asserts that neither its on-site testing, nor testing by its third-party water vendor, detected the bacteria at the construction site.
Meta’s appeal also raises questions about whether proper quality assurance and quality control procedures were followed during BOPU’s sample collection and analysis, and whether possible intervening causes, such as contaminated sampling equipment, were considered.
Reclaimed water system temporarily suspended
The bacteria discovery led the BOPU to temporarily suspend Cheyenne’s reclaimed water irrigation program, permanently terminate the data center’s discharge privileges, and adopt a new policy prohibiting wastewater discharges from data centers using closed-loop cooling systems and conducting fill-and-flush operations.
BOPU officials have emphasized that the incident did not affect the city’s drinking water system.
The bacteria affected Cheyenne’s reclaimed water system, which uses treated wastewater for irrigation at city parks, golf courses and other public spaces.
“The concern we have with our reuse system is we put it into aerosol, where we spray it onto the grass, and that increases the potential for health issues,” Strong previously told the WTE.
According to BOPU, Cupriavidus gilardii is naturally occurring and commonly found in soil and groundwater environments. While it is generally harmless, it can occasionally act as an opportunistic pathogen, primarily affecting people with weakened immune systems.
BOPU officials said testing has since found no remaining bacteria at either of the city’s wastewater treatment plants, and reclaimed water irrigation has resumed.
Strong said some bacteria passed through the treatment process and entered Crow Creek, but officials believe the public health risk is low because the bacteria is naturally occurring, and exposure to the creek is different from exposure through irrigation spray.
Meta highlights water efforts in Cheyenne
In its email, Meta said it remains committed to working with the Cheyenne community and supporting local water resources.
“We are committed to being a good neighbor in Cheyenne, which includes helping care for the local watershed,” reads the company’s statement included in the email.
The company highlighted its partnership with the Laramie County Conservation District to help restore Crow Creek, as well as its funding of stormwater filtration devices near the data center through a partnership with the city and Casper-based Frog Creek Partners.
The Meta data center in Cheyenne represents an investment of more than $800 million and supports approximately 100 permanent jobs, according to the email. More than 1,000 construction workers were on site at peak construction.
Meta said its appeal is intended to ensure the public has access to complete information about the incident.
“It is important that the community has all the information about what happened,” the email reads.
BOPU officials previously said they are processing additional records requests related to the incident through the agency’s legal department as well as compiling a document that they say should answer questions presented by members of the media and the public.
This story was published on July 16, 2026.
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