Banning Municipal Code Ch. 8.70 Burning, Thermal Conversion, or Partial Thermal Conversion of Sewage…

It shall be unlawful to burn, incinerate or utilize any process which will convert any untreated or treated sewage sludge or bio-solids of any classification, partially or totally, into ash, within the city of Banning, California. Such sewage sludge or bio-solid burning treatment processes include, but are not necessarily limited to: incineration, destructive distillation, thermal oxidation, thermal destruction, pyrolysis, fluidized bed heating, plasma arc oxidation, adding other fuel components to the sewage sludge or bio-solids, or heating of the sewage sludge or bio-solids by an external source. Composting shall not be affected by this ordinance. No Banning government agency, Banning governmental body or Banning governmental contractor, shall authorize any of the above activities. Should any part of this chapter be found unconstitutional, the other provisions of this chapter shall remain in full force and effect.

(Ord. No. 1410, 8-25-09)

Bio-solids. Bio-solids are defined, for this chapter, as sewage sludge that has been treated and tested and shown to be capable of being beneficially and legally used as a soil amendment for agriculture, silviculture, horticulture and land reclamation activities.

Burn or burning. Burn or burning, for purposes of this chapter, means the process of setting on fire, or causing combustion, or any other process which reduces sewage sludge to ash.

Composting. Composting is defined, for this chapter, as the decaying of vegetable matter or manure by aerobic bacteria and other organisms, to produce solid additives.

Incinerate. To cause to burn into ashes.

Sewage sludge. For the purpose of this chapter, sludge and sewage sludge are synonymous. Sewage sludge (or sludge) shall include all governmental classes of sewage sludge. Sewage sludge is defined as treated or untreated solid or semi-solid residues generated as the result of the treatment of sewage. These residues include scum and solids removed in primary, secondary or advanced wastewater treatment processes. Sewage sludge includes the solid matter that settles to the bottom during wastewater treatment plant sedimentation processes.

(Ord. No. 1410, 8-25-09)

Any person, or entity, violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than one thousand dollars for each day a violation occurs. Every subsequent violation of this chapter shall be construed as a separate offense, and each day during which such subsequent violation continues, shall also be punishable, by a fine of not more than one thousand dollars. Any violation of this chapter shall also result in the forfeiture of all city permits (i.e., use permits) that have been issued to said person or entity, for the site that has been utilized for the activities proscribed in this chapter.

(Ord. No. 1410, 8-25-09)