Eastvale Municipal Code Ch. 16.129 Prohibition of Land Application of Class B Sewage Sludge

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State Law reference— Authority of a local government to regulate the application of sewage sludge and other biological solids to land within the jurisdiction of that local government, Water Code § 13274.

This chapter is adopted pursuant to the police power granted to municipalities by article XI, section 7 of the California Constitution. In addition, 40 CFR 503.5, 33 USCA 1345(e) and California Water Code § 13274(i) grant authority to local governments to impose more stringent requirements on the use, disposal and land application of sewage sludge in order to protect public health and the environment from the adverse effect of such sludge.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applier means any person engaged in the land application of sludge.

Class B sewage sludge.

(1) The term "class B sewage sludge" means treated solid, semisolid or liquid residues generated during the treatment of sewage in a wastewater treatment works that meet 40 CFR part 503, requirements specified in:

a. Section 503.32(b) for pathogen reduction;

b. Section 503.33 for vector attraction reduction; and

c. Section 503.13, table 1 for pollutant concentrations.

These residues include, but are not limited to, scum or solids removed in primary, secondary or advanced wastewater treatment processes and material derived from sewage sludge.

(2) The term "sludge" does not include ash generated during the firing of sewage sludge in a sewage incinerator or grit and screenings generated during preliminary treatment of sewage. The term "sludge," as used in this chapter, excludes biosolid products that are in a bag or container packaged for routine retail sales through regular retail outlets which are primarily used for residential landscaping.

County means the County of Riverside, State of California.

Land application means the spraying or spreading of sludge onto the land surface, the injection of sludge below the surface or the incorporation of sludge into the soil so that it can either condition the soil or fertilize crops or vegetation grown in the soil.

Person means an individual, firm, partnership, joint venture, association, corporation, company, limited liability company, estate, trust, receiver, syndicate, city, county, district, special district, wastewater treatment facility, political subdivision or any other group or combination acting as a unit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Effective November 25, 2001, it is unlawful for any person to land apply class B sewage sludge to any land within the incorporated areas of the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than $1,000.00 or by confinement in the county jail for up to six months or both. Every violation of this chapter shall be construed as a separate offense for each day during which such violation continues and shall be punishable as provided in this section. The court or the city may require the violator to clean up, at the violator's expense, any illegally applied or deposited sludge material and dispose of all such materials in an approved, environmentally safe and clean manner.

(b) The procedures, remedies and penalties for violation of this section and for recovery of costs related to enforcement are provided for in the general penalties described in the general provisions title of the Eastvale Municipal Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

In addition, any violation of this chapter is deemed to be a public nuisance and may be abated or enjoined by the health officer or designee irrespective of any other remedy hereinabove provided.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)