Jurupa Valley Municipal Code Ch. 6.70 Prohibition of Land Application of Class B Sewage Sludge

The City Council makes the following findings of fact:

(1) On March 20, 2000, the office of the U.S. Inspector General prepared an audit report entitled "Water, Biosolids Management and Enforcement." The objectives of the report were to determine whether (1) EPA oversight of biosolids land application can be made more effective, and whether (2) the Government Performance and Results Act goal for biosolids is appropriate and readily reportable. The report concluded that at the present time the EPA cannot assure the public that current land application practices established in regulations issued by the EPA appearing in 40 CFR 503.1 et seq. are protective of human health and the environment.

(2) One of the senior scientists in the EPA was Dr. David Lewis. Dr. Lewis publicly questioned the EPA's commitment to "good science," after the EPA formulated its regulations in 40 CFR 503.1 et seq. governing the land application of sewage sludge. Dr. Lewis' criticisms of the department led to disciplinary actions which, when challenged under whistleblower protection laws, resulted in the following testimony.

(a) Dr. Rosemarie Russo, Director of the Ecosystems Research Division of EPA's National Exposure Research Laboratory, testified that the EPA failed to conduct research in six (6) areas, including pathogens, i.e. areas that were vitally important to determining the public health risk associated with land application of sludge. She stated that, due to this failure, the sludge rules in 40 CFR 503.1 et seq. were not "scientifically defensible."

(b) Dr. James Smith, a senior environmental engineer for the EPA and a pathogen expert, conceded in his deposition testimony that the 503 sludge rules were never subjected to a vigorous risk assessment based on the harmful health effects which may arise from bacteria in the sludge. He also admitted that Dr. Lewis' concern about "undetected pathogens hiding in the sludge" raised a "significant issue."

(3) The EPA has now requested a review of the risk assessment of land application of biosolids to the National Research Academic Council of the National Academy of Science and Engineering. The National Academy has been tasked by Congress to advise on scientific matters of national scope.

(4) Currently, there are unanswered questions about the safety, environmental effects and propriety of land application of sewage sludge, even when the sludge is applied in accordance with federal, state, and local regulations. Sludge contains heavy metals, pathogenic organisms, chemical pollutants, and synthetic organic compounds, which may pose an unknown degree of risk to public health and the environment. There is currently a lack of adequate scientific understanding concerning the risk that land application of sludge may pose to soils, air, water and to human and plant and animal health. In addition, such application may cause loss of confidence in agricultural products from y the city as well as the potential loss of use of productive agricultural lands. Therefore, with the degree of uncertainty that exists in terms of risk, the continuation if the practice of the land application of sewage sludge may unnecessarily jeopardize the public and the environment. In order to adequately protect the public health and safety and welfare of the city and its residents, it is the intent of this chapter that the land application of sewage sludge shall be prohibited in the city.

This chapter is adopted pursuant to the police power granted to the city by Article XI, Section 7 of the California Constitution. In addition, 40 CFR 503.5, 33 U.S.C.A. 1345(e) and California Water Code Section 13274(i) grant authority to local government 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.

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 is any person engaged in the land application of sludge.

Class B sewage sludge is treated solid, semi-solid or liquid residues generated during the treatment of sewage in a wastewater treatment works that meet 40 CFR Part 503 requirements specified in 503.32(b) for pathogen reduction, 503.33 for vector attraction reduction, and 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. 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.

Land apply 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.

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

A. Any person in violation of this chapter is subject to the procedures and penalties set forth in Title 1.

B. 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.

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