Kings County Municipal Code Ch. 14B Regulation of the Land Application of Sewage Sludge

Footnotes:

--- (1) ---

Editor's note— Ord. No. 592, § 3, adopted Jan. 9, 2001, effective Jan. 6, 2006, amended Ch. 14B in its entirety to read as set out herein. Former Ch. 14B pertained to similar subject matter and derived from Ord. No. 592, § 2, adopted Jan. 9, 2001.

It is the purpose and intent of this chapter to prohibit the agricultural land application of sewage sludge in the unincorporated territory of Kings County in order to protect the public health, safety and welfare, ground and surface waters, agricultural markets, and sensitive wetland and habitat areas. To protect critical groundwater basins and food production areas, this chapter provides local control and assures the safe land application practices of only the safest category of sewage sludge will be land applied in Kings County. To the extent that this chapter allows the land application of EQ-compost, it is not intended to take the place of standards imposed upon the land application of sewage sludge by state law and by the applicable rules, regulations, orders and requirements of the state water resources control board and the California Regional Water Quality Control Board.

It is not the intent of this chapter to regulate the land application of EQ-compost.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

This chapter is adopted pursuant to the police power of Kings County as set forth in Article XI, Section 7, of the California Constitution. In addition, 40 CFR Part 503 recognizes the authority of local government to impose more stringent requirements on the use or disposal of sewage sludge in order to protect public health and the environment from any adverse effect from sewage sludge.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

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

Active compost means compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition, and is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake.

Applicator means any person, company, organization, or other legal entity engaged, or about to become engaged, in the use of sewage sludge as a soil amendment or as a fertilizer.

Class A sewage sludge means sewage sludge meeting the pathogen reduction standards set forth in 40 CFR Part 503, Section 503.32(a), one of the vector attraction reduction standards set forth in 40 CFR Part 503, Section 503.33, and the ceiling concentration limits contained in 40 CFR Part 503, Section 503.13, Table 1.

Class B sewage sludge means sewage sludge meeting the pathogen reduction standards set forth in 40 CFR Part 503, Section 503.32(b), one of the vector attraction reduction standards set forth in 40 CFR Part 503, Section 503.33, and the ceiling concentration limits contained in 40 CFR Part 503, Section 503.13, Table 1.

Compost means the product resulting from the controlled biological decomposition of organic materials which may include sewage sludge. Facilities where compost is produced are required to obtain solid waste facilities and conditional use permits as a condition of operation. Compost products are required to meet or exceed product quality criteria as established by the California Integrated Waste Management Board.

County means the County of Kings, State of California.

Department means the Kings County Agricultural Commissioner's Office or an authorized representative of the Kings County Agricultural Commissioner's Office.

EQ-compost means an organic, composted material containing sewage sludge which meets the ceiling concentration standards set forth in 40 CFR Section 503.13(b)(1), the pollutant concentration standards set forth in 40 CFR Section 503.13(b)(3), one of the class A pathogen reduction alternatives set forth in 40 CFR section 503.32(a), and one of the vector attraction reduction options set forth in 40 CFR Sections 503.33(b)(1)—(8), and which has undergone the process to further reduce pathogens, as described in Section 17868.3 of Title 14 of the California Code of Regulations, and has reached a stage of reduced biological activity as indicated by reduced temperature and rate of respiration below that of active compost, as defined herein.

Exceptional quality sewage sludge means sewage sludge which meets the ceiling concentration standards set forth in 40 CFR Section 503.13(b)(1), the pollutant concentration standards set forth in 40 CFR Section 503.13(b)(3), one of the class A pathogen reduction alternatives set forth in 40 CFR Section 503.32(a), and one of the vector attraction reduction options set forth in 40 CFR Sections 503.33(b)(1)—(8).

Generator means a person who generates sewage sludge during the treatment of domestic sewage in a treatment works or a person who derives a material from sewage sludge.

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

Land owner means the owner or owners of the land upon which the sewage sludge is proposed to be applied or is being applied.

Part 503 means the federal regulations for the use or disposal of sewage sludge found in Part 503 of Title 40 of the Code of Federal Regulations.

Person means any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, city, county, district, special district, local government agency or other political subdivision, or any other group or combination acting as a unit.

Sewage sludge means the solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed or used during primary, secondary or advanced wastewater treatment processes, and any material derived from sewage sludge. Sewage sludge includes, but is not limited to, class A sewage sludge, class B sewage sludge, exceptional quality sewage sludge and sewage sludge which does not meet the standards set forth in Part 503 for class A, class B or exceptional quality sewage sludge. For the purposes of this chapter, the term "sewage sludge" does not include exceptional quality sewage sludge. Sewage sludge does not include grit or screening material generated during preliminary treatment of domestic sewage at a municipal wastewater treatment facility or ash generated by the firing of sewage sludge in an incinerator, and it does not include treated liquid effluent which is discharged to land for disposal or for beneficial reuse from a privately or publicly owned treatment works under the authority of, and pursuant to the terms of, waste discharge requirements adopted by the regional water quality control board for that treatment works, or under the authority of a waiver of said requirements. For the purposes of this chapter, the term "sewage sludge" does not include EQ-compost, as defined herein.

Site means the area of land covered by a permit issued under former chapter 14B.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

(a) It shall be unlawful for any person to land apply sewage sludge to property within the unincorporated area of the county. Any land applicator permitted to land apply sewage sludge under the provisions of former chapter 14B shall discontinue land application of sewage sludge upon the effective date of this new chapter 14B, unless otherwise provided pursuant to provisions of section 14B-5 below.

(b) The discharge of sewage sludge to surface waters or surface water drainage courses, including wetlands and water ways, is prohibited.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

(a) Any person who has installed or constructed permanent improvements related to the land application of sewage sludge where the useful life of the improvements would extend beyond the effective date of this chapter may request, and the board of supervisors may grant, additional time for the discontinuance of the land application of sewage sludge commensurate with the remaining useful life of the improvements.

(b) Any request shall be made by filing a written request for a hearing before the board of supervisors with the clerk of the board no later than the 120th day prior to the effective date of this chapter. Upon receipt of a written request for a hearing, the clerk of the board shall set the matter for public hearing on a date not more than 60 calendar days following receipt of such written request, and shall give the applicant, interested parties and the board of supervisors at least 30 calendar days written notice of the time, date, and place of the hearing. After the hearing, the board of supervisors, shall issue its written decision and findings on the appeal within 30 calendar days after the close of the hearing.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

The department is authorized to enforce the provisions of this chapter. The department shall issue an annual report to the board of supervisors relating to the implementation of the sewage sludge program.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor and is subject to the penalties set forth in section 1-16 of the Kings County Code.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

Any violation of this chapter may be deemed to be a public nuisance, and any such violation may be abated or enjoined by the department, irrespective of any other remedy herein provided. Any action to abate or enjoin violations of this chapter may be maintained against the generator, the land owner, the applicator and any person or persons leasing the site.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)

If any clause, provision, sentence, or paragraph of this chapter, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not effect the other provisions of this chapter which shall still remain in effect, and to its end, it is hereby declared that the provisions of this chapter are severable.

(Ord. No. 592, § 3, 1-9-01, eff. 1-9-06)