Article 11 — LANDSPREADING OF SLUDGE

§ 33.08170 Purpose. (a) This Article is to prevent public health hazards, surface and ground water pollution, and contamination of food-chain products by improper landspreading of sludges. Sludges may contain heavy metals, pathogenic organisms, and chemical pollutants and heretofore have not been regulated other than by “guidelines” prepared by the State Department of Health Services. To prevent large importations of sludges to critical ground water basins and food production areas, this Article provides local control and assures that safe landspreading practices will be observed. (b) This Board designates the Department of Environmental Health Services (DEHS) of the County of San Bernardino as the enforcement authority for purposes of this Article within this jurisdiction. (Ord. 3260, passed - -1988) § 33.08171 Definitions. The following definitions shall be applicable to the provisions in this Article. DAIRY. Any place or premises upon which milk or milk products are produced for sale or distribution and where more than two cows or six goats are in location. HYDROGEOLOGIC REPORT. A report submitted to satisfy the requirements of this Article and shall comply with minimum standards set forth by this Code. INSTITUTIONS. As used in the Article shall be those permanent facilities such as schools, hospitals, day care centers, convalescent care centers, religious, fraternal, recreational facilities and related places where substantial groups of people could be impacted by obnoxious odors and airborne microorganisms or chemicals from landspreading. LANDSPREADING. The use or disposal of sludge within six inches of the land surface, or, in the case of land used for production of agricultural food-chain crops, within three feet of the land surface. PUBLIC WATER SUPPLY WATER WELL. A water well used to supply water for domestic purposes in systems supplying domestic water to users and shall include noncommunity water systems and state small water systems. Such wells are variously referred to as municipal wells, city wells or community water supply wells. SLUDGE. Any solid, semisolid, or liquid waste containing human fecal matter and/or other high concentrations of putrescible organic material, generated from a municipal or community sewage treatment plant, industrial process, or septic system. SLUDGE does not include sewage effluent or, for the purposes of this Article, commercially bagged sludge products intended for home landscaping use. (Ord. 3260, passed - -1988) § 33.08172 Approvals. It shall be unlawful for any person to landspread sludge whether for purposes of fertilizing or amending soils or for disposal of the sludge without first applying for and obtaining approval from the DEHS. (Ord. 3260, passed - -1988) § 33.08173 Filing for Department Approval. Each applicant shall complete an application form prepared by the DEHS for landspreading of sludge and file that application, including the fee required by §§ 16.0213B et seq. of this Code, with the DEHS. Landspreading shall not commence until DEHS issues written approval for that application. (Ord. 3260, passed - -1988) § 33.08174 Application Form. The DEHS application form shall include the following: (a) Name and address of the owner(s) and manager(s) of the entity making application including any “doing business as (DBA),” fictitious name(s), or corporate name(s); (b) Property owner, address, Assessor’s Parcel Number, location of the property where the landspreading is proposed; (c) Name, address, and written approval (signed contract) of property owner(s) where landspreading is proposed; (d) Name and address of contiguous property owners where the landspreading operation is proposed; (e) Verification that all standards are met as set forth in § 33.08175 of this Code; (f) Any other supplemental information reasonably required by the DEHS at the time of submission relevant to the particular circumstances stated in the application. (Ord. 3260, passed - -1988) § 33.08175 Standards. The following standards shall be considered as minimum requirements to be met when the DEHS reviews for approval a landspreading proposal. The DEHS may with cause increase these minimum standards for the protection of the public health and surface and ground water resources. These standards are: (a) Filing of an analysis of the sludge, not more than one year old, prepared by a qualified California Department of Health Services Certified Laboratory which lists concentrations of all heavy metals of concern, including cadmium, copper, nickel, lead, chromium and zinc, nitrogen content (total Kjeldahl nitrogen and ammonium), selected organic compounds, pH, solids content, and any other

constituents as determined by the DEHS at the time of application submission. The applicant shall certify that the sample of sludge tested for the analysis mentioned here was a composite sample of the type of sludge, and a true sample of the sludge, that will be handled under the applied-for approval; (b) Certification by the applicant that the following minimum separations from the landspreading shall be met: (1) Operating dairy with lactating cattle: one-half mile. (2) Any public water supply well: one-half mile. (3) Any residence(s) other than that of the property owner: 500 feet. (4) Any institution: 500 feet. (5) Any live stream, lake or surface impoundment: one-half mile. (6) Produce farms, vegetables, fruits and other crops for human consumption: 500 feet. (c) Statement by the property owner as to whether any application of sludge has been made to the property proposed for landspreading within the past ten years. If yes, then a current analysis of the soil and/or plant growth from the proposed landspreading area as directed by the DEHS; (d) Copy of the most recent National Pollution Discharge Elimination System (NPDES) or waste discharge requirements (WDR) permit from the California Regional Water Quality Control Board with jurisdiction for the facility(ies) and discharges approving the sludge to be landspread; (e) The proposed rate in tons per acre at which the landspreading is to be made; (f) The material(s) which may be mixed with the sludge before, during, or after landspreading and in what proportions. The Department of Environmental Health Services may make requirements for additional information concerning content, storage, and handling of such materials as it shall deem necessary; (g) A hydrogeologic report certificated by a California registered engineer or certified engineering geologist qualified under the California Business and Professional Code for preparation of such a report that the application of the sludge to include any additives does not violate current Federal, State, or local standards or guidelines. Required items shall include: (1) Depth(s) to ground water (present and historic); (2) Ambient ground water quality; (3) Information concerning perennial stream(s), lake(s), or surface impoundments within one-half mile of the proposed landspreading site and the anticipated impact to water resources resulting from the proposed landspreading operation; (4) Other requirements may be made by DEHS at the time of application submission. (Ord. 3260, passed - -1988) § 33.08176 Substitute Standards. Where the appropriate California Regional Water Quality Control Board with jurisdiction at the point of discharge has issued either a NPDES or WDR permit with requirements equal to or greater than those of this Code, DEHS may, upon receipt of such verification from that Board’s executive officer that the standards are met, waive the requirement for DEHS application review. (Ord. 3260, passed - -1988) § 33.08177 Violations, Remedies, and Penalties. It shall be unlawful for any person or entity to violate any provision of this Article. Violations of this Article shall be misdemeanors. All other administration, enforcement, remedies, and penalties as to this Article shall generally proceed as is set forth in Chapters 1, 2, and 3 of this County Code, and otherwise as provided by law including § 33.0107 (Interference unlawful/criminal penalties for) of Chapter 1. (Ord. 3260, passed - -1988) § 33.08178 (Reserved). § 33.08179 (Reserved).