Article 8 — STORAGE OF MANURE AND COMMERCIAL FERTILIZER OPERATIONS (CFO)

§ 33.08141 Statement of Purpose and Authority. This Article provides minimum standards for the storage of manure and commercial fertilizer operations (CFO), to protect the public health and safety. Pursuant to the authority cited in Chapter 1 of this Environmental Health Code (E.H. Code), Administrative Code §§ 17200 et seq. (Solid Waste Management Standards), and other applicable State law, this Board/Council authorizes the Department of Environmental Health Services (DEHS) of the County of San Bernardino to administer the provisions of this Article within this jurisdiction. (Ord. 3105, passed - -1986) § 33.08142 Definitions. Definitions herein shall supplement all definitions in Chapters 1 and 3 of Division 3 of Title 3 of the San Bernardino County Code. COMMERCIAL FERTILIZER OPERATION (CFO). The storage, stockpiling, drying, mechanical processing, packing or stacking of manure in substantial quantities. MANURE. Animal excrement or livestock excreta. MANURE does not include waste (“paunch”) from the alimentary canal of cows, horses, sheep, goats, pigs or other animals. (Ord. 3105, passed - -1986) § 33.08143 Prohibition of Manure Storage Upon the Premises Where Manure is Produced. No person shall store manure in piles, stacks or heaps, for more than 120 days unless prior written approval is obtained from DEHS. Requests for time extension shall be made in writing to DEHS and state why an extended period is necessary and the number of days requested. In responding to such requests, DEHS shall balance the potential hardship to the public and neighboring properties in granting an extension, with the potential hardship to the petitioner in complying with the 120 day rule. (Ord. 3105, passed - -1986) § 33.08144 Permits Required for CFO. No person shall construct, own or operate a commercial fertilizer operation (CFO) without first obtaining written approval from the Office of Planning of this jurisdiction, other appropriate permits from regulatory agencies, DEHS, and paying fees to DEHS as set forth in the San Bernardino County Code Schedule of Fees. (Ord. 3105, passed - -1986) § 33.08145 Enforcement Activities. Enforcement activities shall generally proceed as set forth in Chapters 1, 2, and 3 of this E.H. Code, and relevant State law pertaining to manure storage and CFO. (Ord. 3105, passed - -1986) § 33.08146 Construction and Operational Requirements. The following shall be provided and made conditions of each CFO permit issued by DEHS: (a) Completed and detailed plans showing CFO contours at two foot elevations shall be submitted with each application showing all details of the storage and/or processing operations incorporating all items required by this Section. (b) All CFO driveways and employee parking areas shall be adequately dust proofed. (c) There shall be no manufacturing or chemical additives on the CFO premises. (d) Inorganic chemical additives shall be limited to ten percent of the total CFO raw material inventory. (e) The CFO installation and operation shall comply with the rules, regulations and orders of all appropriate regulatory agencies including Air Pollution Control Districts and the Regional Water Quality Control Boards. (f) The CFO stockpiling area shall be enclosed by a six foot high chain link fence which will be screened, planted with globular eucalyptus or similar plant material, on six foot centers; or equivalent upon review and approval by DEHS and the Office of Planning for this jurisdiction. (g) Except for the stockpiling of raw materials, all CFO operations including: screening, grinding, mixing, adding, and sacking shall be confined wholly inside a building. (h) All CFO stockpiling areas shall confine their rainstorm runoff waters so they do not drain onto adjoining properties. (i) CFO stockpiling shall be shaped to one-to-four minimum slope to minimize the area subject to rainfall. (j) Appropriate facilities shall be installed to collect or divert drainage from surrounding lands, away from the stockpile areas. (k) CFO stockpiles shall be at least 150 feet from the front street centerline and 35 feet from side and rear property lines. (l) CFO stockpiles shall not exceed a height of 25 feet. DEHS may require a lesser height so that the stockpile will not cause a nuisance to neighboring properties. (m) CFO stockpiles and/or processing of manure shall not occur within 150 feet of a milking barn or milk house of a producer dairy, or a dwelling on adjoining property. DEHS may require greater distances upon determining the direction and magnitude of prevailing winds at the site. (n) Noise levels from the CFO shall not exceed local ambient levels found in general agricultural uses, to adjoining occupied residences. (o) Vehicles carrying CFO materials shall be adequately covered to confine the contents and prevent materials from being windblown or otherwise scattered. (p) No public nuisance shall occur as a result of the CFO. DEHS shall abate all CFO dust, odor, noise, attracting or breeding of flies or other vermin, and other public nuisances as set forth in Chapter 3 (Public Nuisance Abatement) of this E.H. Code. (Ord. 3105, passed - -1986) § 33.08147 Administration, Enforcement, Remedies, and Penalties. It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement, remedies, and penalties of this Article shall generally proceed as is set forth in Chapters 1, 2, and 3 of this E.H. Code, and be in addition to all others provided by law. (Ord. 3105, passed - -1986)