Solano County Municipal Code Art. I General (CA)

27-100 Purpose

(a) This Chapter establishes a set of local standards for the design, construction, operation and management, and monitoring of Large Confined Animal Facilities that are to be enforced by the Department of Resource Management, Environmental Health Services Division to protect the public health of the residents and visitors of Solano County and the environment.

(b) These standards do not replace any requirements of Federal or State standards regulating Confined Animal Facilities or Confined Animal Feeding Operations, or relieve the operator of a Large Confined Animal Facility or Large Confined Animal Feeding Operations from complying with requirements of agencies enforcing such standards.

(c) In addition, an applicant and/or operator of a Large Confined Animal Facility shall meet all applicable Solano County Zoning Code and Building Code (including grading) requirements.

27-110 Definition

(a) “Agronomic rate” means an application rate, which matches the nutrient requirements for a specific crop on an annual basis and shall be based on the most limiting nutrient which may create potential environmental degradation or public health concern if it is applied beyond the need of the crop. This includes, but is not limited to, nitrate and phosphate.

(b) “Application area” means usable cropland area, including pasture, for the application of solid and liquid manure being utilized from the retention pond, corral areas, or other animal confinement areas.

(d) “Board” is the Board of Supervisors of Solano County.

(e) “California Comprehensive Nutrient Management Plan (CNMP)” is a grouping of conservation practices and management activities which, when combined into a system, will ensure that both production and environmental goals are achieved. It incorporates practices to utilize animal manure as a beneficial resource rather than a waste. The plan must be approved by the Environmental Health Services Division. It is the intent of this chapter that only one document must be prepared to comply with Federal, State and local environmental requirements. The property owner may be required to conduct groundwater and/or plant tissue monitoring as a condition of approval. The plan must be signed by the property owner and kept on-site.

(f) “Confined animal facilities” are those facilities that meet the definition of Solano County Code Chapter 28, section 28-10.

(g) “Large confined animal facility” is a confined animal facility that meets the minimum thresholds for a given animal sector as described in Table 2.

Table 1

Animal Sector Large CAF Cattle or cow/calf 1,000 or more Mature dairy cow 700 or more Veal calves 1,000 or more Horses 500 or more Sheep or lambs 10,000 or more

(h) “Department” means the Solano County Department of Resource Management.

(i) “Division” means the Solano County Department of Resource Management, Environmental Health Services Division

(j) “Dry manure” means manure that has had sufficient bedding or soil added, or has received sufficient air drying to raise the solids content to where it will stack with little or no seepage. Dry manure is also known as solid manure.

(k) “Facility” shall include any animal confinement area, retention pond, settling basin, wastewater collection, treatment, and recycling system, corrals, milk barn, freestalls, feed storage, mechanical separator or other structures or components of a Large Confined Animal Facility.

(l) “Liquid manure” means manure that by its nature, or after being diluted by water, can be pumped easily.

(m) “Manure” means the fecal and urinary excretion of livestock. This material may also contain bedding, spilled feed, water or soil.

(n) “Pharmaceutical” means any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals.

(o) “Retention pond” means a constructed holding pond for temporary storage of solid and liquid animal manure, prior to cropland application.

(p) “Settling basin” means a structure in which wastewater flow velocity is reduced to permit suspended solids to settle by gravity.

(q) “Silage” means feed preserved by an anaerobic fermentation process.

(r) “Tailwater” means surface water having fallen as rain or flowing through a field as irrigation collected through a series of ditches, pipes and pumping mechanisms for return to a reservoir or other holding structure.

(s) “Tilewater system” means a series of buried perforated pipes designed to remove excess water from soils.

(t) “Treated Wastewater” means wastewater that has been treated substantially in the wastewater treatment system. For example this refers to wastewater that has undergone solids separation and extended settling in a lagoon.

(u) “Wastewater” means water that has been in contact with animal manure. This includes storm drainage water that has been in contact with animal manure.

27-120 Scope and applicability

(a) The standards contained in this Chapter apply to public health and environmental protection requirements for Large Confined Animal Facilities meeting the definition in section 27-110 (g) of this code.

(b) Nothing contained in this Chapter shall be construed to prevent the Environmental Health Services Division from requiring compliance with other requirements, where such other requirements are essential to maintain a safe and sanitary condition.

27-130 Land area and zoning

Confined Animal Facilities must meet all requirements of the Solano County Zoning Code. The Department of Resource Management, Planning Services Division is the agency responsible for enforcing the zoning code. Application to construct or operate a Large Confined Animal Facility shall only be approved by the Environmental Health Services Division after all appropriate zoning approvals and use permits have been obtained.

27-140 Building and grading permit requirements

Nothing contained in this chapter shall be construed to relieve a contractor, applicant or operator from obtaining all required building permits, including grading permits, or building or grading inspections for construction, expansion, or destruction of any portion of a Large Confined Animal Facility from the Department of Resource Management, Building and Safety Services Division.

27-150 Hazardous Material Business Plan

Confined Animal Facilities must file a Hazardous Materials Business Plan with the Department of Resource Management, Environmental Health Services Division if the facility stores or manages hazardous materials in reportable quantities. Application to construct or operate a Large Confined Animal Facility shall only be approved by the Environmental Health Services Division in conjunction with a Hazardous Materials Business Plan if applicable.

27-160 Federal and State Requirements

(a) All Large Confined Animal Facilities shall comply with effluent limitations established by the Federal Clean Water Act and the terms of any applicable National Pollution Discharge Elimination System Permit.

(b) All Large Confined Animal Facilities shall comply to the State requirements contained in the California Code of Regulations, Title 27, Division 2, Chapter 7, Subchapter 2, Article 1, sections 22560-22565 or its revisions and the requirements of the Water Quality Control Plan (Basin Plan) for the Regional Water Quality Control Board having jurisdiction shall be met.

(c) All Large Confined Animal Facilities shall comply with the standards of the Air Quality Management District having jurisdiction. Nothing in this chapter shall prohibit the Environmental Health Services Division from developing a protocol and implementing a program for testing for airborne constituents of concern. Testing of constituents of concern, as determined by the Environmental Health Services Division, shall be funded by the owner or operator of the Large Confined Animal Facility.

27-170 Fees

(a) The fee for each permit issued and the fees for review of operational permits, monitoring, enforcement or other operational aspects of the Large Confined Animal Facility, pursuant to the provisions of this chapter, shall be determined in the amount and payable at the time and method set by the board of supervisors, pursuant to Solano County Code, Chapter 11, section 11- 110.

(b) All reasonable costs of laboratory analysis of water, wastewater, manure (liquid and dry), soil, gas, and/or vegetation samples collected by the Administrative Authority shall be paid by the Large Confined Animal Facility operator.