Solano County Municipal Code Art. II Plan Approval

27-200 Plan approval application

In addition to any application to the Solano County Building and Safety Services Division and Planning Services Division, application to construct or expand a Large Confined Animal Facility shall also be made to the Environmental Health Services Division on forms approved by it. A permit to construct or expand a Large Confined Animal Facility shall only be issued when the permit application has been approved and meets all requirements of these standards and all other applicable permits issued by the Solano County Building and Safety Services Division and Planning Division have been approved. Permits are non-transferable. No amendments to an issued permit or approved plans shall be made without prior written approval of the Environmental Health Services Division. Approved amendments shall be deemed part of the original permit or approved plans.

27-210 Complete application

Prior to the review of any application for a Large Confined Animal Facility by the Environmental Health Services Division, the operator shall submit a complete application package. A complete application package shall include the following components:

(a) Completed application form provided by the Environmental Health Services Division to construct or expand a Large Confined Animal Facility along with any application or permit fee;

(b) Comprehensive Nutrient Management Plan pursuant to section 27-400;

(c) Detailed plans and calculations demonstrating that any new construction or expansion is in compliance with this chapter;

(d) Supporting documentation demonstrating compliance with this chapter. Such documentation shall include, but not be limited to:

(1) Manure, odor and vector management plans;

(2) Groundwater monitoring plan;

(3) Retention pond and/or settling basin maintenance plan if such ponds and/or basins are used in the wastewater management system for the facility;

(4) Financial assurances plan pursuant to section 27-240;

(e) Operational Permit application including any application and permit fee;

(f) Designation of the facility compliance officer pursuant to section 27-430.

27-220 Plan approval

(a) The Environmental Health Services Division shall approve, conditionally approve, or deny the application, and issue or withhold plan approval accordingly, on the basis of compliance with this chapter. Plan approval from the Environmental Health Services Division shall be issued concurrently with any approvals required by the Building and Safety Services Division and after approval from the Planning Services Division. No plan shall be approved by the Environmental Health Services Division until the Air Quality Management District and Regional Water Quality Control Board having jurisdiction issue the appropriate approvals for the Large Confined Animal Facility.

(b) No one shall install a Large Confined Animal Facility without first obtaining plan approval from the Environmental Health Services Division. Additionally, no one shall replace, expand, modify, or destroy any portion of a Large Confined Animal Facility such that there is the potential to impact the wastewater treatment system, approved Comprehensive Nutrient Management Plan or increase the potential for odor or vector nuisance or environmental impact without first obtaining plan approval from the Environmental Health Services Division. The intent of this paragraph is to capture activities in the permitting process that will result in a potential risk to public health or the environment.

(c) No operator, contractor, property owner, or person shall violate or fail to comply with any plan approval condition imposed pursuant to these standards.

(d) Only work specifically authorized by the plan approval may be performed. The operator shall retain a copy of the approved plans on the facility grounds while the Large Confined Animal Facility remains in operation.

27-230 Length of validity and renewal of the plan approval

Plan approval issued by the Environmental Health Services Division shall be valid for two years from the date of issuance unless the facility is constructed. Prior to expiration, plan approvals for facilities that have not been constructed may be renewed by the Environmental Health Services Division upon payment of the required fee and satisfaction of required conditions. The work authorized by the plan approval must meet all the provisions of these standards, or its latest revision, and applicable Zoning and Building Code requirements in order for the plan approval to be renewed.

27-240 Financial assurances

Prior to obtaining plan approval from the Environmental Health Services Division for a Large Confined Animal Facility, the owner shall prove financial responsibility for closure and corrective action. Financial responsibility is proven by providing evidence of adequate resources in the form of cash, surety bonds, an irrevocable letter of credit or insurance. The intent of this section is to provide a financial mechanism to cover the costs of closure or corrective action in the case that the owner of a Large Confined Animal Facility is either unwilling or unable to perform a required activity.

(a) Closure: The owner or operator shall demonstrate financial responsibility to the Environmental Health Services Division for closure in at least the amount of the current closure cost estimate prepared by a licensed civil engineer. For the purposes of this section closure means the removal of all manure, waste products, feed, silage, animals, hazardous materials or other products and substances that have the potential to impact the environment or public health as determined by the Environmental Health Services Division.

(b) Corrective Action: The owner or operator shall demonstrate financial responsibility to the Environmental Health Services Division for corrective action associated with a release to the environment that results in the degradation of surface or groundwater as determined by the Environmental Health Services Division or the Regional Water Quality Control Board. The minimum amount of financial responsibility for corrective action is $1,000,000.00.

27-250 Security

Prior to beginning operation of a Large Confined Animal Facility, the owner shall prepare and initiate a security plan in consultation with a veterinarian. The security plan shall be maintained on the facility property and be available for inspection and review by Environmental Health Services Division staff at all times. The security plan shall contain at least the following components.

(a) Site access. A policy and procedure for controlling the perimeter of the property including warning signs, vehicle routes and precautions for visitors and service personnel.

(b) Feed and water. A policy and procedure for ensuring that feed meets the FDA’s requirements for disease prevention and be protected from adulteration or contamination.

(c) Chemical storage. A policy and procedure for listing and indicating the types and quantities of chemicals and that chemicals are stored in a secure location and away from animals and feed.

(d) Mortality management. A policy and procedure describing how pickup sites and equipment shall be isolated so that contamination of feed, water or the herd do not occur.

(e) Disease prevention. A policy and procedure detailing precautions and measures used at the site to prevent the spread of disease, the management of infected animals and a description of training programs for employees and visitors.

(f) Animal tracking. A policy and procedure detailing how individual animals will be tracked. This includes locations on-site as well as off-site destinations.