Sutter County Municipal Code Ch. 715 Permit Requirement for Land Application of Biosolids; Prohibition on Land…

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Editor's note— Ord. No. 1714, § 1, adopted December 19, 2023, repealed the former Chapter 715, §§ 715-010—715-070, and enacted a new Chapter 715 as set out herein. The former Chapter 715 pertained to application of sewage sludge and nonhazardous ash to agricultural land and derived from Ord. 1272, Sec. 1; Sept. 22, 1998.

It is the purpose and intent of this chapter to regulate the agricultural land application of biosolids and ash on unincorporated areas of Sutter County. Biosolids and ash may contain heavy metals, pathogenic organisms, and chemical pollutants. Applying biosolids and ash on agricultural lands could pose a risk to the environment; to human and animal health; and, if it adversely affected the marketability of agricultural products, to the economy of Sutter County. This chapter provides local control and assures that safe land-spreading practices of biosolids and ash will be observed.

(Ord. No. 1714, § 1, 12-19-2023)

For purposes of this chapter:

A. "Agronomic rate" means a rate at which biosolids or nonhazardous ash applications do not exceed nitrogen fertilizer rates for the crop to be grown and do not result in phytotoxicity (accumulation of heavy metals and/or nutrients adverse to normal vegetative growth).

B. "Applicator" means any person, company, organization, or other legal entity engaged, or about to become engaged with the placement of biosolids or nonhazardous ash on land at a controlled rate for the purpose of reusing biosolids or nonhazardous ash and enhancing the growth of plants in accordance with the provisions of this chapter.

C. "Biosolids" shall have the same meaning as "sewage sludge" as defined in Title 40, Code of Federal Regulations, part 503, Section 503.9 or its revisions.

D. "Class A biosolids" means biosolids meeting the Class A pathogen reduction requirements listed in 40 CFR, Part 503, Section 503.32 or its revisions.

E. "Class B biosolids" means biosolids meeting the Class B pathogen reduction requirements listed in 40 CFR, Part 503, Section 503.32 or its revisions.

F. "County" means the county of Sutter, state of California.

G. "Department" means the Environmental Health Division of the Development Services Department of the County of Sutter.

H. "Field" means a discrete, discernable, and identifiable individual piece of land used for crop production.

I. "Floodway" means a channel for floodwater as determined by the Reclamation Board of the state of California or by the Federal Emergency Management Agency.

J. "Food crops" means those crops consumed by humans.

K. "Grower" means the operator of the site involved in production of agricultural crops.

L. "Irrigation Tail Water" means the excess water applied to a field that does not infiltrate the soil, but collects or runs off at the lower end of a field.

M. "Land Application" and "to apply" mean:

1. To spray or spread a substance on to the surface of land;

2. To inject a substance below the surface of land; or

3. To incorporate a substance into the soil.

N. "Nonhazardous ash" means:

1. Nonhazardous product or residue from the combustion of matter; or

2. Hazardous product or residue from the combustion of matter, if it can be managed as a nonhazardous waste.

Waste shall be classified as hazardous or nonhazardous in accordance with Section 2521 of Title 23, California Code of Regulations.

O. "Person" means any person, firm, business, city, County, district, special district, including a water district, sole proprietorship, partnership, joint venture, trust, association, or corporation whether for profit or nonprofit.

P. "Planning Department" means the Planning Division of the Development Services Department.

Q. "PFRP" and "PSRP" mean the processes to reduce pathogens as defined by 40 CFR 503.

R. "Septage" means liquid or solid material removed from septic tanks, cesspools, portable toilets, type III marine sanitation devices, seepage pits or grease removed from grease traps.

S. "Site" means a single parcel or parcels of land with a single owner or operator. The operator may be the landowner(s), a lessee, or a group of persons acting as one lessee. Non-contiguous parcels of land with a single operator may be considered as one site if the distance between any two parcels is five miles or less.

T. "Staging Area" means the location on a site, where biosolids or nonhazardous ash are deposited on the ground (not to exceed 24 hours) for loading onto a vehicle, for application, on the same or nearby sites in connection with an approved Biosolids Management Plan and Site Plan.

U. "Treatment" means a process which alters, modifies, or changes the biological, physical or chemical characteristics of biosolids or nonhazardous ash.

V. "Vehicle" means any motorized or non-motorized conveyance used to transport biosolids or nonhazardous ash on public highways.

W. "Wastewater Treatment Plant" means a facility designed and constructed to receive, treat, or store sewage combined with waterborne waste.

(Ord. No. 1714, § 1, 12-19-2023)

(a) Permitted Biosolids Application. Before any person may apply biosolids in the unincorporated areas of Sutter County, a permit must be obtained consistent with this Chapter and the biosolids must meet the following standards:

(1) The Wastewater Treatment Plant generating the biosolids must have a current waste discharge permit from a Regional Water Quality Control Board or the equivalent permit meeting Clean Water Act requirements applicable in the jurisdiction of the wastewater treatment plant.

(2) Biosolids to be applied must meet the following standards:

a. Class A pathogen requirements in 40 CFR, Part 503 or its revisions.

b. One of the vector attraction reduction requirements identified in 40 CFR, Part 503 or its revisions.

c. The pollutant limits in 40 CFR, Part 503, Section 503.13 or its revisions and State standards established by the Regional Water Quality Control Board.

(3) Each site for biosolids utilization must be tested for cation exchange capacity and metal concentrations prior to application of biosolids pursuant to Section 715-110B.

(4) Biosolids that meet the Class B pathogen requirements in 40 CFR, Part 503 or its revisions shall not be applied.

B. Ash Application Prohibited.

(1) A person may not apply or discharge hazardous or nonhazardous ash to agricultural land in the unincorporated area of Sutter County.

(2) A person may not discharge hazardous or nonhazardous ash to surface waters or surface-water drainage courses (including wetlands and waterways) in the unincorporated area of Sutter County.

(c) Biosolids Application Without Permit.

(1) Retail Exemption: This Chapter shall not apply to biosolids that are sold at retail in a bag or other enclosed container weighing 50 pounds or less, are applied to agricultural land for agronomic purposes, and meet the following Federal Standards for the Use or Disposal of Sewage Sludge: the pollutant concentrations in 40 CFR, Part 503.13(b)(3) or its revisions, the Class A pathogen requirements in 40 CFR, Part 503.32(a) or its revisions and one of the vector-attraction-reduction requirements in 40 CFR, Part 503.33(b)(1—8) or its revisions.

(2) Fertilizer Exemption: This Chapter shall not apply to registered fertilizing material manufactured or distributed under license consistent with Chapter 5 of Division 7 of the California Food and Agricultural Code and related regulations.

(3) Agricultural Ash Exemption: This Chapter shall not apply to ash generated by the combustion of agricultural materials on agricultural land that are applied on the same agricultural land where the agricultural material was grown. This exemption means that plants including but not limited to fruit and nut trees, vines, rice, and vegetables may be burned at the location the plants were grown and the ash byproduct may be applied at that same location.

(4) Carbon Capture Exemption: This Chapter shall not apply to carbon dioxide capture, removal, utilization, or sequestration authorized by Article 2 of Chapter 4.3 of Part 2 of Division 26 of the California Health and Safety Code and related regulations.

(Ord. No. 1714, § 1, 12-19-2023)

Biosolids application shall meet the following requirements:

(a) The discharge of biosolids to surface waters or surface water drainage courses is prohibited.

(b) The discharge of irrigation tailwater, stormwater, or other field runoff to surface water following biosolids application is prohibited for 30 days following biosolids application, to minimize the change of biosolids being carried from the Application Site to surface waters.

(c) Land application of biosolids within any designated floodway or flowage easements designated by the Reclamation Board of the State of California or floodways shown on maps published by the Federal Emergency Management Agency is prohibited.

(d) Land application of biosolids classified as "hazardous", as defined in Section 2521 of Title 23, California Code of Regulations, is prohibited.

(e) The applicator shall be responsible primarily for compliance with this chapter. If the applicator fails to meet the requirements of this code, the generator of the biosolids shall also be responsible for compliance.

(f) Application shall only occur on sites approved for that purpose by the Department.

(g) The approval of a Biosolids Management Plan and the granting of an Application Site Permit in accordance with this chapter will normally be considered ministerial acts, not subject to further environmental review under the California Environmental Quality Act (CEQA). However, to ensure that all biosolids application in the unincorporated areas of the County is consistent with the County's General Plan, and to ensure that an adequate determination can be made regarding the potential impacts of biosolids application on sensitive habitat or resource areas, as well as on unincorporated urban areas of the County, the approval of a Biosolids Management Plan and/or the granting of an Application Site Permit for biosolids application, in or directly adjacent to those areas, including up-slope areas that drain into wetland areas, is considered discretionary and subject to review under CEQA.

Therefore, if the Planning Department determines, based on the habitat resource maps in the General Plan Open Space element, that a proposed Application Site could impact upon wetlands, including vernal pools, a significant habitat area, sensitive wildlife, and/or sensitive plants, or are within or could impact upon areas designated on the County General Plan Land Use Maps as Specific Urban Development Plans, Rural Residential Centers, Highway Interchange Centers, or Agricultural Service Centers, the proposal will be subject to review under CEQA, with Sutter County acting as Lead Agency.

The applicant for an Application Site Permit, which the Planning Department determines may have an impact upon the above described areas, shall be responsible for the costs of any such CEQA environmental review, and shall pay to the Planning Department all fees necessary to cover those costs.

In addition, when reviewing proposed Biosolids Management Plans and Application Site Permits referred by the Department, the Planning Department shall determine whether the proposed Application Site is located on previously unimproved land. Unimproved land shall be defined as land which has not been intensively cultivated (leveled, disced and irrigated). This determination shall be based on information provided by the applicant, a review of historical aerial photos, and any other means. If Planning staff finds that an Application Site meets this criterion, Planning staff shall consult with the Department of Fish and Game (DFG) or the U.S. Fish and Wildlife Service (FWS) to determine the wildlife habitat sensitivity of the site. If DFG or FWS provides information to support a concern for significant impact to wildlife habitat, and if CRWQCB environmental documents have not addressed the potential impact of discing biosolids into unimproved lands to the County's satisfaction, the County's permit shall be considered discretionary and will be reviewed under the California Environmental Quality Act.

(h) Biosolids application rates shall not exceed agronomic rates, or any rates which cause specific constituents to exceed single, annual, or lifetime application limits, based on all of the following:

1. 40 CFR 503, Criteria for Standards for the Use or Disposal of Sewage Sludge or its revisions.

2. Regional Water Quality Control Board laws and regulations.

3. Soil cation exchange rates at the Application Site.

4. Nitrogen demand of the crop.

5. Phytotoxicity of the crop.

(i) Biosolids shall be land spread within 24 hours of arrival at the site, and incorporated into the soil within 24 hours thereafter.

(j) Biosolids shall not be applied on slopes exceeding 15 percent. For slopes greater than two percent, parallel discing to slope contours is required to inhibit erosion.

(k) Buffer zones are required. Staging areas and biosolids application shall be at least:

1. 25 feet from property lines.

2. 500 feet from domestic or public water supply wells (wellhead protection area); occupied dwellings; schools; hospital or similar facilities.

3. 50 feet from non-domestic water supply wells.

4. 50 feet from public roads.

5. 100 feet from surface waters, including, but not limited to creeks, ponds, lakes, vernal pools, marshes or floodways.

6. Consistent with all provisions of the County Zoning Code.

(l) Biosolids shall not be applied to soils where depth to groundwater is less than five feet from the soil surface.

(m) Biosolids shall not be applied or incorporated into the soil to water-saturated ground, during periods of rainfall, when the ground is frozen, or when wind speeds at the site exceed 20 m.p.h. The 20 m.p.h. wind speed requirement for application and incorporation may be waived if the biosolids or soil have an adequate moisture content as determined by the Department. In addition, the application and incorporation of biosolids shall comply with the local air district regulations including but not limited to, PM-10 and fugitive dust rules, if applicable.

(n) Biosolids applications shall be limited to once per crop year.

(o) Application of biosolids shall comply with existing federal and state laws and regulations, including 40 CFR 503 of the Code of Federal Regulations or its revisions.

(p) Neither the distribution nor application of biosolids shall cause a nuisance or degrade groundwater/surface water.

(q) The applicator and/or generator shall comply with the Monitoring and Reporting requirements of this Chapter.

(r) The applicator must comply with all requirements of the California Regional Water Quality Control Board.

(s) The applicator shall obtain, and submit to the Department, a written statement showing that the grower and landowner are desirous of, and consent to receiving biosolids.

(t) The applicator shall notify the Department in writing of each delivery of biosolids to the site, or otherwise at least 24 hours in advance.

(u) The area at the site to receive biosolids application, shall be clearly marked with stakes or other prominent markers before the biosolids application.

(v) Maintenance Yard in Sutter County.

1. Biosolids transportation vehicle parking or parking/service yards in Sutter County shall be maintained in a clean and safe condition.

2. Vehicle washing facilities in Sutter County shall drain to an approved drainage system. The entire area shall be adequately sloped for drainage control. This provision does not apply to the preliminary cleaning of vehicles, at a permitted site, before return to a maintenance or washing facility.

(w) Vehicles.

1. Each vehicle used to transport or apply biosolids shall have clearly visible, on each side, the identity of the Applicator or DBA, in a size with letters of not less than three inches in height.

2. Maintenance and repair work shall be logged and recorded, and the log maintained shall be made available at the business office for inspection by the Department or other regulatory agencies at reasonable times.

3. Vehicles shall meet all emission standards and limits on noise.

4. Vehicle shall be designed and maintained in such a manner as to prevent leakage of liquids or spilling, blowing or loss of material during transportation.

5. Vehicles transporting biosolids shall be maintained in a neat and clean condition and in sound mechanical condition. All loads shall be fully tarped, be leak free and/or in sealed containers. Vehicle exteriors shall be free of biosolids before entering public roads.

6. All vehicle must meet California Department of Transportation requirements and be equipped in a manner whereby effective communication with the Applicator's office can be maintained.

7. Applicator shall cause its vehicle to be inspected annually by the California Highway Patrol and a report of said inspection shall be provided to the Department upon request.

8. The applicator shall obtain and maintain at its own expense, all required vehicle licenses and approvals and shall promptly pay all taxes required by the City, County, State and Federal governments.

9. Department's Review.

a. The Department may suspend the use of said vehicle for any failure to meet the vehicle requirements of this chapter. Said vehicle shall not be used for collection, application, transfer, or removal of biosolids until it has been cleared in writing by the Department for return to service.

(x) Biosolids staging areas shall be restricted to sites approved for application. Staging areas may not be located in buffer zones as described in Section 715-035(k). All biosolids within a staging area must be land applied within 24 hours from time of deliver to the staging area. The staging area shall be sufficiently cleaned of biosolids so that application rate within the staging area is equivalent to the approved application rate for the site.

(y) Storage of biosolids at the permitted site, longer than 24 hours, will require a Conditional Use Permit and/or solid waste facility permit.

(Ord. No. 1714, § 1, 12-19-2023)

(a) No person shall apply biosolids in the unincorporated areas of the County without first having obtained approval of a Biosolids Management Plan and been issued an Application Site Permit from the Department and having paid all fees.

(b) Requests for Biosolids Management Plan Approval. The Biosolids Management Plan must meet the regulations and guidelines found in 40 CFR 503, "Standards for the Use or Disposal of Sewage Sludge," U.S. Environmental Protection Agency (EPA), February 19, 1993, Regional Water Quality Control Board laws and regulations, or any revisions of the ERA and State documents related to biosolids application.

Requests for Biosolids Management Plan approvals shall be made to the Department upon forms provided by the Department, shall be accompanied by a processing fee as established by the Board of Supervisors, and shall include the following information and/or documents:

(1) Name, address, and phone number of the requester.

(2) Type of organization such as sole proprietorship, partnership, joint venture, corporation, business, trust, or company including names, home addresses and percentage of ownership of all owners and officers. Information as to ownership interest of less than one percent (1%) need not be provided.

(3) Identification of the local manager and responsible office personnel.

(4) A statement setting forth facts demonstrating that the requester owns or has access to suitable facilities for equipment cleaning maintenance, storage, and business offices. The addresses of all such facilities shall be provided with the application. Included with this statement for any facility located within Sutter County shall be documentation indicating these facilities are properly zoned and constructed consistent with appropriate local ordinances.

(5) A statement regarding the requester's experience and capability in the collection and transportation and application of biosolids.

(6) A copy of the insurance policies of the type and in the amounts specified in Section 715-080, prior to the start of operations.

(7) An original bond meeting the specifications in Section 715-090.

(8) A list of vehicles to be used for the transportation and/or application of biosolids, including:

a. A list of vehicle identification numbers.

b. The type, year, make, model, mileage, license numbers, descriptions and the intended uses of all vehicles.

(9) Biosolids Characteristics:

a. Description of the characteristics of the biosolids proposed to be applied, including a certification that the sludge has been treated to pathogen requirements as set forth in 40 CFR 503, et seq.

b. Source of biosolids (including names of each Wastewater Treatment Plant from which the biosolids will originate).

(10) Application Rate Design. Describe the application rates in dry tons per acre.

(11) Plan of Operation. A detailed plan of operation which shall include:

a. Generalized description of biosolids application including location.

b. Description of equipment to be used.

c. Special procedures for equipment breakdown.

d. Spill prevention and response plans.

e. Soil incorporation methods.

f. Inclement weather plan.

g. Soil testing methodology.

h. Dust control plans.

i. Transportation plans including: (i) proposed delivery truck route(s) to site; (ii) proposed frequency and hours of delivery; (iii) local traffic conditions; and (iv) proposed measures to prevent tracking of biosolids on roadways.

j. Nuisance avoidance measures.

(12) Name of water delivery and/or drainage agency in whose jurisdiction the biosolids are applied.

(13) Any other relevant information requested by the Department.

(c) Request for Application Site Permit. A site permit request shall be submitted after the Biosolids Management Plan is approved. The site permit request shall be submitted on forms provided by the Department and shall include the following information and/or documents:

(1) Name, address and phone number of the lessee and/or landowner with written proof of lessee and landowner agreeing to biosolids use, allowable crops, right of entry and any other conditions.

(2) Legal description of site location (Assessor Parcel Number).

(3) A list of predominant soils on the site.

(4) The type of crops grown on the site.

(5) A tabulation of site information to include net acreage, depth to ground water, annual application rate, lifetime application rate (if required pursuant to 40 CFR 503) and buffer zones (as described in Section 715-035(k)) for occupied dwellings, property lines, roads, surface waters, and wells.

(6) A detailed site plan prepared at a scale of one inch equals 660 feet or at a scale acceptable to the Department depicting the site boundary, limits of biosolids application, drainage courses, homes, wells, irrigation structures and dikes within 500 feet of the site.

(7) Representative soil sample analyses for background metal concentrations as required by the Department.

(8) A statement by an individual certified by the American Registry of Certified Professional in Agronomy, Crops and Soils (ARCPACS) indicating the recommended agronomic rates for biosolids application. Such recommendation must be based on soil conditions in the area and be crop specific.

(9) Any other relevant information specifically related to the applicant's compliance with 40 CFR 503, et seq., state law, Regional Water Quality Control Board permit conditions or this chapter requested by the Department or other regulatory agencies.

(10) The request form will include a space for the applicant to obtain Planning Department sign-off regarding whether the site is in a probable significant habitat area, or within a designated unincorporated urban area (SUDP, RRC, HIC, or ASC). [See Section 715-035(g))].

(11) Slope of ground.

(12) Surface water protection measures.

(Ord. No. 1714, § 1, 12-19-2023)

(a) A permit requester shall be notified about an incomplete or inaccurate application within ten working days after the date of the filing of the application. The requester may make the necessary corrections and additions and resubmit the request within 30 days of notification. Bond and insurance certificates must be supplied prior to approval.

(b) Written notice of the denial of a request for a Biosolids Management Plan or Application Site Permit, shall be given by personal delivery or by mailing by certified mail to the requester at the address on file with the Department. The Department shall review the completed Biosolids Management Plan request and shall approve or reject the plan with 20 days. The Department shall approve or reject a completed Site Permit request within 20 days.

(c) The Department shall approve the Biosolids Management Plan if the plan complies with this chapter and all local, state and federal laws and regulations unless the Department finds the requester has shown:

(1) Lack of responsibility as shown by past work by the applicant; or

(2) Historical failure to comply with local, state or federal laws and regulations

(d) Approvals granted for Biosolids Management Plans shall be valid for a period not to exceed five years, but may be issued for any period of less that in five years, and shall be reviewed annually.

(e) An Application Site Permit shall remain valid as long as the related Biosolids Management Plan is in force and effect and fees are paid.

(f) A Biosolids Management Plan or Application Site Permit may be revoked by the Department when the applicator has violated any provision(s) of this chapter, including its fee requirements, any federal/state laws or regulations or violated a provision(s) of the waste discharge permit of the Regional Water Quality Control Board. This remedy shall be available to the Department in addition to that set forth in Section 715-180. If the Department revokes the Biosolids Management Plan or Application Site Permit, a written notice to this effect shall be delivered in person or by certified mail to the business address of the name appearing on the application. The written notice shall state the grounds for the revocation.

(Ord. No. 1714, § 1, 12-19-2023)

(a) The applicator may appeal a denial or revocation of a Biosolids Management Plan or Biosolids Application Site Permit to the Board of Supervisors by filing a written request for a hearing before the Board of Supervisors with the Clerk of the Board not more than ten calendar days after notice of the denial or revocation has been delivered.

(b) Unless the Department finds the grounds for a revocation to constitute an immediate threat to public health, any revocation by the Department shall be stayed during the pendency of an appeal therefrom which has been properly and timely filed.

(c) 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 and the Board of Supervisors at least 30 calendar days written notice of the time, date, and place of the haring.

(d) After a 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. Such decision will be final.

(Ord. No. 1714, § 1, 12-19-2023)

(a) There shall be fees required to obtain consideration of: (1) the Biosolids Management Plan; (2) a Site Permit Application; (3) monitoring biosolids under the provisions of this Chapter; and (4) appeal fees, all as specified by the Board of Supervisors. It is the intent of this Chapter that such fees shall be in an amount necessary to fully fund the actual costs incurred by the County in administering this Chapter, with no costs of administering or enforcement of this Chapter passed on to Sutter County growers or residents. Initial request fees shall be due upon submittal of the request.

(b) All reasonable costs of laboratory analysis of biosolids, soil, water and vegetation samples collected by the Department shall be paid by the applicant.

(Ord. No. 1714, § 1, 12-19-2023)

(a) The delinquency date of any fee required by the Chapter, in the case of permitted sites, shall be the 30th day following the initial billing date, and shall be paid by a person holding a Site Permit.

(b) If any fee specified is not paid prior to the delinquency date, the permittee shall pay a penalty. A penalty fee of 25% of the initial billing will be imposed upon its delinquency. If the permit fee is not paid within 60 days of the initial billing, the fee will be doubled.

(Ord. No. 1714, § 1, 12-19-2023)

(a) The applicator shall, at all times during the term of its site permit, maintain in full force and effect Workers' Compensation insurance, a minimum of one million dollars ($1,000,000.00) General Liability insurance, a minimum auto liability of one million dollars ($1,000,000.00), covering personal injury and property damage, and a minimum of one million dollars ($1,000,000.00) of pollution insurance, covering personal injury, property damage and clean up liability. All insurance shall be by insurers and for policy amounts acceptable to the County. Before commencement of any biosolids application, the applicator shall furnish the County with certificates of insurance, or other evidence satisfactory to County, indicating that insurance has been procured and is in force. The certificates shall include the following express obligation:

"This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate, notice will be given the certificate holder."

(b) In the event applicator's insurance coverage fails or lapses, the permit approval issued hereunder shall terminate immediately, and applicator shall be deemed in default.

(c) Applicator shall be under a duty to promptly notify the Department of any cancellation or non-renewal of insurance coverage.

(d) The pollution insurance policy shall contain the following special endorsement:

"The County of Sutter, it officers, employees, and agents are hereby declared to be additional insured under the terms of this policy both as to the activities of applicator and as to the activities of the County, its officers, employees and agents related to the activities herein."

The insurance policy shall not be canceled without 30 days prior written notice to the County. The County is not liable for the payment of premiums or assessments on the policy.

(e) The Department, County Counsel and County Risk Manager shall review the insurance policy to assure compliance to this chapter.

(Ord. No. 1714, § 1, 12-19-2023)

(a) Security Bond. Applicator shall furnish a copy of a corporate surety bond as security for performance under the site permit as required by the Regional Water Quality Control Board. The County shall be named on the bond as an obligee. If a bond is not required by the Regional Water Quality Control Board, the applicator shall furnish a corporate surety bond as security for performance under the site permit. The purpose of the bond is to provide financial resources to Sutter County in the event of non-compliance with this chapter. The amount of the bond shall be determined by the Department based on the quantity, size and scope of biosolids application as set forth in the application and permit. Sutter County shall be named as the obligee.

(b) Premium. The premium for the above-described bond(s) shall be paid by the Applicator. A certificate from the surety showing that bond premiums have been paid, in full, shall accompany the bond.

(c) Authorized Company. The surety on the bond shall be a company acceptable to the County and shall be a corporate surety company authorized to do business in the State of California.

(d) The Department, County Counsel, and County Risk Manager shall review the bond to assure compliance to this chapter.

(Ord. No. 1714, § 1, 12-19-2023)

Technical standards governing biosolids application rates, cumulative soil metals, etc., shall be as established by the Regional Water Quality Control Board and 40 CFR 503 or its revisions.

(Ord. No. 1714, § 1, 12-19-2023)

(a) Biosolids Testing.

(1) Routine. Each biosolids load applied shall be sampled prior to application by the applicator with volume samples. Daily samples shall be composited to form a weekly sample. The weekly composite samples shall be further composited to form a monthly composite sample which shall be analyzed for land application parameters as follows: Total Nitrogen-Kjeldahl (TK-N), Ammonium Nitrogen, Nitrate Nitrogen, Organic-Nitrogen, Total Potassium, Total Phosphorus (P), Total Copper (Cu), Total Lead (Pb), Total Cadmium (Cd), Total Zinc (Zn), Total Nickel (Ni), pH (1: 1vv), Total Solids, Total Boron (B), Total Arsenic (As), Total Chromium (Cr), Total Molybdenum (Mo), Total Selenium (Se), and Total Mercury (Hg).

(2) Annual Monitoring: Representative samples from each Wastewater Treatment Plant which generates biosolids to be applied to land in Sutter County shall be composited and analyzed as stipulated in the Wastewater Treatment Plant's National Pollutant Discharge Elimination System permit, unless otherwise indicated, for the following constituents unless the biosolids has been stockpiled longer than five years, in which case additional testing may be required. The Department or other regulatory agencies may require additional testing for specific constituents (e.g., radioactivity) if it determines that Wastewater Treatment Plants may be processing waste containing those contaminants.

Percent Total Solids (Monthly) (%)

Nitrogen (Monthly) (%)

Ammonium Nitrogen (%)

Nitrate (%)

Total Kjeldahl Nitrogen (%)

Organic Nitrogen (%) - calculated

Chlorinated Pesticides and PCBs * (EPA Method #8080)

Base/Neutral Extractable Organic Priority Pollutants * (EPA Method #8270)

Phosphorous (Monthly) (%)

Potassium (Monthly) (%)

pH (Monthly) (pH units)

Heavy Metals: Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, and Zinc (Monthly) (mg/kg)

Boron (Monthly) (mg/kg)

Fecal Coliform (MPN/gram dry weight)

Dioxin (EPA #8290) * (pg/L)

Furan *

Asbestos * (% Fibers)

Units to be reported as dry weight corrected for percent moisture.

* The Department or other regulatory agencies may require testing at a frequency no greater than required by the generator's current permits issued through the Regional Water Quality Control Board. The applicator may be required to perform these tests in instances where the generator is exempted from testing by the RWQCB. These may be required by the Department or other regulatory agencies at a frequency rate of no more than once per year, unless significant concentrations are detected.

(3) Pathogen Requirements: Records and biosolids analyses results shall be made available to the Department or other regulatory agencies for the purpose of verifying pathogen compliance.

(b) Soil Testing. Soils on Application Sites will be sampled and analyzed by the applicator for metals and cation exchange capacity prior to application of biosolids, and prior to subsequent applications.

(1) Sampling Procedure: The surface soil will be sampled at a depth of three to 11 inches. A sample will consist of individual cores taken from scattered locations throughout the entire field. Individual cores will be collected so as to be representative of the entire field. Surface litter will be removed before collecting a core, to insure mineral soil is sampled. Obvious anomalies such as wet spots, turn rows and minor soil textural inclusions will not be sampled. The number of core samples and soil samples will be determined by the Department or other regulatory agencies prior to sampling and will depend on the field size and soil types.

(2) Analysis: Soils will be analyzed for the following parameters: Olson's extractant for Phosphorus, Ammonium Acetate for Potassium, exchangeable saturated based extract pH, Calcium, Magnesium, Sodium, Total Zinc, Total Iron, Total Copper, Total Manganese, Total Cadmium, Total Chromium, Total Lead, Total Mercury, Total Nickel, Total Sulphur, and Total Selenium.

(c) Vegetation: Food chain vegetation shall be required to be sampled as determined by the Department or other regulatory agencies.

(d) Vadose Zone Monitoring: Vadose Zone Monitoring shall be conducted pursuant to Regional Water Quality Control Board requirements.

(e) Laboratory Testing: All biosolids, water, soil and vegetation analyses must be conducted by a California State Department of Health Services accredited laboratory, pursuant to Health and Safety Code Section 100250, with all costs associated with sampling paid by the applicant. Laboratory test methods shall be those approved by EPA and/or the Regional Water Quality Control Board.

(Ord. No. 1714, § 1, 12-19-2023)

(a) Application Records. Application Records shall be prepared and maintained by the applicant. A record shall be maintained of each load of biosolids received, the load size, time of day, the Application Site where the load was taken, the source of the biosolids, and the application method.

(b) Site Reporting (Post-Application). Site reports shall be prepared for each field that received biosolids during a reporting period. The site report shall state:

(1) Location of field.

(2) Tons of wet biosolids per acre and Tons of dry biosolids per acre applied.

(3) Soil cation exchange capacity.

(4) Number of acres.

(5) Types of crops grown on land which biosolids is applied.

(6) Amount applied to date for the year.

(7) Lifetime amount of biosolids applied.

(8) The following metals applied current year to date, total applied and lifetime limit where applicable pursuant to 40 CFR 503 or Regional Water Quality Control Board standards:

Lead

Copper

Nickel

Mercury

Cadmium

Zinc

Arsenic

Chromium

Molybdenum

Boron

Selenium

(c) Report Submission.

(1) Monthly reports shall be submitted indicating the total amount of dry and wet tons of biosolids applied in the County.

(2) Site Reports shall be submitted:

a. Within 60 days of the last application of biosolids to a field or site for one time application operations, or

b. Within 60 days of the last biosolids application for the calendar year for ongoing application operations.

(3) Annual reports shall be submitted by March 1 for the preceding calendar year. Each report shall include: a summary of the quantity (tons), biosolids source, and location of application for each field on which biosolids were applied during the preceding calendar year, the date(s) of the Site Report(s) applicable to each application; and a statement concerning compliance with land use restrictions identified in this chapter.

(4) In reporting the monitoring data, the Applicator shall arrange the data in tabular form so that the date, the constituents, and the concentrations are readily discernible. The data shall be summarized in such a manner to clearly indicate compliance to this chapter. The results of any monitoring conducted more frequently than required shall be reported to the Department.

(Ord. No. 1714, § 1, 12-19-2023)

(a) Entry Onto Permitted Property. As a requirement of the issuance of a permit under this chapter, the applicator, farm operator, landowner or lessee shall agree to allow the Department or other regulatory agencies at reasonable times and upon presentation of credentials to:

(1) Enter upon the applicator's premises or location where any records are required to be kept under the terms and conditions of this chapter or application permit.

(2) Have access to and copy any records required to be kept under the terms and conditions of this chapter or application permit.

(3) Inspect any monitoring equipment or observe any monitoring method required in this chapter or application permit.

(4) Inspect any collection, transport vehicles, treatment, pollution management, or control facilities required under this chapter or application permit.

(5) Enter any site where biosolids are proposed to be used or has been used or stored and sample any ground or surface waters, soils, vegetation, biosolids or other materials on the site; and,

(6) Obtain any photographic documentation or evidence.

(7) Generally inspect, observe, and monitor the biosolids application operation.

(b) Entry Onto Unpermitted Property. The Department or other regulatory agencies may enter public or private property when there is reasonable cause to believe that biosolids or ash is being or has been applied or discharged on the property in violation of this Chapter. Before entering, the Department or other regulatory agencies shall obtain consent of: (a) the occupant, if the property is occupied; or (b) the property owner or other person in control of the property, if the property is unoccupied.

When requesting consent to entry, the Department or other regulatory agencies shall inform the occupant, property owner, or person in control that he or she may withhold consent and that, if consent is withheld, the Department may seek the Sutter County Counsel's assistance in applying to the Sutter County Superior Court for an inspection warrant authorizing the entry upon and inspection of the property for violations of this Chapter.

(Ord. No. 1714, § 1, 12-19-2023)

Land application of untreated septage in the unincorporated areas of the County is prohibited.

(Ord. No. 1714, § 1, 12-19-2023)

No person shall apply biosolids to land within the unincorporated areas of Sutter County following the effective date of this chapter without being in full compliance with all terms and conditions of this chapter.

(Ord. No. 1714, § 1, 12-19-2023)

The Department or other regulatory agencies are authorized to enforce the provisions of this chapter. The Department may contract with third parties to engage in any activity designated to the Department in this Chapter on behalf of the Department.

(Ord. No. 1714, § 1, 12-19-2023)

Any person who violates or causes the violation of any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine up to the maximum amount allowed for a misdemeanor by Penal Code section 19, or by imprisonment in the Sutter County Jail for a period of up to the maximum period allowed for a misdemeanor by Penal Code section 19, or by both such fine and imprisonment.

(Ord. No. 1714, § 1, 12-19-2023)

In addition, any violation of this chapter may be deemed by the Department or other regulatory agencies to be a public nuisance, and may be abated, or enjoined by the department, irrespective of any other remedy herein provided.

(Ord. No. 1714, § 1, 12-19-2023)