Yolo County Municipal Code Ch. 12 Regulation of Biosolids

The Yolo County Board of Supervisors finds and determines that human, household and other waste products that are processed at municipal wastewater (sewage)treatment plants and from septic systems, which material is collectively referred to herein as “biosolids,” poses a potential threat to the public health, safety and welfare of the citizens, residents and businesses of Yolo County, when used as a soil additive or fertilizer. Further the Board of Supervisors finds that biosolids can contain heavy metals, pathogenic organisms and chemical pollutants, which can pose a threat to human health, agriculture and to water quality. When biosolids are applied to lands in agricultural areas, the mere fear of contamination to agricultural crops produced on such land and/or on neighboring properties can result in a loss of value for the agricultural products and to the land itself. Accordingly, the Board of Supervisors finds that in order to protect the public health, safety and general welfare and to safeguard water quality and the viability of agriculture within the County, it is necessary to regulate the manner and conditions under which biosolids may be used and applied to land within the unincorporated area of the County.

It is the purpose and intent of this chapter to regulate the land application of biosolids on unincorporated areas of Yolo County in a manner that is consistent with agronomic rates, which protects public health, ground and surface waters, agricultural markets, sensitive wetland and habitat areas. To protect critical ground water basins and food production areas, this chapter provides local control and establishes minimum standards for the safe use of biosolids. The provisions of this chapter shall be effective only within the unincorporated territory of the County. (§ 1, Ord. 1204, eff. January 16, 1997)

Whenever in the chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.

(a) “Agronomic rate” means a rate at which biosolids applications do not exceed nitrogen or other nutrient fertilizer rates or element additions for the crop to be grown and do not result in phytotoxicity or the excess accumulation of heavy metals and/or nutrients adverse to normal crop growth or quality, or which threatens to impact groundwater or wetlands.

(b) “Applicator” means any person, company, organization, or other legal entity who uses and/or places biosolids on any land within the County for any purpose, including but not limited to enhancing the growth of plants.

(c) “Biosolids” also referred to as “sewage sludge,” means any material taken or derived from the processing of municipal wastewater and/or from septic systems and shall include, but not be limited to, solid or semisolid material that contains suspended solids.

(d) “Class A biosolids” means biosolids meeting the Class A pathogen reduction requirements listed in 40 Code of Federal Regulations, Part 503, Section 503.32 or its revisions.

(e) “Class B biosolids” means biosolids meeting the Class B pathogen reduction requirements listed in 40 Code of Federal Regulations, Part 503, Section 503.32 or its revisions.

(f) “County” means the County of Yolo, State of California.

(g) “Department” means the Department of Public Health, Division of Environmental Health of the County of Yolo.

(h) “Field” means a discrete, discernable, and identifiable individual piece of land used or capable of being used for crop production under the provisions of the Yolo County zoning ordinances.

(i) “Feed crops” means crops produced for consumption by animals.

(j) “Fiber crops” means crops such as flax and cotton.

(k) “Food crops” means those crops consumed by humans.

(l) “Grower” means the operator of the site involved in production of agricultural crops.

(m) “Irrigation tail water” means the water applied to a field that does not infiltrate the soil, but collects or runs off at the lower end of a field.

(n) “Land application” means the spraying or spreading of biosolids onto the land surface; the injection of biosolids below the surface; or the incorporation of biosolids into the soil so that the biosolids can either condition the soil or fertilize crops or vegetation grown in the soil.

(o) “Person” means any person, firm, business, city, district, special district, water district, or other governmental agency, including but not limited to a sole proprietorship, partnership, joint venture, trust, association, or corporation whether for profit or non-profit.

(p) “Septage” means liquid or solid material removed from septic tanks, cesspools, portable toilets, type III marine sanitation devices or any similar device or receptacle. Septage does not include pits or grease removed from grease pits or traps.

(q) “Site” means a single parcel or contiguous parcels of land under the same ownership for which the use of biosolids is either requested or approved under the provisions of this Chapter.

(r) “Sludge” means any solid, semisolid or liquid waste containing human fecal matter and/or high concentrations of putrescible organic material generated from a municipal, community or industrial sewage treatment plant or containing septage.

(s) “Biosolids staging area” means the location on a site, where biosolids is deposited on the ground for loading onto a vehicle, for application, on the same or nearby sites in connection with an approved biosolids permit.

(t) “Treatment” means a process which alters, modifies, or changes the biological, physical or chemical characteristics of sludge or biosolids.

(u) “Units” means the pounds per acre of applied nutrients or elements (pounds per acre x 1.12 = kilograms per hectare (kg/hectare) and kilograms per hectare x .893= pounds per acre (lbs/A)).

(v) “Wastewater treatment plant” means a facility designed and constructed to receive, treat, or store sewage and operating under a permit from the State. (§ 1, Ord. 1204, eff. January 16, 1997)

(a) Biosolids shall not be applied to any land within the unincorporated territory of the County without the prior issuance of a permit from the County Public Health Department, Environmental Health Division, nor shall biosolids be applied or used on land except in strict compliance with the provisions of this chapter and all applicable laws and regulations pertaining thereto.

(b) Biosolids shall not be applied to any land between November 15 and April 15.

(c) Biosolids shall not be applied to any land that is within the Delta Primary Zone.

(d) All water coming into contact with the land which has received any biosolid material, shall, for a period of thirty (30) days from the date of any application of biosolid material, be captured and disposed of on the site of the biosolid application and the water shall not be allowed to leave the site. It shall be the responsibility of any party applying biosolids to land to construct such berms or other temporary measures as may reasonably be necessary to capture storm or irrigation runoff from the site receiving the biosolids application.

(e) Biosolids shall not be applied to any land within any designated floodway or flowage easements designated by the Reclamation Board of the State of California, or on land within floodways as shown on maps published by the Federal Emergency Management Agency, or on any land designated as a special flood hazard area by the County’s Flood Ordinance.

(f) The wastewater treatment plant generating the biosolids to be applied to land in Yolo County must have a current waste discharge permit from a Regional Water Quality Control Board or the equivalent permit meeting Federal and State requirements applicable in the jurisdiction of the wastewater treatment plan. Each truck load of biosolids must be from an identified wastewater treatment plant and no mixed loads of biosolids (where the biosolid material is from more than a single plant) will be allowed to be applied to land within Yolo County. Biosolids to be applied within the County must meet the following standards:

(1) Class A or Class B pathogen requirements in 40 Code of Federal Regulations, Part 503.

(2) One of the vector attraction reduction requirements identified in 40 Code of Federal Regulations, Part 503.

(3) The pollutant limits in 40 Code of Federal Regulations, Part 503, Section 503.13 and State standards established by the Regional Water Quality Control Board.

(g) 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 Code of Federal Regulations 503, Criteria for Standards for the Use or Disposal of Sewage Biosolids or its revisions.

(2) Regional Water Quality Control Board laws and regulations.

(3) Nitrogen demand of the crop.

(h) Biosolids shall be landspread within forty-eight (48) hours of arrival at the site and shall be incorporated into the soil by disc or other acceptable method within twenty-four (24) hours after spreading; provided however, biosolids may be applied to land without incorporation if plant residue levels exceed 1000 pounds per acre with twenty (20%) percent having a vertical height no less than four (4”) inches. Total nitrogen additions shall not exceed seventy (70) pounds per acre, unless approved by the Department.

(i) If biosolids are applied on ground surfaces having an Erodibility Index (EI) of eight (8) or above as classified by USDA Natural Resources Conservation Service (NRCS), a report and plan for application shall be prepared by a Certified Agronomist, Soil Scientist, or Certified Professional Erosion and Sediment control Specialist (CPESC). The application shall not exceed erosion levels as specified in any existing NRCS plans and achieve erosion reduction levels that do not exceed the soil loss level specified in the plan.

(1) Biosolids applied to any land classified as

Highly Erodible Land (HEL) by NRCS shall comply with all aspects of the NRCS Conservation Compliance Plans for erosion control.

(2) There shall be no incorporation of biosolids on HEL land.

(j) Staging areas and biosolids application shall be at least:

(1) Twenty-five (25’) feet from property lines; and

(2) 500 feet from domestic or public water supply wells (wellhead protection area); occupied dwellings; schools; hospitals or similar facilities unless approved by Department; and

(3) 200 feet from nondomestic water supply wells; and

(4) Fifty (50’) feet from public roads; and

(5) 100 feet from surface waters, including, but not limited to creeks, ponds, lakes, vernal pools, marshes, wetlands or floodways; and

(6) Ten (10’) feet from any agricultural structures.

Notwithstanding the foregoing, the Department shall have the authority to decrease any required setback where the Department finds that the reduction will not compromise the public health and safety nor the purposes of this chapter; and the Department shall also have the authority to increase any setback required as a condition to the issuance of a permit, where the Department finds that such action is appropriate to protect the public health and safety and/or to further the purposes of this chapter.

(k) Unless approved by the Department, biosolids shall not be applied to soils where depth to groundwater is less than five (5’) feet at historic seasonal high from the soil surface.

(l) Biosolids shall not be applied or incorporated into the soil or to water-saturated ground, during periods of rainfall or, in order to prevent the biosolids material and/or soil from creating dust during the application and/or incorporation process, when wind speeds at the site exceed five (5) m.p.h. The five (5) m.p.h. windspeed requirement for application and incorporation may be waived by the Department if the biosolids or soil has a moisture content of not less than twenty-five (25%) percent. 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.

(m) Neither the distribution nor application of biosolids shall cause a nuisance.

(n) The applicator and/or generator shall comply with the Monitoring and Reporting Program (Sections 6-12.11 and 6-12.12).

(o) The applicator must comply with all requirements of the California Regional Water Quality Control Board and any other regulations adopted by any agency of the State or Federal government.

(p) 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.

(q) The applicator shall notify the Department in writing, by facsimile transmission of its proposed delivery schedule of biosolids to the site at least two (2) working days in advance.

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

(s) Maintenance yard in Yolo County.

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

(2) Vehicle washing facilities in Yolo County shall drain to an approved drainage system. The entire area shall be adequately sloped for drainage control.

(t) Biosolids staging areas shall be restricted to sites approved for biosolids application. Staging areas may not be located in buffer zones. All biosolids within a staging area must be land applied within forty-eight (48) hours from the time of delivery 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.

(u) After the application of Class B biosolids in each field, the applicator shall ensure the following:

(1) For at least thirty (30) days:

(i) Public access to the application sites is prohibited.

(ii) Feed and fiber crops are not harvested.

(iii) Animals do not graze on land.

(2) For at least twelve (12) months: Any turf that is harvested may not be used on land that will be used by the public.

(3) For at least fourteen (14) months: Food crops with harvested parts that touch the biosolids/soil mixture, and are totally above the land surface are not harvested.

(4) For at least thirty-eight (38) months: Food crops with harvested parts below the surface are not harvested. (§ 1, Ord. 1204, eff. January 16, 1997)

Unless otherwise required pursuant to the provisions of this chapter, a permit for the use and/or application of biosolids to any land within Yolo County (referred to herein as a “biosolids permit” or “permit”) may be issued by the County Department of Public Health, Environmental Health Division, in accordance with the following permit procedures. Any permit issued under the provisions of this chapter shall be conditioned on and shall require strict compliance with the provisions of this chapter and any applicable laws or regulations, otherwise the permit shall be deemed to be null and void. In the processing and review of any permit application, the Department shall be authorized to call upon and to receive assistance from such other County Departments or Officials as the Department may deem appropriate.

Any permit issued under the provisions of this chapter shall be deemed to be issued jointly to the property owner, any lessee thereof, and the applicator and each of these parties shall jointly be responsible for compliance with the terms and conditions of the permit and compliance with this chapter. Upon issuance of a permit, the permit shall be recorded in the official records maintained by the County Recorder.

(a) Ministerial permits.

A ministerial permit may be issued only to the property owner together with any lessee and to the applicator where it is demonstrated to the satisfaction of the Department, compliance with all of the following:

(1) No part of the site has a slope in excess of three (3%) percent; and

(2) The site has previously been intensively cultivated (leveled, tilled and irrigated) or grazed. (It is the purpose of this provision to require a detailed evaluation (through the discretionary permit review process) of a proposal to apply biosolids to land that has not previously been intensively cultivated or grazed); and

(3) The site is not designated for future residential use or development under the County’s General Plan; and

(4) The applicants have submitted a plan for application demonstrating to the satisfaction of the Department that the application complies with all of the regulatory provisions of this chapter.

A lessee of property shall not be issued a permit since the application of biosolids may affect the property beyond the lease. A lessee and property owner may jointly be granted a ministerial permit or a discretionary permit as provided for herein.

Notwithstanding compliance with the foregoing, a ministerial permit shall not be issued where the applicator and/or the property owner or lessee has failed to comply with the provisions of any other biosolids permit issued in Yolo County or in any other jurisdiction or has generally demonstrated a failure to comply with any local, State or Federal laws or regulations pertaining to the use and development of property or the use of biosolids or any other regulated material. Any party who is denied a ministerial permit under this provision shall have a right to appeal same by seeking the issuance of a discretionary permit in accordance with the procedures and provisions below. In addition to any other matter that is to be determined by the Department with regard to such discretionary permit, the Department shall hear such evidence as the County staff, the applicator and/or the property owner and any other interested party may reasonably provide regarding the issue of the compliance or noncompliance by the applicator and/or property owner with the law.

(b) Discretionary permits. A permit may be issued to the property owner together with any lessee and to the applicator in accordance with the following procedures and compliance with the provisions of this chapter. The County reserves the right to exercise its judgement and discretion in determining whether to issue a permit under the provisions of this subsection, and nothing contained herein shall be deemed to create a right in any person or entity to obtain a permit for which the exercise of discretion is hereby reserved.

Any application for issuance of a discretionary permit shall require that an appropriate environmental analysis be prepared and certified by the County in accordance with the provisions of the California Environmental Quality Act (“CEQA”). The applicant for the permit shall be responsible for the payment of all fees and costs associated with the preparation and review of the environmental document. The application and the preparation of the environmental document shall be prepared by or with the concurrence of the Yolo County Community Development Agency, consistent with the procedures followed for other discretionary land use applications and shall include a right of appeal to the Board of Supervisors on the part of the applicant and any interested person. Any such appeal shall be conducted in the same manner as provided for appeals of land use permits under the jurisdiction of the County Planning Agency.

Upon preparation of the environmental document, the Director of the Department or his or her designated subordinate (collectively referred to as the “Director”) shall conduct at least one public hearing which shall be noticed in the same manner as required for other discretionary land use applications. The Director shall, based upon the information contained in the application (or the lack thereof), the environmental document and such other information as may be provided at the hearing and from any interested party or agency, determine whether the use of biosolids in accordance with the application poses any threat to the public health, safety, and general welfare of the community (including but not limited to impacts on human health, ground or surface water, wildlife, wildlife habitat or sensitive plants) or to any specific property owner or interested party. In making this determination the Director shall be guided by the purpose and intent of this chapter.

It shall be sufficient for the purpose of denying any application for a discretionary permit for the Director to find that there is insufficient information upon which to make an affirmative finding that the use of biosolids as proposed will not create a threat to the public health, safety, and general welfare of the community or to any specific property owner or interested party. The party or parties seeking approval of the use of biosolids shall have an affirmative obligation to provide such conclusive information as the Director may require to reach his or her decision.

(c) Permit application procedure. The application for a biosolid permit shall be submitted to the County Department of Public Health, Environmental Health Division. The application shall be signed by the property owner and any lessees, and the party actually proposing to apply the biosolid material to the !and. The application shall be accompanied by such fees as the Board of Supervisors may from time to time establish pursuant to resolution or other official action and shall include the following information and/or documents:

(1) Name, address and phone number for each of the following: the applicant, landowner, any lessee, and applicator and a local emergency contact person.

(2) Type of organization such as sole proprietorship, partnership, joint venture, corporation, business, or trust, including names of all officers.

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

(4) A complete listing of the crops or other plants that are being grown or will be grown on the property including the numbers of acres that are devoted to each type of crop.

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

(6) An analysis of representative soil samples for each of the significant soil types that exist on the site, prepared in accordance with the provisions of Section 6-12.11. Representative soil samples shall be collected and analyzed by an independent laboratory, from a list approved by the Department, with the results submitted at the time of the application. Testing shall be performed no longer than thirty (30) days prior to the date of the application.

(7) A complete list for each of the following:

(i) Adjoining properties containing the names and address of the owners thereof;

(ii) All contracts for the purchase of the crops or agricultural products to be grown on the property including a statement of the processor where known;

(iii) All lenders holding any mortgages or deeds of trust on the property.

(8) A statement of information regarding the site, including net acreage to be used for the biosolids application, total acreage of the site, depth to groundwater at the historic shallowest known location, annual application rate, lifetime application rate (pursuant to 40 Code of Federal Regulations 503), and buffer zones for occupied dwellings, property line, roads, watercourses, wetlands and wells.

(9) A detailed site plan acceptable to the Department depicting current topography and ground slope, site boundaries, location of any previous biosolid application within the previous five (5) years and proposed biosolid application, drainage courses, homes and other buildings, wetlands, wells (whether in use or not), irrigation structures and dikes within 500 feet of the site.

(10) A statement by a professional certified by the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) indicating the recommended agronomic rates for biosolids application to the site. Such recommendation must be based on soil conditions in the area and be applicable to the crops grown or to be grown on the site.

(11) A statement regarding the applicant’s experience and capability in the collection and transportation and application of biosolids.

(12) A statement of the biosolids characteristics prepared in accordance with the provisions of Section 6-12.11.

(i) Describing the characteristics of the biosolids proposed to be applied, including a certification that the biosolids have been treated to Class A or Class B pathogen requirements as set forth in 40 Code of Federal Regulations 503 et seq.

(ii) Source of biosolids (including names of each wastewater treatment plant from which the biosolids will originate).

(13) A statement describing the proposed application rates in dry tons per acre.

(14) A detailed plan of operation which shall include:

(i) Identification of the site, including Assessors Parcel Number;

(ii) Generalized description of biosolids application including location, dimension and area description of land that can be identified in the field;

(iii) Description of equipment to be used;

(iv) Special procedures for equipment breakdown;

(v) Spill prevention and response plans;

(vi) Soil incorporation methods;

(vii) Inclement weather plan;

(viii) Description of soil and plant testing methodology;

(ix) Dust control plans;

(x) Transportation plans including:

(aa) Source and owner of vehicle,

(bb) Proposed delivery truck route(s) to site,

(cc) Proposed frequency and hours of delivery,

(dd) Local traffic conditions,

(ee) Proposed measures to prevent tracking of biosolids on to roadways,

(ff) Nuisance avoidance measures.

(15) Evidence of notification from applicant to the water delivery and/or drainage agency in whose jurisdiction the biosolids is applied.

(16) Evidence of notification to any lenders holding a mortgage or deed of trust on the property and to any food processors or other parties who have contracted to purchase the crops or other agricultural products grown on the property, of the submission of an application to use biosolids on the property.

(17) The permit application shall be accompanied by a site application disclosure statement signed by the property owner and any lessees, acknowledging that the use of the property may be impacted by the application of biosolids.

(18) In addition to the foregoing, the applicant shall be required to provide any other relevant information requested by the Department.

To facilitate the submission of an application for a biosolids permit, any prospective applicant may request a preapplication conference with the Department. The Department shall require the payment of fees for all preapplication conferences consistent with the latest fee schedules as approved by the Board of Supervisors.

(d) Application review procedures and action.

(1) The Department shall notify all appropriate agencies and individuals, including but not limited to adjoining property owners, of the receipt of any application filed for a biosolids permit.

(2) Applicants shall be notified of incomplete or inaccurate applications within thirty (30) working days after the date of the filing of the application. The applicant may make the necessary corrections and additions and resubmit the application within thirty (30) days of notification.

(3) Upon receipt of an application for a biosolids permit which the Department finds to be complete, the Department shall either approve or deny same in days of the date of the mailing of written decision a timely fashion. Written notice of the approval or denial of an application for a biosolids permit shall be given by mail to the applicant at the address shown on the application.

(e) Term of permits. Biosolids permits shall remain valid for the calendar year in which the permit is issued. (§ 1, Ord. 1204, eff. January 16,

(a) A biosolids permit may be summarily suspended or revoked by the Department when unforeseen adverse conditions make the use of biosolids inconsistent with the purpose and intent of this chapter or 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 elsewhere in this chapter or in County ordinance. If the Department suspends or revokes the 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.

(b) The applicator may appeal any revocation 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 (10) calendar days after notice of the revocation has been delivered. Unless the Department finds the grounds for the revocation to constitute an immediate threat to public health and safety, any revocation by the Department shall be stayed during the pendency of an appeal therefrom which has been properly and timely filed. 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 sixty (60) calendar days following receipt of such written request, and shall give the applicant and the Board of Supervisors at least thirty (30) calendar days written notice of the time, date, and place of the hearing. After the Hearing, the Board of Supervisors shall issue its written decision and findings on the appeal within thirty (30) calendar days after the close of the hearing. Such decision will be final.

(c) Any legal action seeking to set aside the decision of the Board of Supervisors with regard to any biosolids permit shall be filed within thirty (30) days of the date of the mailing of written decision and findings of the Board of Supervisors Any such action shall be brought pursuant to the provisions of California Code of Civil Procedure, Section 1094.5 et seq. (§ 1, Ord. 1204, eff. January 16, 1997)

(a) Fees shall be paid to the County, in an amount set by Resolution adopted by the Board of Supervisors for the following activities: Any application for a biosolids permit; any preapplication conferences; any appeals filed under the provisions of this chapter; any other activities relating to the processing of an application for a biosolids permit; the monitoring and/or enforcement of any permit; and/or the use of biosolids within the County. 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 administrating or enforcement of this chapter passed on to Yolo County residents. Application fees shall be due upon submittal of application.

(b) All costs of laboratory analysis of biosolids, soil, water and vegetation samples collected by the Department shall be the responsibility of and shall be paid by the applicant. (§ 1, Ord. 1204, eff. January 16, 1997)

(a) Any fee required by or any cost incurred by the County in accordance with this shall be paid by the permittee within thirty (30) days following the billing date.

(b) If any fee or cost specified is not paid within thirty (30) days from the date of mailing of any billing, the permittee shall pay a penalty. A penalty fee of ten (10%) percent of the initial billing will be imposed upon its delinquency. If the permit fee is not paid within sixty (60) days of the initial billing the penalty fee will be increased to fifteen (15%) percent and the permit may be suspended until the fees and/or costs and penalties are paid, or the permit may be revoked. (§ 1, Ord. 1204, eff. January 16, 1997)

(a) Prior to the issuance of a biosolids permit and the application of biosolids to any land within the County, the applicator shall obtain insurance for the amounts and types of coverage as provided herein. The applicator shall at all times during the term of its biosolids permit maintain in full force and effect a policy of Workers’ Compensation insurance; a policy of General Liability insurance in a minimum of One Million and no/100ths ($1,000,000.00) Dollars; a policy of auto liability covering personal injury and property damage in a minimum of One Million and no/100ths ($1,000,000.00) Dollars; and a policy of pollution insurance, covering personal injury, property damage and clean up liability in a minimum of Two Million and no/100ths ($2,000,000.00) Dollars.

All insurance shall be by insurers acceptable to the County. Evidence of insurance in the form of certificates of insurance or in such other form as may be required by the Department and/or County Counsel shall be provided prior to the issuance of a biosolids permit and before commencement of the application of any biosolids to any real property within the County. 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, 30 days notice will be given the certificate holder.”

The County shall not be liable for the payment of premiums or assessments on the policy.

(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) All insurance policies shall state that they shall not be canceled without thirty (30) days prior written notice to the County.

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

“The County of Yolo, its 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 this activity described herein.”

(e) The general liability and pollution liability insurance policies shall be written on an “occurrence basis,” provided however, that “claims made policies” shall be accepted by the County where the policy expressly provides that it shall provide coverage for any claim made or filed for a period of thirty-eight (38) months from the termination of the biosolids permit for which the insurance policy provides coverage.

(f) The Department, County Counsel and County Risk Manager shall review all insurance policies to assure compliance with the provisions of this section. (§ 1, Ord. 1204, eff. January 16, 1997)

(a) Security bond. Prior to the issuance of a biosolids permit and the application of biosolids to any land within the County, the applicator shall furnish a corporate surety bond as security for performance under the biosolids permit and any enforcement, monitoring or clean up that the County may undertake or require. The purpose of the bond is to provide financial resources to Yolo County in the event of noncompliance 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. Yolo 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.

(d) The Department, County Counsel and County Risk Manager shall review the bond to assure compliance to this chapter. (§ 1, Ord. 1204, eff. January 16, 1997)

Technical standards governing biosolids application rates, cumulative soil metals, etc. shall be as established by the Regional Water Quality Control Board and 40 Code of Federal Regulations, Part 503 or its revisions. (§ 1, Ord. 1204, eff. January 16, 1997)

Whenever any provision of this chapter requires soil sampling, testing, analysis and/or monitoring, it shall be performed in a manner as set forth below and consistent with generally accepted principles and standards.

(a) Under the supervision of certified professional personnel, all samples for the purpose of testing, analysis or monitoring shall be collected and handled in accordance with established methods and standards (i.e., agronomist, geologist, chemist, environmental health specialist, certified laboratory personnel, etc.).

(b) Biosolids testing shall be performed consistent with the following:

(1) Representative samples shall be collected on a daily basis from each wastewater treatment plant producing biosolids proposed for or actually applied to land in Yolo County and shall be composited to form a monthly composite sample which shall be analyzed for land application parameters as follows:

Total Kjeldahl-Nitrogen, Ammonium-Nitrogen, Nitrate Nitrogen, Organic-Nitrogen, Total Potassium, Total Phosphorus, Total Copper, Total Lead, Total Cadmium, Total Zinc, Total Nickel, pH (1:1), Total Solids, Total Boron, Total Arsenic, Total Chromium, Total Molybdenum, Total Sodium, Total Selenium and Total Mercury.

(2) Biannual biosolids monitoring. Representative samples from each wastewater treatment plant which generates biosolids to be applied to land in Yolo County, shall be composited and analyzed a minimum of twice per year, unless otherwise indicated, for the following, unless the biosolids has been stockpiled longer than five (5) years, in which case additional testing may be required. The Department may require additional testing for specific constituents (e.g., radioactivity) if it determines that wastewater treatment plants may be processing waste containing those contaminants.

* The Department 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 at a frequency rate of no more than once per year, unless significant concentrations are detected or if other factors indicate in the judgement of the County that additional testing is required or reasonably beneficial to serving the purposes of this chapter.

To be reported as dry weight corrected for percent moisture.

(3) Class A/Class B pathogen requirements. Applicator shall provide documentation to verify Class A/Class B certification. Records and biosolids analyses results shall be made available to the Department upon request for the purpose of verifying Class A/Class B pathogen compliance.

(c) Soil testing. Soils on application sites will be sampled and analyzed by the applicator for metals and cation exchange capacity prior to initial application of biosolids.

(1) Sampling procedures. The surface soil will be sampled at a depth of zero (0”) to eight (8”) inches. The sample will consist of a minimum of twenty (20) individual cores taken from a location in the field. Surface litter will be removed before collecting a core, to ensure only mineral soil is sampled. Obvious anomalies such as wet spots, turn rows and minor soil textural inclusions will not be sampled. The number of soil samples will be determined by the Department prior to sampling and will depend on the field size, and soil types. Samples will be taken on a grid at random locations as approved by the County.

(2) Analysis.

Soils will be analyzed for the following parameters: Olson’s extractant for Phosphorus, Ammonium Acetate for Potassium, saturated paste pH, saturated paste extract, Calcium, Magnesium, and Sodium, Total Zinc, Total Copper, Total Cadmium, Total Chromium, Total Lead, Total Mercury, Total Nickel, Total Nitrogen, Total Sulfur, Total Selenium and Total Boron.

(d) Forage vegetation. Additional sampling may be required by the Department for nutrients and/or elements contained in forage vegetation being fed to animals.

(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 1010, 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.

(f) Ground water testing. The Department shall have the authority to require an applicator to conduct ground water testing where the Department deems such information to be desirable in the administration and implementation of this chapter. (§ 1, Ord. 1204, eff. January 16, 1997)

(a) Application records. Application records shall be prepared and maintained by the applicant for five (5) years.

A record shall be maintained of each load of biosolids stating, the load size, the time, date and specific location where each load of biosolids was delivered in Yolo County and stating the source of the biosolids, and the application method.

(b) Site reporting (post-application). Site reports shall be prepared and maintained for five (5) years for each field that received biosolids. 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 constituents applied current year to date, total pounds per acre (Ibs/acre) applied and lifetime limit where applicable pursuant to 40 CFR, Part 503 or Regional Water Quality Control Board standards:

Nitrogen, Lead, Copper, Nickel, Mercury, Cadmium, Zinc, Arsenic, Chromium, Molybdenum, Boron, Selenium, and Sodium.

(c) Report submission.

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

(2) Site Reports shall be submitted within sixty (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. The report shall include: a summary of the quantity (tons), the source of the biosolids, 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.

Results of analyses performed in accordance with the monitoring requirements of Section 6-12.11 shall also be submitted to the County on electronic media (computer diskette) in a format amendable to data analysis by the County (common database format). (§ 1, Ord. 1204, eff. January 16, 1997)

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:

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

(b) Inspect any monitoring equipment or observe any monitoring method required in this chapter or application permit;

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

(d) Enter any site where biosolids is 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;

(e) Obtain any photographic documentation or evidence;

(f) Generally inspect, observe, and monitor the biosolids application operation. (§ 1, Ord. 1204, eff. January 16, 1997)

The Department is authorized to enforce the provisions of this chapter. The Department shall issue a report to the Board of Supervisors relating to the implementation of the biosolids program when deemed necessary. (§ 1, Ord. 1204, eff. January 16, 1997)

Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor and is subject to the penalties set forth in Chapter 2 of Title 1 of the Yolo County Code. (§ 1, Ord. 1204, eff. January 16, 1997)

In addition, any violation of this chapter may be deemed by the Department to be a public nuisance, and may be abated, or enjoined by the Department, irrespective of any other remedy herein provided. (§ 1, Ord. 1204, eff. January 16, 1997)