It is the purpose and intent of this chapter to regulate the
agricultural land application of sewage sludge on unincorporated areas
of Merced County in a manner that is consistent with agronomic rates,
which protects public health, ground and surface waters, agricultural
markets, and sensitive wetland and habitat areas. Sludge may contain
heavy metals, pathogenic organisms, and chemical pollutants. To protect
critical ground water basins and food production areas, this chapter
provides local control and assures that safe land-spreading practices
of sludge will be observed. Further, it is the intent of this chapter
to minimize the regulatory permitting of multiple agencies by combining
Federal, State and local sludge requirements into a single regulation
enforced by one agency.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
Whenever in the chapter the following terms are used, they shall
have the meanings respectively ascribed to them in this section.
means a rate at which sludge 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).
means any person, company, organization, or other legal entity
engaged, or about to become engaged with the placement of sludge on
land at a controlled rate for the purpose of reusing sludge and enhancing
the growth of plants in accordance with the provisions of this chapter.
means sewage sludge meeting the Class A pathogen reduction
requirements listed in 40 CFR, Part 503, Section 503.32 or its revisions.
means sewage sludge meeting the Class B pathogen reduction
requirements listed in 40 CFR, Part 503, Section 503.32 or its revisions.
means the county of Merced, state of California.
means the department of public health, division of environment
health of the county of Merced.
means a discrete, discernable, and identifiable individual
piece of land used for crop production, designated or under consideration
for sludge use.
means a channel for floodwater as determined by the Reclamation
Board of the state of California or by the Federal Emergency Management
Agency.
means those crops consumed by humans.
means the operator of the site involved in production of
agricultural crops.
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.
means the placement of sewage sludge, on agricultural land
intended to support vegetative growth.
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 non-profit.
means a process to further reduce pathogens as defined by
40 CFR 503.
means a process to significantly reduce pathogens as defined
by 40 CFR 503.
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.
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.
means any residue, excluding grit or screenings, removed
from waste water, whether in a solid, semi-solid or liquid form. Sludge
as used in this regulation excludes sewage sludge that is sold or
given away in a bag or similar enclosure for home use.
means the location on a site, where sludge is 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
Sludge Management Plan and Site Plan.
means a process which alters, modifies, or changes the biological,
physical or chemical characteristics of sewage sludge.
means any motorized or non-motorized conveyance used to transport
sludge on public highways.
means a facility designed and constructed to receive, treat,
or store sewage combined with waterborne waste.
(Ord. 1454, 1993; Ord. 1455, 1993; Ord. 1505, 1994)
Before any person may apply sludge in the unincorporated areas
of Merced County the sludge must meet the following standards:
A.
The
wastewater treatment plant generating the sludge 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 waste water treatment plant.
B.
Sludge
to be applied must meet the following standards:
1.
Class
A pathogen requirements in 40 CFR, Part 503 or its revisions.
2.
One
of the vector attraction reduction requirements identified in 40 CFR,
Part 503 or its revisions.
3.
The
pollutant limits in 40 CFR, Part 503, § 503.13 or its revisions
and State standards established by the Regional Water Quality Control
Board.
(Ord. 1454, 1993; Ord. 1505, 1994)
Sludge application shall meet the following requirements:
A.
The
discharge of sludge 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 sludge application is prohibited for 30
days following Class A Sludge and 90 days following Class B Sludge
application, to minimize the change of sludge being carried from the
application site to surface waters.
C.
Land
application of sludge 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 sludge classified as "hazardous" or "designated", as
defined in § 2521 (a) and § 2522 (a) 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 property lessee and/or property owner shall be responsible
for compliance.
F.
Application
of sludge shall only occur on sites approved for sludge application
by the Department.
G.
The
approval of a Sludge Management Plan and the granting of a Sludge
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 sludge 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 sludge application on sensitive habitat or resource areas,
as well as on unincorporated urban areas of the County, the approval
of a Sludge Management Plan and/or the granting of a Sludge Application
Site Permit for sludge 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 County Planning Department determines, based
on the habitat resource maps in the General Plan Open Space element,
that a proposed sludge 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 Merced County acting as Lead Agency.
The applicant for a Sludge 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 Sludge Management Plans
and Sludge Application Site Permits referred by the County Environmental
Health Division, the County 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 a sludge 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 sludge 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.
Sludge
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:
I.
Sludge
shall be land spread within 24 hours of arrival at the site, and incorporated
into the soil within 24 hours thereafter.
J.
Sludge
shall not be applied on slopes exceeding 15 percent. For slopes greater
than 2 percent, parallel discing to slope contours is required to
inhibit erosion.
K.
Staging
areas and sludge 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.
L.
Sludge
shall not be applied to soils where depth to groundwater is less than
five feet from the soil surface.
M.
Sludge
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
sludge or soil has an adequate moisture content as determined by the
Department. In addition, the application and incorporation of sludge
shall comply with the local air district regulations including but
not limited to, PM-10 and fugitive dust rules, if applicable.
N.
Sludge
applications shall be limited to once per crop.
O.
Application
of sludge 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 sludge shall cause a nuisance
or degrade groundwater/surface water.
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 land owner are desirous of, and consent
to receiving sludge.
T.
The
applicator shall notify the Department in writing, by facsimile transmission
of each delivery of sludge to the site, or otherwise at least 24 hours
in advance.
U.
The
area at the site to receive sludge application, shall be clearly marked
with stakes or other prominent markers before the sludge application.
V.
Maintenance
Yard in Merced County.
1.
Sewage
sludge transportation vehicle parking or parking/service yards in
Merced County shall be maintained in a clean and safe condition.
2.
Vehicle
washing facilities in Merced 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.
Y.
Vehicles.
1.
Each
vehicle used to transport or apply sludge 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 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 sludge shall be maintained in a neat and clean condition
and in sound mechanical condition. All loads shall be fully tarped.
Vehicle exteriors shall be free of sludge 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 sewage
sludge until it has been cleared in writing by the Department for
return to service.
Z.
Sludge
staging areas shall be restricted to sites approved for sludge application.
Staging areas may not be located in buffer zones. All sludge 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 sludge so that application rate within the staging area is equivalent
to the approved application rate for the site.
AA.
Storage
of sludge at the permitted site, longer than 24 hours, will require
a Conditional Use Permit and/or solid waste facility permit.
(Ord. 1454, 1993; Ord. 1505, 1994)
A.
No person
shall apply sludge in the unincorporated areas of the County without
first having obtained approval of a Sludge Management Plan and been
issued a Sludge Application Site Permit from the Department and having
paid all fees.
B.
Applications
for Sludge Management Plan Approval. The Sludge 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 sludge application.
Applications for Sludge Management Plan approvals shall be made
to the Department upon forms provided by the Department, shall be
accompanied by an application 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 applicant.
2.
Type
of organization such as sole proprietorship, partnership, joint venture,
corporation, business, trust, or company including names, home addressees
and percentage of ownership of all owners and officers. Information
as to ownership interest of less than 1% need not be provided.
3.
Identification
of the local manager and responsible office personnel.
4.
A
statement setting forth facts demonstrating that the applicant 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 Merced County shall be documentation
indicating these facilities are properly zoned and constructed consistent
with appropriate local ordinances.
5.
A
statement regarding the applicant's experience and capability in the
collection and transportation and application of sludge.
9.
Sludge
Characteristics:
a.
Description of the characteristics of the sludge proposed to be applied,
including a certification that the sludge has been treated to Class
A or Class B pathogen requirements as set forth in 40 CFR 503, et
seq.
b.
Source of sludge (including names of each wastewater treatment plant
from which the sludge 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 sludge 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 sludge on roadways.
j.
Nuisance avoidance measures.
12.
Name of water delivery and/or drainage agency in whose jurisdiction
the sludge is applied.
13.
Any other relevant information requested by the Department.
C.
Application
for Sludge Application Site Permit. A site permit application shall
be submitted after the Sludge Management Plan is approved. The site
permit application 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 land owner with written
proof of lessee and land owner agreeing to sludge 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 (pursuant
to 40 CFR 503) and buffer zones for occupied dwellings, property lines,
roads 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 sludge 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 sludge 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.
10.
The application form will include a space for the applicant to obtain County 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 §9.52.035G9.52.035G)].
11.
Slope of ground.
12.
Surface water protection measures.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
A.
Applicants
shall be notified on incomplete or inaccurate applications within
10 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 30 days of notification. Bond and insurance
certificates must be supplied prior to approval.
B.
Written
notice of the denial of an application for a Sludge Management Plan
or Sludge Application Site Permit, shall be given by personal delivery
or by mailing by certified mail to the applicant at the address on
file with the Department. The Department shall review the completed
Sludge Management Plan application and shall approve or reject the
plan with 20 days. The Department shall approve or reject a completed
Site Permit Application within 20 days.
C.
The
Department shall approve the Sludge Management Plan if the plan complies
with this chapter and all local, state and federal laws and regulations
unless the Department finds the applicant has shown:
D.
Approvals
granted for Sludge Management Plans shall be valid for a period not
exceed five years, abut may be issued for any period of less that
in five years, and shall be reviewed annually.
E.
Sludge
Application Site Permit shall remain valid as long as the Sludge Management
Plan is in force and effect and fees are paid.
F.
A Sludge management Plan Approval or Sludge Application Site Permit may be revoked by the Department when the applicator has violated an 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 §9.52.180. If the Department revokes the Sludge Management Plan Approval or Sludge 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.
G.
The
applicator may appeal such 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 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, 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 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. After the 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. 1454, 1993; Ord. 1505, 1994)
A.
There
shall be fees required to obtain consideration of: (1) the Sludge
m Management Plan; (2) for a Sludge Site Permit Application; (3) To
monitor sludge under the provisions of this Chapter; and (4) appeal
fee, 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 Merced County growers or residents. Initial application
fees shall be due upon submittal of application.
B.
All
reasonable costs of laboratory analysis of sludge, soil, water and
vegetation samples collected by the Department shall be paid by the
applicant.
(Ord. 1454, 1993; Ord. 1505, 1994)
A.
The
delinquency date of any fee required by the Chapter, in the case of
permitted sites, shall be the thirtieth (30th) day following the initial
billing date, and shall be paid by a person holding a Sludge 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. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
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 $1,000,000 General Liability insurance, a minimum auto
liability of $1,000,000, covering personal injury and property damage,
and a minimum of $1,000,000 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 sludge 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 Merced, 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. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
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 Merced 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 sludge application as set forth in the application
and permit. Merced 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. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
Technical standards governing sludge 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. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
A.
Sludge
testing.
1.
Routine.
Each sludge 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), Ammonia, 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
Sludge Monitoring: Representative samples from each Wastewater Treatment
Plan which generates sludge to be applied to land in Merced County
shall be composited and analyzed a minimum of twice per year, unless
otherwise indicated, for the following unless the sludge has been
stockpiled longer than five 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
|
Constituent
|
Units*
| |
|---|---|---|
|
Percent Total Solids (Monthly)
|
%
| |
|
Nitrogen (Monthly)
|
| |
|
Ammonia
|
mg/kg
| |
|
Nitrate
|
mg/kg
| |
|
Total Kjeldahl
|
mg/kg
| |
|
Organic
|
mg/kg
| |
|
Chlorinated Pesticides and PCBs**
| ||
|
(EPA Method #8080)
|
| |
|
Base/Neutral Extractable Organic Priority Pollutants***
| ||
|
(EPA method #8270)
|
| |
|
Phosphorus (Monthly)
|
mg/kg
| |
|
Potassium (Monthly)
|
mg/kg
| |
|
pH (Monthly)
|
pH units
| |
|
Heavy metals **** (Monthly)
|
mg/kg
| |
|
Boron (Monthly)
|
mg/kg
| |
|
Fecal Coliform
|
MPN/gram dry weight
| |
|
Dioxin (EPA #8290)**
|
pg/L
| |
|
Furan**
|
---
| |
|
Asbestos**
|
% Fibers
| |
|
Notes:
| |
|---|---|
|
*
|
To be reported as dry weight corrected for percent moisture.
|
|
**
|
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.
|
|
***
|
See Fn ** on previous page.
|
|
****
|
Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Molybdenum.
Nickel, Selenium, and Zinc.
|
3.
Class
A/Class B Pathogen Requirements: Records and sludge analyses results
shall be made available to the Department for the purpose of verifying
Class A/Class B 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 sludge, and pretor to subsequent applications.
1.
Sampling
Procedure: The surface soil will be sampled at a depth of 3 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 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.
D.
Vadose
Zone Monitoring: Vadose Zone Monitoring shall be conducted pursuant
to Regional Water Quality Control Board requirements.
E.
Laboratory
Testing: All sludge, water, soil and vegetation analyses must be conducted
by a California State Department of Health Services accredited laboratory,
pursuant to Health and Safety Code § 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.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
A.
Application
Records. Applications records shall be prepared and maintained by
the applicant. A record shall be maintained of each load of sludge
received, the load size, time of day, the application site where the
load was taken, the source of the sludge, and the application method.
B.
Site
Reporting (Post-Application). Site reports shall be prepared for each
field that received sludge during a reporting period. The site report
shall state:
1.
Location
of field.
2.
Tons
of wet sludge per acre and Tons of dry sludge per acre applied.
3.
Soil
cation exchange capacity.
4.
Number
of acres.
5.
Types
of crops grown on land which sludge is applied.
6.
Amount
applied to date for the year.
7.
Lifetime
amount of sludge 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 sludge applied in the County.
3.
Annual
reports shall be submitted by 1 March for the preceding calendar year.
The report shall include: a summary of the quantity (tons), sludge
source, and location of application for each field on which sludge
was 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. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
As a requirement of the issuance of a permit under this chapter,
the applicator, farm operator, land owner or lessee shall agree to
allow the Department or other regulatory agencies at reasonable times
and upon presentation of credentials to:
A.
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.
B.
Have
access to and copy any records required to be kept under the terms
and conditions of this chapter or application permit.
C.
Inspect
any monitoring equipment or observe any monitoring method required
in this chapter or application permit.
D.
Inspect
any collection, transport vehicles, treatment, pollution management,
or control facilities required under this chapter or application permit.
E.
Enter
any site where sludge is proposed to be used or has been used or stored
and sample any ground or surface waters, soils, vegetation, sludge
or other materials on the site; and,
F.
Obtain
any photographic documentation or evidence.
G.
Generally
inspect, observe, and monitor the sludge application operation.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
Land application of untreated septage in the unincorporated
areas of the County is prohibited.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
No person shall apply sludge to land within the unincorporated
areas of Merced County following the effective date of this chapter
without being in full compliance with all terms and conditions of
this chapter. Those Applicators with a current waste discharge permit
shall have 60 days from the date of adoption of this Chapter by the
Board of Supervisors to comply with the provisions thereof.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
The department is authorized to enforce the provisions of this
chapter. The department shall issue an annual report to the board
of supervisors relating to the implementation of the sludge program.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
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 1.28 of the Merced County Code.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
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.
(Ord. 1454, 1993; Ord. 1488, 1994; Ord. 1505, 1994)
