It is the purpose and intent of this chapter to regulate the transportation and application of manure in designated areas of the City.
(Ord. 18 § 2, 2008, RCC § 8.92.010)
As used in this chapter:
means manure applications that do not exceed nitrogen fertilizer rates for the crop to be grown as accepted by the Commissioner.
means the Agricultural Commissioner for the City or his or her designated representative.
means the Department of Environmental Health for the City.
means the Director of the Department of Environmental Health or his or her designated representative.
means any person, firm, company, business, city, county, district, special district including a water district, sole proprietorship, partnership, joint venture, trust, association, limited liability corporation or corporation whether for profit or nonprofit that owns, leases, occupies, is authorized by the property owner to conduct farming activities or otherwise controls real property within the City.
means any bulk, unbagged substances composed primarily of animal excrement (excluding human excrement).
means any person that owns the agricultural livestock that produce manure.
means any person that transports, in a vehicle with a capacity in excess of one ton, manure from the generation site to the application site.
means manure that is not tainted by the incorporation of foreign material. Quality manure shall not contain solid, hazardous or medical wastes.
(Ord. 18 § 2, 2008, RCC § 8.92.020)
A.
No manure transporter shall deliver manure to a site for the purposes of disposal, land application or storage within the City generally subject to regulation by the Santa Ana and San Diego Regional Water Quality Control Boards and specifically defined and enclosed by the City unless the land owner of the site has a current and valid exemption as issued by the Commissioner.
B.
No manure transporter shall deliver manure to a site within the area noted in this chapter without having in the possession of the driver each of the following: (1) a copy of a valid exemption for the site issued by the Commissioner; (2) the written permission from the land owner if not a part of the exemption; and (3) a copy of the delivery contract between the transporter and the land owner or occupant.
C.
No land owner shall accept manure or knowingly allow manure to be deposited on land owned or controlled by him or her in areas prohibited under this chapter.
D.
No manure transporter, manure applier or land owner, including tenant or occupant shall transport, apply or allow the application of manure in a manner that may violate any conditions established through an exemption issued by the Commissioner, the standards established through this chapter, or other laws or regulations.
(Ord. 18 § 2, 2008, RCC § 8.92.030)
The following sites shall be exempted from the prohibitions:
A.
Agricultural sites operated in conjunction with a public school with a recognized agricultural training program or curriculum.
B.
Agricultural sites contiguous to, and owned by the operator of, a facility operating as an animal feeding operation under waste discharge requirements issued by the local regional water quality control board.
C.
A tree or vine farming operation considered active by the Commissioner.
D.
Operating farms within the prohibition area shall be exempted from Section 8.72.030(A) if all of the following conditions are met:
1.
The site or sites have been registered with the Agricultural Commissioner for the City, using criteria including, but not limited to that below. An application for approval to apply manure pursuant to these exemptions shall be filed with the Agricultural Commissioner on forms provided by his or her office.
2.
The site has a minimum of five acres of tillable soil or as otherwise accepted by the Commissioner.
3.
There is a distance not less than one-quarter mile from all public schools in session during the time in which manure is to be applied and incorporated.
4.
The manure application is conducted by or for the operating farm, at agronomic rates, using only quality manure. The rate of application, expressed in tons per acre and average depth in inches shall be as approved by the Commissioner.
5.
The time frame for planting crops following the application of manure, and type of crops to be planted, shall be as approved by the Commissioner.
6.
No application for exemption shall be applied for, nor manure applied or deposited, without the expressed written permission of the land owner of the property. Permission shall be dated and shall specify a time period to apply the manure.
7.
The land owner has demonstrated conformity with the "Standards for Manure Use At Approved Sites" in prior manure applications under this chapter.
8.
The Commissioner shall review applications received considering all applicable conditions of this chapter. Prior violations of this chapter shall be considered justification for denial of said application. A decision to approve or deny the exemption shall be made within 10 working days of receipt of a complete application. Upon approval, an exemption shall be valid for up to one year from the date of approval.
9.
Exemptions issued by the Commissioner prior to the effective date of the ordinance codified in this chapter shall become null and void on the date the ordinance codified in this chapter becomes effective.
E.
A list of approved exempt sites shall be maintained by the Commissioner, and shall be available for public inspection upon request. The list shall include approval date, site location, date(s) of manure application and expiration date for each exemption. Any additions or deletions to the list shall be forwarded to the Department within one working day of said change.
(Ord. 18 § 2, 2008, RCC § 8.92.040)
A.
Manure shall not be transported or applied to sites located less than one-quarter mile from a public school on days when that school is in session.
B.
Manure shall not be applied within 100 feet of any well.
C.
Manure shall be spread evenly across the entire site, at rates no greater than those approved in the registration with the Commissioner.
D.
Upon application, manure shall be promptly incorporated into the soil by discing or other suitable tillage within the timelines set out below. Incorporation shall be continuous until completed. Manure incorporation shall be thorough to a depth of no less than six inches unless otherwise approved by the Commissioner, including residues in staging areas and shall be the responsibility of the land owner. Manure shall be incorporated when applied:
1.
Within one-quarter mile of school; before school is back in session.
2.
At all other sites of less than 20 acres within 48 hours of delivery.
3.
For sites of 20 acres or more, manure incorporation shall commence no less than seven days after the first delivery of manure and shall be completed within seven days of the final delivery to the site unless otherwise authorized by the Commissioner.
E.
Manure shall not be applied in windy or wet conditions, or other conditions which would inhibit effective incorporation into the soil.
F.
Manure is to be applied and crops shall be planted in accordance with the schedules included in the exemption application to the Commissioner.
G.
A notice of intent to apply shall be submitted to both the Commissioner and the department no less than 48 hours prior to the first delivery of manure. This notice may be via fax or other delivery on a form approved by the Commissioner or via telephone.
(Ord. 18 § 2, 2008, RCC § 8.92.050)
Vehicles used by the transporter shall be required to meet the following requirements of this section at any time manure is being transported within the areas covered by this chapter.
A.
Vehicles used for manure transportation shall be designed, constructed and maintained to eliminate the potential for spillage and shall have suitable load covers.
B.
The name (or D.B.A.) and address or phone number of the person to whom the permit is issued shall be printed on both sides of the vehicle. The letters shall be a minimum of three inches in height and fully visible and legible at all times.
C.
Vehicles shall have a current vehicle registration issued by the State of California and liability coverage as required by state law.
(Ord. 18 § 2, 2008, RCC § 8.92.060)
A.
Violations by any person, firm, partnership, association, or corporation of any of the provisions of this chapter constitute an infraction or misdemeanor as hereinafter specified. Each day of violation shall be considered a separate offense. Upon conviction thereof, the person or entity shall be subject to a fine of $100.00 for the first offense; $200.00 for the second violation within a one-year period; and $500.00 for each additional violation within the same one-year period, or fines as otherwise established by state law. Fourth and additional violations within a one-year period shall each constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000.00, or six months in jail, or both.
B.
Notwithstanding the above, a first or subsequent offense may be charged and prosecuted as a misdemeanor. Payment of any penalty provided herein shall not relieve a person, as defined, of the responsibility of correcting the conditions considered as a separate and distinct offense.
(Ord. 18 § 2, 2008, RCC § 8.92.070)
In addition, any violation of this chapter is deemed to be a public nuisance and may be abated or enjoined by the Director or his or her designee, irrespective of any other remedy herein provided.
(Ord. 18 § 2, 2008, RCC § 8.92.080)