There are unanswered questions about the safety, environmental effect, and proper implementation of land application of biosolid/sewage sludge, even when applied in accordance with federal and state regulations. Biosolid/sewage sludge may contain heavy metals, pathogenic organisms, chemical pollutants, and synthetic organic chemicals, which may pose a risk to public health and the environment if improperly handled. Land spreading of biosolid/sewage sludge may pose a risk to land, air, water, to human and animal health, and may cause a loss of confidence in agricultural products from Stanislaus County.
In order to promote the general health, safety, and welfare of Stanislaus County and its inhabitants, it is the intent of this chapter that land application of biosolid/sewage sludge shall be prohibited in the unincorporated area of Stanislaus County on private property except as specified in this chapter.
(Ord. CS 681 §2, 1998)
The ordinance codified in this chapter is adopted pursuant to the police power of the county as set forth in Article XI, Section 7, of the California Constitution. The United States Environmental Protection Agency recognizes, in Title 40 Code of Federal Regulations Part 503, that local circumstances throughout the nation are unique and that local governments retain the power and authority to regulate biosolid/sewage sludge in a manner that they deem best that protects plants, animals, the environment, and people.
(Ord. CS 681 §3, 1998)
A. 
"Director" is the Director of Environmental Resources and designated representatives.
B. 
"Land application" means the spraying or spreading of biosolid/sewage sludge onto the land surface; the injection of biosolid/sewage sludge below the surface; or the incorporation of biosolid/sewage sludge into the soil so that it can either condition the soil or fertilize crops or vegetation grown in the soil.
C. 
"Person" means any natural person, firm, business, city, county, district, special district, sole proprietorship, partnership, joint venture, trust association, or corporation whether for profit or non-profit.
D. 
"Biosolid/sewage sludge" means any residue, excluding grit or screening, removed from waste water, whether a solid, semisolid, or liquid residue, generated during the treatment of domestic or industrial sewage in a waste water treatment facility. Biosolid/sewage sludge includes, but is not limited to, solids removed in primary, secondary, and tertiary waste water treatment processes; or a material derived from sewage sludge. Biosolid/sewage sludge means biosolid/sewage sludge that has undergone treatment and/or processing which includes co-compost and Class A exceptional quality, Class A and Class B. Biosolid/sewage sludge as used in this chapter does not include organic cannery waste.
Biosolid/sewage sludge as used in this chapter excludes biosolid/sewage sludge products that are in a bag or container packaged for routine retail sales through regular retail outlets which are primarily used for residential landscaping.
E. 
"Treatment" means a process which alters, modifies, or changes the biological, physical, or chemical characteristics of sewage sludge.
F. 
"Waste water treatment plant" means a facility designed and constructed to receive, treat, or store sewage combined with water-borne waste.
G. 
"Class A biosolid/sewage sludge" means sewage sludge meeting the Class A requirements listed in Title 40 Code of Federal Regulations, part 503, or its revisions.
H. 
"Class B biosolid/sewage sludge" means sewage sludge meeting the Class B requirements listed in Title 40 Code of Federal Regulations, part 503, or its revisions.
I. 
"Class A exceptional quality biosolid/sewage sludge" (A EQ) means sewage sludge meeting the Class A requirements listed in Title 40 Code of Federal Regulations, part 503, or its revisions, and with metals concentrations not exceeding Table 3, Section 503.13, or its revisions.
J. 
"Board" means Stanislaus County Board of Supervisors.
K. 
"Co-compost" means any organic material that has a measurable amount of biosolid/sewage sludge added to it or combined with it.
L. 
"Private property" means all property that is not owned by the federal government, state, county, cities or school districts.
(Ord. CS 681 §4, 1998)
A. 
The land application or discharge on land of biosolid/sewage sludge (including but not limited to co-compost, Class A EQ, Class A and Class B) is upon the effective date of the ordinance codified in this chapter prohibited in the unincorporated areas of Stanislaus County.
B. 
The discharge of biosolids/sewage sludge (including but not limited to co-compost Class A EQ, A and B) to surface waters or surface water drainage courses, including wetlands and water ways, is prohibited in the unincorporated areas of Stanislaus County.
(Ord. CS 681 §5, 1998)
A. 
Public entities may with the written consent of all related landowner(s) present formal research site proposals to the director that have been approved by an agency generally recognized in the scientific community as having a special expertise in conducting scientific studies in field experiments.
B. 
The proposal must describe and identify the parcel(s) upon which the research is being proposed, identify the entity. responsible for conducting the scientific research and clearly describe the goal(s) of the research, how the research is to be funded, monitored, evaluated, the anticipated term and have a plan with a funding source designated for the elimination of contamination if it occurs.
C. 
Research site(s) size and acreage must be justified in the application and limited to what is scientifically necessary in order to obtain meaningful scientific data as recommended by the research team. Research sites shall not exceed two hundred forty acres. Gross acreage at any one time under research shall not exceed one thousand acres.
D. 
No commodities grown with the aid of biosolids/sewage sludge under the provisions of this section shall be distributed for animal or human consumption, except as a part of the research project.
E. 
Proposals, along with an application fee to be established by the board, shall be submitted to the director for processing as follows:
1. 
The proposal shall be required to comply with the California Environmental Quality Act.
2. 
A staff report and recommendation on the proposal shall be prepared that evaluates if all the criteria set forth in Section 9.34.050 has been met and if the environmental documentation is adequate.
3. 
The proposal, along with a written staff report and recommendation, shall be presented to the board for their consideration. Board action will only be taken after public input has been received at a full public hearing. The board may approve the proposal as submitted or as modified by board imposed conditions. A majority vote of the entire board is necessary for approval.
F. 
Notice of the public hearing before the board on all proposed biosolids/sewage sludge scientific project research sites shall be given as follows:
1. 
By the mailing, at least ten days prior to the hearing, of notices through the United States Mail, with postage prepaid, to all property owners within three hundred feet of the property on which the proposed use is to be established, as shown on the current assessment roll of the county and using addresses from the last adopted tax roll.
2. 
By the publication of notice in a newspaper of general circulation in accordance with Section 6062a of the Government Code and posting the notice at least ten days before the hearing in a conspicuous place on the property on which the proposed use is to be established and in conspicuous places close to the property.
(Ord. CS 681 §6, 1998)
The administration and enforcement of this chapter shall be the responsibility of the director.
(Ord. CS 681 §7, 1998)
A violation of any provision of this chapter is declared to be a public nuisance subject to abatement pursuant to Section 731 of the California Code of Civil Procedure.
(Ord. CS 681 §8, 1998)
Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than five hundred dollars or by imprisonment of not more than six months or both. Every violation of any provision of this chapter shall be construed as a separate offense for each day during which such violation continues and shall be punishable as provided in this section. The court or county may also demand and require the violator to clean up at the violator's expense any illegally applied or deposited biosolids/sewage sludge and dispose of it in an approved, environmentally safe, and clean manner.
(Ord. CS 681 §9, 1998)
Any violation of this chapter may be deemed to be unfair competition as defined in California Business and Professions Code Section 17200 and may be prosecuted pursuant to the provisions of Chapter 5 of the California Business and Professions Code Sections 17200 et seq. and its revisions.
(Ord. CS 681 §10, 1998)
The remedies provided in this chapter for penalties and enforcement shall be cumulative to each other and not exclusive.
(Ord. CS 681 §11, 1998)
The provisions of this chapter shall supersede the provisions of Section 21.20.030 (B)(3)(e); or of any other county ordinance that deals with the application of biosolids/sewage sludge upon land in the unincorporated territory of the county.
(Ord. CS 681 §12, 1998)
If any clause, provision, sentence, or paragraph of this chapter or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions of this chapter which shall remain in effect, and to this end, it is declared that the provisions of this chapter are severable.
(Ord. CS 681 §13, 1998)
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director has reasonable cause to believe that there exists upon any premises any condition which constitutes a violation of the provisions of this chapter, the director may enter such premises to inspect the same or perform any duty imposed upon the director by this chapter. Prior to making such entry, if the premises are occupied, the director shall first present proper credentials and obtain consent to enter. If such premises are unoccupied, the director shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry. If the owner or occupant refuses entry after a request has been made, the director is empowered to seek assistance from any court of competent jurisdiction in obtaining an inspection warrant authorizing nonconsensual entry.
(Ord. CS 681 §14, 1998)