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)
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)
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)