It is the purpose and intent of this chapter to regulate the agricultural land application of sewage sludge in the unincorporated areas of Tulare County, in a manner that is consistent with agronomic rates and that protects public health and safety, water quality, and agricultural markets. Sewer sludge may contain heavy metals, pathogenic organisms, and chemical pollutants. To protect critical ground water quality and food production areas, this chapter provides local control of sewer sludge spread on land and assures that safe land spreading practices of such sludge will be observed.
(Added by Ord. No. 3166, effective 7-26-96)
Whenever in the Chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section unless the context clearly dictates otherwise:
(a) 
"Agricultural Commissioner"
means the Tulare County Agricultural Commissioner/Sealer or his or her designated representative or deputy.
(b) 
"Applicator"
means any person, company, organization, or other legal entity engaged, or about to become engaged, with the placement or spreading of biosolids on land at a controlled rate for the purpose of and enhancing the growth of plants, in accordance with the provisions of this Chapter.
(c) 
"Biosolids"
means sewage sludge which
(1) 
complies with the Class A biosolids standards in the Federal Rule 40 CFR 503.32(a) or has been stored for at least eighteen (18) months and has been tested to verify it meets the Class A biosolids standards in 40 CFR 503.32(a), and
(2) 
contains constituents in concentrations not exceeding the concentrations listed in 40 CFR 503.13, Table 1 and Table 3, as applicable.
(d) 
"Biosolids, Land Spreading of"
means the beneficial use of biosolids generated by wastewater treatment plants as a soil amendment or fertilizer provided that the biosolids are applied at an agronomic rate and in conformance with Federal Rule 40 CFR 503, Subpart B. Methods of beneficial use shall be limited to incorporation of biosolids into the soil so that the biosolids will either condition the soil or fertilize crops or vegetation grown in the soil.
(e) 
"Biosolids Land Spreading Site Plan"
means map(s) and written information providing specific details on the locational and physical characteristics of a site on which biosolids are to be land spread, in accordance with an approved Biosolids Management Permit.
(f) 
"Biosolids Management Permit"
means a written plan that specifies the method of application of biosolids in conformance with the provisions of this Chapter and the County's Biosolids Land Spreading Regulations adopted from time to time by resolution.
(g) 
"County"
means the County of Tulare, State of California.
(h) 
"County's Biosolids Land Spreading Regulations"
means those regulations adopted from time to time by resolution of the Tulare County Board of Supervisors pertaining to and setting standards and requirements for the land spreading of sewer sludge and biosolids in the unincorporated areas of the County of Tulare.
(i) 
"EPA"
means the U.S. Environmental Protection Agency.
(j) 
"Federal Rule" or "40 CFR Part 503"
means the "Standards for the Use or Disposal of Sewage Sludge, 40 CFR Part 503, Final Rule" adopted by the U.S. Environmental Protection Agency (EPA) on February 19, 1993, in Title 40 of the Code of Federal Regulations Part 503 as amended from time to time.
(k) 
"Generator"
means a person (as defined herein) who generates biosolids during the treatment of domestic sewage in a treatment works.
(l) 
"Nutrient Management Plan"
means the management strategy for nitrogen, phosphorous, potassium, and heavy metals developed for a given site based on the nutrients and metal concentrations in the biosolids to be applied, the background levels in the soil, nutrient requirements of the crop to be planted, and any additional amendments or fertilizers.
(m) 
"Person"
means any person, firm, business, city, county (other than the County of Tulare), district, special district, including a water district, a Public Utility District, sole proprietorship, partnership, joint venture, trust, association, or corporation whether for profit or non-profit.
(n) 
"Sewer or Sewage Sludge"
means a solid, semi-solid, or liquid residue generated during the treatment of sewage in a treatment works or sewage treatment plant. Sewage sludge includes, but is not limited to, septage, scum, or solids removed in primary, secondary, or advanced wastewater treatment processes, and any material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during primary treatment of sewage in a treatment works. As used in this ordinance, the term "Sewage Sludge" does not include sewer sludge to be land applied which has been diluted through composting and is distributed in bags or other similar containers not exceeding one hundred (100) pounds for landscaping purposes or for home use and has been classified as 'exceptional quality biosolids products' in compliance with all applicable State and Federal rules and regulations.
(Added by Ord. No. 3166, effective 7-26-96; Amended by Ord. No. 3186, effective 6-5-97; amended by Ord. No. 3559, effective 6-20-19)
No person shall land spread biosolids or sewer sludge within the unincorporated areas of Tulare County following the effective date of this Chapter except in compliance with all terms and requirements of this Chapter.
(Added by Ord. No. 3166, effective 7-26-96)
The Agricultural Commissioner is authorized to enforce the provisions of this Chapter. The Agricultural Commissioner may issue an annual report to the Board of Supervisors relating to the implementation of this Chapter.
(Added by Ord. No. 3166, effective 7-26-96)
This Chapter is not the exclusive regulation of the land spreading of sewer sludge. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereinafter adopted by the State, County, or any other legal entity or agency having jurisdiction.
(Added by Ord. No. 3166, effective 7-26-96)
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 effect the other provisions of this Chapter, which shall still remain in effect, and to its end, it is hereby declared that the provisions of this Chapter are severable.
(Added by Ord. No. 3166, effective 7-26-96)