(a) The Agricultural Commissioner shall approve the Biosolids Management Permit if it complies with all of the requirements of this Chapter, the County's Biosolids Land Spreading Regulations, and with all local, state, and federal laws and regulations, unless the Agricultural Commissioner finds that the applicant has shown:
(1) Lack of responsibility as shown by past work by the applicant; or
(2) Demonstrated failure to comply with local, state, or federal laws and regulations.
(b) Approvals granted for Biosolids Management Permits shall be valid for a period not to exceed five (5) years and shall be reviewed annually. If a Land Spreading Site Plan is not applied for on land subject to a Biosolids Management Permit within two years of the approval date of the Management Permit, then said Biosolids Management Permit shall expire. Time extension(s) may be granted for a period/periods not to exceed the total five-year period initially approved.
(c) A Nutrient Management Plan shall only be valid for the particular crop or crops which are the subject of the plan. If the applicator or property owner desire to change the crops or crops used, a new Nutrient Management Plan is required and the Land Spreading Site Plan shall automatically be suspended until a new Nutrient Management Plan is approved.
(d) A Land Spreading Site Plan shall be valid for a twelve-month period.
(e) Applicants shall be notified of incomplete or inaccurate applications within ten (10) working days after the date of the filing of the applications for each. The applicant may make the necessary corrections and additions and resubmit the application within sixty (60) days of notification. Failure to supply the corrections and additions within 60 days shall be deemed withdrawal of the application.
(f) Notice of the application and the comment period shall be given to all owners of properties that are within 2640 feet (1/2 mile) of the parcel(s) containing each site on which biosolids are to be applied. Said notice shall be given to property owners shown on the latest equalized assessment roll, which shall be provided to the Agricultural Commissioner by the applicant, and shall be sent by the Agricultural Commissioner by first-class mail at least ten (10) working days prior to the rendering of a decision by the Agricultural Commissioner. The applicant(s), all landowners who receive a copy of the first notice, any person requesting a copy of the specific opinion in writing and the Board of Supervisors shall be mailed a copy of the Agricultural Commissioner's decision.
(g) Written notice of the approval or denial of an application for a Biosolids Management Permit or Land Spreading Site Plan shall be given by personal delivery or by mailing by certified mail to the applicant at the address on file with the Agricultural Commissioner. The Agricultural Commissioner shall review the completed Biosolids Management Permit application and shall approve or reject the plan within twenty (20) days of its acceptance as complete.
(h) A Biosolids Management Permit approval or Land Spreading Site Plan approval may be revoked by the Agricultural Commissioner when evidence demonstrates that the applicant has violated any of the following:
(1) Any provision(s) of this Chapter, including its fee requirements, and the County's Biosolids Land Spreading Regulations;
(2) Any federal/state laws or regulations; or
(3) The waste discharge requirements of the Regional Water Quality Control Board.
If the Agricultural Commissioner revokes the Biosolids Management Permit approval or Land Spreading Site Plan approval, a written notice to this effect shall be delivered within five (5) working days 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.
(i) Any person adversely affected by the Decision of the Agricultural Commissioner regarding approval or denial of a Biosolids Management Permit, Nutrient Management Plan, or Land Spreading Site Plan, or by an Agricultural Commissioner revocation, may request administrative review by the Agricultural Commissioner. Such request shall be filed not more than ten (10) calendar days after notice of the Decision has been mailed.
(j) If such request is filed, the Agricultural Commissioner or designee, as administrative review officer, shall give not less than five (5) days' written notice to the aggrieved person, of administrative review of the Decision or revocation.
(k) At such administrative review, the person may appear and explain why the Decision or revocation should be changed. The administrative review officer shall consider the factors set forth in this Chapter, and shall uphold, withdraw or modify the Decision or revocation. The administrative review officer shall serve a copy of his or her written decision on the aggrieved person. The written decision shall also include or be accompanied by a description of the right to appeal the decision to the County Hearing Officer. The administrative review officer's decision shall be deemed served within two days after the date it was mailed to the address provided by the aggrieved person.
(l) The aggrieved person may appeal the decision of the administrative review officer to the County Hearing Officer in accordance with Chapter
31 of Part I of this Code by filing a written notice of appeal with the Clerk of the Board of Supervisors not more than ten (10) calendar days after notice of the decision has been served. Unless the administrative review officer finds the grounds for the decision to constitute an immediate threat to public health or safety, any decision by the administrative review officer shall be stayed during the pendency of an appeal therefrom which has been properly and timely filed. The Clerk shall give notice to the applicant and the hearing and decision procedure shall be handled in accordance with the provisions of Chapter
31 of Part I of this Code.
(Added by Ord. No. 3166, effective 7-26-96; amended by Ord. No. 3559, effective 6-20-19)