Sec. 14B-3. - General requirements for sewage sludge application.

The provisions of this chapter do not apply to EQ-compost, either in bulk form or as sold in small quantities. No person may land apply sewage sludge in the unincorporated areas of Kings County unless he or she meets the following requirements:

(a)

The person applying sewage sludge must meet the requirements set forth in either subsection (1) or subsection (2) below:

(1)

Existing permit. On the effective date of this chapter, the existing operator must have a current waste discharge permit from CVRWQCB or must be approved by either the CVRWQCB or the SWRCB to operate under either site specific waste discharge requirements or under the general order applicable to sewage sludge land application operations. The continued application of sewage sludge under such site-specific permit or general order shall be limited to the specific site for which approval has been given. In addition, the existing operator's continued operation under this subsection would be subject to the following time limitations:

a.

During the two-year period immediately following the effective date of this chapter, no sewage sludge may be land applied unless it meets the following standards:

1.

The Class A or Class B pathogen requirements in 40 CFR, Part 503, Section 503.32, subsections (a) or (b) respectively, or its revisions; and

2.

One of the vector attraction reduction requirements identified in 40 CFR, Part 503, Section 503.33 or its revisions; and

3.

The ceiling concentration limits in 40 CFR, Part 503, Section 503.13, Table 1, or its revisions; and

4.

State standards established by the regional water quality control board in site specific or general waste discharge orders which are applicable either to the generator's facility and/or the applicator's site.

b.

During the three-year period immediately following the two-year period described in subsection a. above, no sewage sludge may be land applied unless it meets the following standards:

1.

The Class A pathogen requirements in 40 CFR, Part 503, Section 503.32, subsection (a), or its revisions; and

2.

One (1) of the vector attraction reduction requirements identified in 40 CFR, Part 503, Section 503.33 or its revisions; and

3.

The ceiling concentration limits in 40 CFR, Part 503, Section 503.13, Table 1, or its revisions; and

4.

State standards established by the regional water quality control board in site specific or general waste discharge orders which are applicable either to the generator's facility and/or the applicator's site.

c.

After the two-year period described in subsection a. above, no Class B sewage sludge may be land applied.

d.

After the three-year period described in subsection b above, no sewage sludge may be land applied unless it is EQ compost as defined herein.

(2)

Pending application. No later than December 11, 2000, the pending applicant must have filed a notice of intent to land apply sewage sludge with the CVRWQCB to operate under either site-specific waste discharge requirements or under the general order applicable to sewage sludge land application operations. The land application of sewage sludge by such pending applicant is allowed only if the pending applicant has subsequently been issued a permit pursuant to such notice of intent. In addition, the pending applicant's land application operation under this subsection would be subject to the following time limitation:

a.

During the five-year period immediately following the effective date of this chapter, no sewage sludge may be land applied unless it meets the following standards:

1.

The Class A pathogen requirements in 40 CFR, Part 503, Section 503.32, subsection (a), or its revisions; and

2.

One of the vector attraction reduction requirements identified in 40 CFR, Part 503, Section 503.33 or its revisions; and

3.

The ceiling concentration limits in 40 CFR, Part 503, Section 503.13, Table 1, or its revisions; and

4.

State standards established by the regional water quality control board in site specific or general waste discharge orders which are applicable either to the generator's facility and/or the applicator's site.

b.

After the five-year period described in subsection a. above, no sewage sludge may be land applied unless it is EQ compost as defined herein.

(b)

The wastewater treatment plant generating the sewage sludge must have a current waste discharge permit from a regional water quality control board or the equivalent permit meeting Clean Water Act requirements applicable in the jurisdiction of the wastewater treatment plant.

(c)

Each site for sewage sludge utilization shall be tested pursuant to section 14B-15(b) for cation exchange capacity and metal concentrations prior to application of sewage sludge.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-4. - Restrictions on sewage sludge application.

Sewage sludge land application allowed under the provisions of this chapter shall meet the following requirements:

(a)

Sewage sludge may be land applied for agricultural purposes in the unincorporated territory of Kings County under this chapter only on lands which are zoned AG-40. Within those allowed areas zoned AG-40, the following additional restrictions apply:

(1)

Sewage sludge shall not be applied within two miles of any school.

(2)

Sewage sludge shall not be applied within two miles of the sphere of influence of any of the following: the City of Corcoran, the City of Avenal, the Stratford Public Utility District, and the Kettleman City Community Services District.

(b)

The discharge of sewage sludge to surface waters or surface water drainage courses is prohibited.

(c)

The off-site discharge of tail water or field runoff after application of sewage sludge is prohibited.

(d)

Land application of sewage sludge within any designated floodway designated by the Reclamation Board of the State of California or within any designated floodway shown on maps published by the Federal Emergency Management Agency is prohibited.

(e)

No person shall land apply sewage sludge which is classified as "hazardous" as defined in Section 2521(a) of Title 23 of the California Code of Regulations.

(f)

The generator, the land owner, the applicator, and any person or persons leasing the site shall be jointly and severally responsible for compliance with this chapter.

(g)

Application of sewage sludge shall only occur on sites approved for sewage sludge application by the department pursuant to sections 14B-6, 14B-7 and 14B-8 hereof.

(h)

Sewage sludge application rates shall not exceed agronomic rates, or any rates which cause specific constituents to exceed single, annual, or lifetime application limits, based on all of the following:

(1)

40 CFR Part 503, Criteria for Standards for the Use or Disposal of Sewage Sludge or its revisions.

(2)

Regional water quality control board laws and regulations.

(3)

Soil cation exchange rates at the application site.

(4)

Nitrogen demand of the crop.

(5)

Phytotoxicity of the crop.

(i)

Sewage sludge shall be landspread within 24 hours of arrival at the site, and incorporated into the soil within 24 hours thereafter. The department may approve extensions of time for landspreading in the event of adverse climatic or other emergency conditions. Upon a showing of good cause, the department may also grant additional time for incorporation into the soil if requested by the applicator and if the department determines that no public health, environmental or nuisance conditions will result from the extended time. The staging of sewage sludge and the storage of sewage sludge at a site shall comply with all applicable site-specific waste discharge orders or general orders.

(j)

Sewage sludge shall not be applied on slopes exceeding 15 percent. For slopes greater than two percent, parallel disking to slope contours is required to inhibit erosion. Sewage sludge shall be spread uniformly across a field using conventional spreading equipment and best management practices and complying with the management plan and site permit applicable to the particular field.

(k)

Staging areas and sewage sludge application-sites shall be at least:

(1)

Ten feet from the property lines,

(2)

500 feet from domestic or public water supply wells,

(3)

100 feet from non-domestic water supply wells,

(4)

50 feet from public roads,

(5)

100 feet from surface waters, including wetlands, creeks, ponds, lakes, underground aqueducts, and marshes,

(6)

500 feet from occupied non-agricultural buildings and occupied residential buildings, except that in the case of the land owner's residence, the department may waive this set back requirement if requested by the land owner,

(7)

500 feet from a domestic water supply reservoir,

(8)

2,500 feet from any domestic surface water supply intake.

(9)

Two miles from any school.

(10)

Two miles of the sphere of influence of any of the following: the City of Corcoran, the City of Avenal, the Stratford Public Utility District, and the Kettleman City Community Services District.

(l)

Sewage sludge shall not be applied to soils where depth to useable groundwater is less than five feet from the soil surface.

(m)

Sewage sludge shall not be applied or incorporated into the soil when the ground is saturated, during periods of rainfall, when the ground is frozen, or when wind speeds at the site exceed 20 m.p.h. The 20 m.p.h. windspeed requirement for application and incorporation may be waived if the sewage sludge or soil has an adequate moisture content as determined by the department. In addition, the application and incorporation of sewage sludge shall comply with the local air district regulations.

(n)

Sewage sludge applications shall be limited to once per crop per year.

(o)

Application of sewage sludge shall comply with existing federal and state laws and regulations, including, but not limited to, 40 CFR, Part 503 and any revisions thereto.

(p)

Neither the distribution nor application of sewage sludge shall cause a nuisance or degrade groundwater or surface water.

(q)

The applicator and/or generator shall comply with the monitoring and reporting requirements set forth in sections 14B-15 and 14B-16 respectively.

(r)

No application of sewage sludge shall be allowed until the applicator has complied with the appropriate California Regional Water Quality Control Board requirements for determining applicability of either a general waste discharge order or site specific waste discharge requirements for the site. The applicator must comply with all requirements of the applicable general waste discharge order and to any site specific waste discharge requirements.

(s)

The applicator shall obtain, and submit to the department, a written statement showing that the grower and land owner consent to receiving sewage sludge.

(t)

The applicator shall provide to the department a copy of each notice of intent, each pre-application report, each post-application report, each groundwater monitoring report, and the annual report which the applicator is required to submit pursuant to the terms of the site-specific or general waste discharge order which is applicable to the field. At least 24 hours prior to the initial application of sewage sludge to a field, the applicator shall also provide to the department a written notice of the date upon which sewage sludge will first be applied to the field and an estimate of the length of time during which such application will continue. The department shall provide a form of notice for this purpose. A monthly notice estimating the date and time of application for each site and field for the following 30-day period will be sufficient to meet the requirements of this section.

(u)

The following site restrictions shall apply after each application of Class B sewage sludge:

(1)

Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land surface shall not be harvested for 14 months after the application of sewage sludge.

(2)

Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of sewage sludge.

(3)

Unprocessed food crops with harvested parts that are totally above the land surface and do not touch the sewage sludge/soil mixture shall not be harvested for 14 months after the application of sewage sludge.

(4)

Feed crops, fiber crops, oil crops, and processed food crops with harvested parts that are totally above the land surface and do not touch the sewage sludge/soil mixture shall not be harvested for 30 days after the application of sewage sludge.

(5)

Farm animals shall not be allowed to graze on the land for 90 days after the application of sewage sludge.

(6)

Turf grown on land where sewage sludge are applied shall not be harvested for one year after the application of sewage sludge when the harvested turf is placed either on land with a high potential for public contact or on a lawn.

(7)

Public access to land with a high potential for public contact shall be restricted for one year after the application of sewage sludge, and for land with a low potential for public contact, public access shall be restricted for 30 days after the last application of sewage sludge.

Periods of time during which the land lies fallow will not be counted in calculating the waiting periods set forth above.

(v)

No person shall apply sewage sludge to pasture or to range land in the unincorporated area of Kings County.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-5. - Other operation requirements for permittees.

(a)

Maintenance yard in Kings County.

(1)

Sewage sludge transportation vehicle parking or parking/service yards in Kings County shall be maintained in a clean and safe condition.

(2)

Vehicle washing facilities in Kings County shall drain to an approved drainage system. The entire area shall be adequately sloped for drainage control. This provision does not apply to the preliminary cleaning of vehicles, at a permitted site, before return to a maintenance or washing facility.

(b)

Vehicles.

(1)

All vehicles must meet California Department of Transportation, Department of Motor Vehicles, and California Highway Patrol requirements and must be equipped in a manner whereby effective communication with the applicator's office can be maintained. Applicator shall cause its vehicles to be inspected by the California Highway Patrol as otherwise required by state law, and a copy of the report of said inspection shall be provided to the department upon request.

(2)

Vehicles shall be designed and maintained in such a manner as to prevent leakage of liquids or spilling, blowing or loss of material during transportation.

(3)

Vehicles transporting sewage sludge shall be maintained in a neat and clean condition and in sound mechanical condition. All loads shall be fully tarped. Vehicle exteriors shall be free of sewage sludge before entering public roads.

(4)

The department may suspend the use of any vehicle for any failure to meet the vehicle requirements of this chapter. Said vehicle shall not be used for collection, application, transfer, or removal of sewage sludge until it has been cleared in writing by the department for return to service.

(c)

Sewage sludge staging areas shall be restricted to sites approved for sewage sludge application. Staging areas may not be located in the buffer zones established in subdivision (k) of section 14B-4 hereof. All sewage sludge within a staging area must be land applied within 24 hours from time of delivery to the staging area. The staging area shall be sufficiently cleaned of sewage sludge so that the application rate within the staging area is equivalent to the approved application rate for the site.

(d)

Other than as otherwise expressly set forth elsewhere in this chapter, the storage of sewage sludge for longer periods than allowed herein may require separate additional waste discharge requirements, a conditional use permit and/or solid waste facility permit.

(Ord. No. 592, § 2, 1-9-01)