Sec. 14B-6. - Plan and permit requirements.
Sec. 14B-7. - Application for sewage sludge site permit.
Sec. 14B-8. - In lieu applications for existing permitted sites.
Sec. 14B-10. - Environmental review.
Sec. 14B-11. - Plan or permit revocation.
Sec. 14B-6. - Plan and permit requirements.
No person shall apply sewage sludge in the unincorporated areas of the county without first having obtained approval of a sewage sludge management plan and been issued a sewage sludge site permit from the department and having paid all fees.
Applications for sewage sludge management plan approval. The sewage sludge management plan must meet the regulations and guidelines found in 40 CFR Part 503, "Standards for the Use or Disposal of Sewage Sludge", U.S. Environmental Protection Agency (EPA), February 19, 1993, Regional Water Quality Control Board laws and regulations, or any revisions of the EPA and state documents related to sewage sludge application. Except as set forth in section 14B-8 below, applications for sewage sludge management plan approvals shall be made to the department upon forms provided by the department, shall be accompanied by an application fee as established by the board of supervisors, and shall include the following information and/or documents:
(a)
Name, address and phone number of the applicant.
(b)
Type of organization such as sole proprietorship, partnership, joint venture, corporation, business, trust, or company including names, home addresses and percentage of ownership of all owners and officers. Information as to ownership interest of less than one percent need not be provided.
(c)
Identification of the local manager and responsible office personnel.
(d)
A statement setting forth facts demonstrating that the applicant owns or has access to suitable facilities for equipment cleaning, maintenance, storage, and business offices. The addresses of all such facilities shall be provided with the application. Included with this statement for any facility located within Kings County shall be documentation indicating these facilities are properly zoned and constructed consistent with appropriate local ordinances.
(e)
A statement regarding the applicant's experience and capability in the collection and transportation and application of sewage sludge.
(f)
Sewage sludge characteristics.
(1)
Description of the characteristics of the sewage sludge proposed to be applied, including a certification that the sewage sludge has been treated to at least Class A or Class B requirements as set forth in 40 CFR 503 et seq.
(2)
Source of sewage sludge (including names of each wastewater treatment plant from which the sewage sludge will originate).
(g)
Application rate design. The applicant must describe the application rates both in metric tons per hectare and dry tons per acre.
(h)
Plan of operation. A detailed plan of operation which shall include:
(1)
Generalized description of sewage sludge application including general location.
(2)
Description of equipment to be used.
(3)
Special procedures for equipment breakdown.
(4)
Spill prevention and response plans.
(5)
Soil incorporation methods.
(6)
Inclement weather plan.
(7)
Soil testing methodology.
(8)
Groundwater testing methodology.
(9)
Dust control plans.
(10)
Transportation plans including:
i.
proposed delivery truck routes to site;
ii.
proposed frequency and hours of delivery;
iii.
local traffic conditions;
iv.
proposed measures to prevent tracking of sewage sludge on roadways;
v.
Vehicle cleaning and maintenance plan.
(11)
Nuisance avoidance measures.
(i)
Name of water delivery and/or drainage agency in whose jurisdiction the sewage sludge are proposed to be applied.
(j)
A statement indicating whether the application will be subject either to a general waste discharge order or to a site specific waste discharge requirement established by the State of California or by the CVRWQCB.
(k)
Any other relevant information requested by the department.
(l)
At the time of receipt of a complete application for a sewage sludge management plan, the department shall submit a copy of the complete application to the Kings County Planning Department for its review and comment.
(Ord. No. 592, § 2, 1-9-01)
Sec. 14B-7. - Application for sewage sludge site permit.
A site permit application shall be submitted after the sewage sludge management plan is approved. Except as set forth in section 14B-8 below, the site permit application shall be submitted on forms provided by the department and shall include the following information and/or documents:
(a)
Name, address and phone number of the lessee and/or land owner with written proof of lessee and land owner agreeing to sewage sludge use, allowable crops, right of entry and any other conditions.
(b)
Legal description of site location. It shall be sufficient to list the Kings County Assessor's parcel number for each parcel at the site.
(c)
A list of predominant soils on the site.
(d)
The types of crops grown on the site, including, but not limited to, a statement of the history of the last three years' crops and a statement of the intended crop usage during the permit period plus three years.
(e)
A tabulation of site information to include net acreage, depth to useable groundwater and depth to the highest groundwater encountered in the area of the site, annual application rate, lifetime application rate (pursuant to 40 CFR 503), and a description of the manner in which the applicant shall comply with the buffer zone requirements established in section 14B-4, subsection (k) above.
(f)
A detailed site plan prepared at a scale of one inch equals 660 feet or at a scale acceptable to the department depicting the site boundary, the limits of sewage sludge application, irrigation ditches and canals, natural surface water courses, irrigation water drainage ditches, homes, wells, and levees within 500 feet of the site.
(g)
Representative soil sample analyses for background metal concentrations as required by the department.
(h)
A statement by an individual certified by the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) or a reference to professional publications for California indicating the recommended Agronomic Rates for Sewage Sludge application. Such recommendation must be based on soil conditions in the area and must be crop specific.
(i)
Any other relevant information specifically related to the applicant's compliance with 40 CFR 503 et seq., state law, Regional Water Quality Control Board permit conditions on waste discharge requirements or this chapter as requested by the department.
(j)
Slope of ground at site, and, if necessary, surface water protection measures to be utilized.
(k)
At the time of receipt of a complete application for a sewage sludge site permit, the department shall submit a copy of the complete application to the Kings County Planning Department for its review. The application form will include a space for the applicant to obtain county planning department sign-off regarding whether the site is in a sensitive habitat or resource area or in an unincorporated urban area.
(Ord. No. 592, § 2, 1-9-01)
Sec. 14B-8. - In lieu applications for existing permitted sites.
For those existing sites in Kings County which have SWRCB or RWQCB approved waste discharge requirements and approved site specific orders or general orders as of the effective date of this chapter, such applicators may submit the documents listed in subsection (a) below to the department in lieu of submitting applications for management plans and site permits under the provisions of sections 14B-6 and 14B-7 above. Based upon the documents submitted by such existing operators, the department may approve management plans and site permits for such existing sites.
(a)
In lieu of submitting the applications described in section 14B-6 and 14B-7 above, existing operators may submit the following documents:
(1)
A copy of the original report of waste discharge filed with the CVRWQCB or the SWRCB together with any amendments or supplements thereto.
(2)
Copies of any other accompanying application documents submitted to SWRCB or the CVRWQCB with the report of waste discharge described above.
(3)
A copy of the CVRWQCB resolution approving and adopting the environmental review documents prepared under CEQA for the project, including, but not limited to, any applicable mitigation monitoring program. and issuing the waste discharge requirements for the site.
(4)
A copy of the CVRWQCB resolution issuing the waste discharge requirements for the site, if different from the resolution described in subsection (3) above.
(5)
Copies of all other documents prepared or issued by any state, local or federal agency which has regulatory jurisdiction which impose conditions, obligations or requirements of any kind on the site.
(6)
A statement providing whatever additional necessary information which may be requested by the department for the purpose of complying with its obligations under section 14B-6 and 14B-7.
(Ord. No. 592, § 2, 1-9-01)
(a)
Applicants shall be notified of incomplete or inaccurate applications within ten working days after the date of the filing of the application. The applicant may make the necessary corrections and additions and resubmit the application within 30 days of notification.
(b)
Written notice of the denial or approval of an application for a sewage sludge management plan or sewage sludge site permit, shall be given by personal delivery or by mailing by certified mail to the applicant at the address on file with the department. The department shall review the completed sewage sludge management plan application and shall approve or deny the plan within 20 days of receipt of a complete application. The department shall approve or deny a completed site permit application within 20 days of receipt of a complete site permit application, unless the project is determined to be a discretionary project subject to CEQA review, in which case the department shall approve or deny the application within 20 days of the date of completion of the environmental review.
(c)
The department shall approve the sewage sludge management plan if the plan complies with this chapter and with all applicable site specific or general waste discharge requirements established by the SWQCB or the RWQCB, and with all applicable and local, state and federal laws and regulations unless the department finds the applicant has shown:
(1)
Lack of responsibility as shown by past work by the applicant; or
(2)
Historical failure to comply with local, state or federal laws and regulations.
(d)
Approvals granted for sewage sludge management plans shall be valid for a period not to exceed five years, but may be issued for any period of less than five years, and shall be reviewed annually. As a result of its annual review of sewage sludge management plans, the department may in its discretion recommend new and additional conditions be placed upon the plan. Based upon such recommendations, the board may impose such new and additional terms and conditions which it determines to be necessary to ensure the public health, safety and welfare.
(e)
Sewage sludge site permits shall remain valid as long as the sewage sludge management plan is in force and effect and all required fees are paid. Such site permits are subject to the annual review by the department and are subject to the imposition of new permit terms and conditions determined to be necessary during, and as a result, of the annual review process.
(f)
Appeal of denial or conditional approval. The applicant may appeal the denial or conditional approval of an application for a plan or site permit to the board of supervisors by filing a written request for a hearing before the board of supervisors with the clerk of the board not more than ten calendar days after notice of the denial or conditional approval has been delivered. Upon receipt of a written request for a hearing, the clerk of the board shall set the matter for public hearing on a date not more than 60 calendar days following receipt of such written request, and shall give the applicant and the board of supervisors at least 30 calendar days written notice of the time, date, and place of the hearing. After the hearing, the board of supervisors, shall issue its written decision and findings on the appeal within 30 calendar days after the close of the hearing. The decision of the board shall be final.
(Ord. No. 592, § 2, 1-9-01)
Sec. 14B-10. - Environmental review.
The approval of a sewage sludge management plan and the granting of a sewage sludge site permit in accordance with this chapter will normally be considered ministerial acts, not subject to further environmental review under the California Environmental Quality Act.
(Ord. No. 592, § 2, 1-9-01)
Sec. 14B-11. - Plan or permit revocation.
(a)
A sewage sludge management plan approval or sewage sludge site permit may be revoked by the department when the applicator has violated any provision of this chapter, including its fee requirements, any applicable federal or state laws or regulations, or violated a provision of any applicable site specific or general waste discharge requirements of the SWQCB or the RWQCB. This remedy shall be available to the department in addition to those set forth in sections 14B-20 and 14B-21. If the department revokes the sewage sludge management plan approval or sewage sludge site permit, a written notice to this effect shall be delivered 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.
(b)
The applicator may appeal such revocation to the board of supervisors by filing a written request for a hearing before the board of supervisors with the clerk of the board not more than ten calendar days after notice of the revocation has been delivered. Unless the department finds the grounds for the revocation constitute an immediate threat to public health, any revocation by the department shall be stayed during the pendency of an appeal therefrom which has been properly and timely filed. Upon receipt of a written request for a hearing, the clerk of the board shall set the matter for public hearing on a date not more than 60 calendar days following receipt of such written request, and shall give the applicant and the board of supervisors at least 30 calendar days written notice of the time, date, and place of the hearing. After the hearing, the board of supervisors, shall issue its written decision and findings on the appeal within 30 calendar days after the close of the hearing. The decision of the board shall be final.
(Ord. No. 592, § 2, 1-9-01)
(a)
The board may adopt fees required for the implementation of this chapter, including, but not limited to, the following:
(1)
Sewage sludge management plan application fee;
(2)
Sewage sludge site permit application fee;
(3)
Sewage sludge monitoring fee;
(4)
Groundwater testing fee and soil testing fee; and
(5)
Appeal fee.
It is the intent of this chapter that such fees shall be in an amount necessary to fully fund the actual costs incurred by the county in administering this chapter, with no costs of administrating or enforcement of this chapter passed on to other Kings County growers or to residents generally. Initial application fees shall be due upon submittal of application.
(b)
All reasonable costs of laboratory analysis of sewage sludge, soil, water and vegetation samples collected by the department shall be paid by the applicator. If the applicator fails to pay for such costs, the county may in its discretion collect such costs from the generator, the land owner, or the lessee, if any, of the site.
(c)
Delinquency dates and penalties
(1)
The delinquency date of any fee required by this chapter, in the case of permitted sites, shall be the thirtieth day following the initial billing date, and shall be paid by a person holding a sewage sludge site permit.
(2)
If any fee specified is not paid prior to the delinquency date, the permittee shall pay a penalty. A penalty fee of 25 percent of the initial billing will be imposed upon its delinquency. If the permit fee is not paid within 60 days of the initial billing the fee will be doubled.
(Ord. No. 592, § 2, 1-9-01)