Sec. 14B-13. - Technical standards.

Technical standards governing sewage sludge application rates, cumulative soil metals, etc. shall be as established by the regional water quality control board and 40 CFR Part 503 or its revisions.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-14. - Monitoring.

(a)

Sewage sludge testing.

(1)

Annual sewage sludge monitoring. Representative samples from each wastewater treatment plant which generates sewage sludge to be applied to land in Kings County, shall be composited and analyzed a minimum of twice per year, unless otherwise required under the provisions of Part 503, for those constituents required to be reported under the applicable site-specific or general waste discharge requirements.

(2)

Class A/Class B pathogen requirements. Records and sewage sludge analyses results shall be made available to the department for the purpose of verifying Class A/Class B pathogen reduction compliance.

(b)

Soil testing. Soils on application sites will be sampled and analyzed by the applicator for metals and cation exchange capacity prior to application of sewage sludge, and prior to each subsequent application.

(1)

Sampling procedure. The surface soil will be sampled at a depth of three to 11 inches. A sample will consist of individual cores taken from scattered locations throughout the entire field. Individual cores will be collected so as to be representative of the entire field. Surface litter will be removed before collecting a core, to insure mineral soil is sampled. Obvious anomalies such as wet spots, turn rows and minor soil textural inclusions will not be sampled. The number of core samples and soil samples will be determined by the department prior to sampling and will depend on the field size, and soil types.

(2)

Analysis. Soils will be analyzed for the following: Olson's Extractant for Phosphorus, Ammonium Acetate for Potassium, exchangeable saturated based extract pH, Molybdenum, Arsenic, Total Zinc, Total Copper, Total Cadmium, Total Lead, Total Mercury, Total Nickel and Total Selenium.

(c)

Laboratory testing. All sewage sludge, water, soil and vegetation analyses must be conducted by a California State Department of Health Services accredited laboratory, pursuant to Health and Safety Code Section 1010, with all costs associated with sampling paid by the applicator. Laboratory test methods shall be those approved by EPA and/or the regional water quality control board.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-15. - Reporting.

(a)

Application records. Application records shall be prepared and maintained by the applicant. A record shall be maintained of each load of sewage sludge received, the load size, time of day, the application site where the load was taken, the source of the sewage sludge, and the application method. Monthly reports, post-application site reports and annual reports shall be submitted as and when set forth in the following subsections.

(b)

Post-application site reporting. Site reports shall be prepared for each field that received sewage sludge during a reporting period. The site report shall state:

(1)

Location of field.

(2)

Tons of wet sewage sludge per acre and tons of dry sewage sludge per acre applied.

(3)

Soil cation exchange capacity.

(4)

Number of acres.

(5)

Types of crops grown on land which sewage sludge is applied.

(6)

Amount applied to date for the year.

(7)

Lifetime amount of sewage sludge applied.

(8)

The following metals applied current year to date, total applied and lifetime limit where applicable pursuant to 40 CFR, Part 503 or regional water quality control board standards:

Lead

Copper

Nickel

Mercury

Cadmium

Zinc

Arsenic

Molybdenum

Selenium

(c)

Time of report submission.

(1)

Monthly reports shall be submitted indicating the total amount of metric tons of sewage sludge applied in the county.

(2)

Post application reports shall be submitted:

a.

Within 60 days of the last application of sewage sludge to a field or site for one-time application operations, or

b.

Within 60 days of the last sewage sludge application for the calendar year for ongoing application operations.

(3)

Annual reports shall be submitted by 1 March for the preceding calendar year. The report shall include; a summary of the quantity (tons), sewage sludge source, and location of application for each field on which sewage sludge was applied during the preceding calendar year; the date(s) of the site report(s) applicable to each application; and a statement concerning compliance with land use restrictions identified in this chapter.

(4)

In reporting the monitoring data, the applicator shall arrange the data in tabular form so that the date, the constituents, and the concentrations are readily discernible. The data shall be summarized in such a manner to clearly indicate compliance to this chapter. The results of any monitoring conducted more frequently than required shall be reported to the department.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-16. - Right of entry.

As a requirement of the issuance of a permit under this chapter, the applicator, farm operator, land owner or lessee shall agree to allow the department or other regulatory agencies at reasonable times and upon presentation of credentials to:

(a)

Enter upon the applicator's premises or location where any records are required to be kept under the terms and conditions of this chapter or application permit.

(b)

Have access to and copy any records required to be kept under the terms and conditions of this chapter or application permit.

(c)

Inspect any monitoring equipment or observe any monitoring method required in this chapter or application permit.

(d)

Inspect any collection, transport vehicles, treatment, pollution management, or control facilities required under this chapter or application permit.

(e)

Enter any site where sewage sludge is proposed to be used or has been used or stored and sample any ground or surface waters, soils, vegetation, sewage sludge or other materials on the site.

(f)

Obtain any photographic documentation or evidence.

(g)

Generally inspect, observe, and monitor the sewage sludge application operation.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-17. - Prohibition of untreated septage.

Land application of untreated septage in the unincorporated areas of the county is prohibited.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-18. - Time for compliance.

No person shall apply sewage sludge to land within the unincorporated areas of Kings County following the effective date of this chapter without being in full compliance with all terms and conditions of this chapter. Those applicators with a current waste discharge permit shall have 60 days from the date of adoption of this chapter by the board of supervisors to comply with the provisions hereof.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-19. - Enforcement.

The department is authorized to enforce the provisions of this chapter. The department shall issue an annual report to the board of supervisors relating to the implementation of the sewage sludge program.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-20. - Violations/penalties.

Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor and is subject to the penalties set forth in Chapter 1.28 of the Kings County Code of Ordinances.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-21. - Public nuisance declaration.

Any violation of this chapter may be deemed to be a public nuisance, and any such violation may be abated or enjoined by the department, irrespective of any other remedy herein provided. Any action to abate or enjoin violations of this chapter may be maintained against the generator, the land owner, the applicator and any person or persons leasing the site.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-22. - Severability.

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.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-23. - Appeal process.

(a)

Any person who has installed or constructed permanent improvements related to the land application of sewage sludge where the useful life of the improvements would extend beyond the Class B two-year limitation period described in sections 14B-3(a)(1)a. and 14B-3(a)(1)c., or beyond the Class A/EQ five-year limitation period described in sections 14B-3(a)(1)b., 14B-3(a)(1)d., and 14B-3(a)(2) above may request, and the board of supervisors may grant, additional time for the discontinuance of the land application of sewage sludge commensurate with the remaining useful life of the improvements.

(b)

Any request shall be made by filing a written request for a hearing before the board of supervisors with the clerk of the board no later than the 120th day prior to the end of such applicable period. 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, interested parties 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.

(Ord. No. 592, § 2, 1-9-01)

Sec. 14B-24. - Sunset provision.

The provisions of this chapter shall expire on January 8, 2006, unless otherwise extended by the board of supervisors.

(Ord. No. 592, § 2, 1-9-01)