HomeMy WebLinkAboutORD NO 4113 4113
ORDINANCE NO.
AN ORDINANCE ADDING A NEW CHAPTER
8.90 TO THE BAKERSFIELD MUNICIPAL
CODE REGULATING LAND APPLICATIONS
OF BIOSOLIDS.
WHEREAS, there are numerous unanswered questions about the safety and
environmental effect of land applying Biosolids; and
WHEREAS, Biosolids may contain heavy metals, pathogenic organisms,
chemical pollutants, and synthetic organic compounds; and
WHEREAS, the City recognizes that Class A/Exceptional Quality Biosolids, as
defined in this chapter, are considered by the U.S. Environmental Protection Agency to
be a product, whether distributed in bulk form, bags or other containers, that can be
applied as freely as any other fertilizer or soil amendment to any type of land; and
WHEREAS, this chapter is adopted pursuant to the police power of the City and
as 40 CFR Part 503 recognizes the authority of local government to impose more
stringent requirements on the use or disposal of Biosolids in order to protect public
health and the environment; and,
WHEREAS, the laws and regulations relating to CEQA and the City of
Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff
and the City Council; and
WHEREAS, the above described project is Categorically Exempt from the
requirements of the California Environmental Quality Act in accordance with Section
15308 of the State of California CEQA Guidelines, because this Biosolids Ordinance is
specifically exempted under category 8.
NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Bakersfield
as follows:
SECTION 1.
A new chapter 8.90 is hereby added to the Bakersfield Municipal Code to read as
follows:
-- Page I of 10 Pages --
CHAPTER 8.90
LAND APPLICATION OF BIOSOLIDS
8.90.10 Definitions.
(A) Applier means is any person engaged in the Land Application of
Exceptional Quality or Class A Biosolids as defined in this Chapter.
(B) Biosolids are treated solid, semi-solid or liquid residues generated during
the treatment of sewage in a wastewater treatment works that meet 40 CFR Part 503
requirements specified in 503.32 for pathogen reduction, 503.33 for vector attraction
reduction, and 503.13, Table 1 for pollutant concentrations. These residues include, but
are not limited to, scum or solids removed in primary, secondary or advanced
wastewater treatment processes and material derived from sewage sludge. Biosolids
do not include ash generated during the firing of sewage sludge in a sewage incinerator
or grit and screenings generated during preliminary treatment of sewage. Biosolids, as
used in this chapter, excludes Biosolids products that are in a bag or container
packaged for routine retail sales through regular retail outlets which are primarily used
for residential landscaping. Biosolids, as used in this chapter, shall not include material
created at wastewater treatment plants owned or operated by the City of Bakersfield
and applied to land owned or leased by City.
(C) Certified Laboratory means a laboratory certified by the state
Department of Health Services pursuant to Article 3 (commencing with Section 100825)
of Chapter 4 of Part 1 of Division 101 of the California Health and Safety Code.
(D) Class A Biosolids are Biosolids that meet the pathogen reduction
requirements in 40 CFR 503.32(a) alternatives 1-6 and contain constituents in
concentrations not exceeding the concentrations listed in 40 CFR 503.13, Table 1 or
Table 3.
(E) Class B Biosolids are Biosolids that meet the pathogen reduction
requirements in 40 CFR 503.32(b).
(F) Compost means the product, in any form, resulting from the controlled
biological decomposition of organic materials which may include Biosolids. Facilities
where compost is produced are required to obtain Solid Waste Facilities and
Conditional Use Permits as a condition of operation. Compost products are required to
meet or exceed product quality criteria as established by the California Integrated
Waste Management Board.
(G) City means the City of Bakersfield, California.
(H) City Engineer means the Public Works Director for the City of Bakersfield
or designee.
(I) CPLR Biosolids are cumulative pollutant loading rate Biosolids which are
Class A, or Class B Biosolids that have achieved a level of vector attract on reduc~o~'~'~ r'
-- Page 2 of 10 Pages --
per 40 CFR 503.33 and that meet the ceiling concentrations in 40 CFR 503.13, Table 1,
but exceed at least one (1) of the pollutant concentration limits in 40 CFR 503.13, Table
3, and therefore, are subject to the cumulative pollutant loading rates in 40 CFR 503.13,
Table 2. Cumulative pollutant loading rate is the maximum amount of a pollutant that
can be applied to an area of land.
(J) Exceptional Quality Biosolids are Class A Biosolids that meet the
pollutant concentrations in 40 CFR 503.13, Table 3 and have achieved one of the vector
attraction reduction requirements of 40 CFR 503.33(b)(1) through (b)(8). Additionally,
Class A Biosolids must meet both the fecal coliform and Salmonella sp. bacteria limits
contained in Alternatives 1 through 6 of 40 CFR 503.32(a) to be Exceptional Quality.
For the purposes of this chapter, Exceptional Quality Biosolids are in bulk form and shall
not include compost which meets or exceeds Exceptional quality criteria.
(K) Field means a discrete area of land within a Site. It is the smallest unit of
land for which monitoring, record keeping and reporting requirements apply.
(L) Land Application means the placement of Class A/Exceptional Quality
Biosolids on agricultural land at an agronomic rate to support vegetative growth. For
purposes of this chapter, placement includes the spraying or spreading of Class
A/Exceptional Quality Biosolids onto the land surface, the injection of Class
A/Exceptional Quality Biosolids below the surface, or the incorporation of Class
A/Exceptional Quality Biosolids into the soil.
(M) Land apply means the spraying or spreading of Class A/Exceptional
Quality Biosolids onto the land surface, the injection of Class A/Exceptional Quality
Biosolids below the surface, or the incorporation of Class A/Exceptional Quality
Biosiolids into the soil so that it can either condition the soil or fertilize crops or
vegetation grown in the soil.
(N) Permit means a land application permit issued by the City Engineer to an
Applier. Such permit authorizes the land application of Class A/Exceptional Quality
Biosolids in the city limits. Permits are not transferable to other parties without the prior
approval of the City Engineer.
(O) Person means any individual, firm, partnership, joint venture, association,
corporation, estate, trust, receiver, syndicate, city, county or other political subdivision,
or any other group or combination acting as a unit.
(P) Sensitive Receptors are schools, hospitals, convalescent homes, food
establishments, parks and recreation areas, and single and multiple-family dwellings.
(Q) Site means the area of land covered by a single Permit. This land may be
a single parcel or contiguous parcels of land with a single Applier. A Site can be
comprised of one or more Fields.
-- Page 3 of 10 Pages --
(R) Staging means the placement of Biosolids on a Site for up to forty-eight
(48) hours to facilitate the production of Class A/Exceptional Quality Biosolids and the
transfer of Class A/Exceptional Quality Biosolids between the transportation and
application vehicles.
(S) Storage means the placement of Biosolids on a Site for more than forty-
eight (48) hours.
8.90.20 Biosolids Prohibited.
(A) Except upon City owned or operated farmland, it shall be unlawful for any
person to land apply Biosolids, except for Class A/Exceptional Quality Biosolids as
defined in this chapter to property within the city limits.
(B) The discharge of Biosolids to surface waters or surface water drainage
courses, including wetlands and water ways, is prohibited.
8.90.30 General Requirements.
(A) Except for City owned or operated wastewater treatment plants which
create Biosolids, prior to commencing any land application activities under this chapter,
the applier shall apply for a Permit from the City Engineer and pay all applicable Permit
fees.
(B) Before Class A/Exceptional Quality Biosolids are land applied, the applier
shall contact the City Engineer and California Regional Water Quality Control Board to
determine whether CPLR Biosolids have been applied to the field since July 20, 1993.
(1) If CPLR Biosolids have not been applied to the Field since July 20,
1993, the cumulative amount for each pollutant may be applied to the Field in
accordance with 40 CFR 503.13, Table 2.
(2) If CPLR Biosolids have been applied to the field since July 20,
1993, and the cumulative amount of each pollutant applied to the field since that date is
known, the cumulative amount of each pollutant applied to the Field shall be used to
determine the additional amount of each pollutant that can be applied to the Field in
accordance with 40 CFR 503.13, Table 2.
(3) If CPLR Biosolids have been applied to the Field since July 20,
1993, and the cumulative amount of each pollutant applied to the Field since that date is
not known, no further Class A/Exceptional Quality Biosolids may be applied to the Field.
(C) The application of Class A/Exceptional Quality Biosolids shall be confined
to Sites that are approved by the City Engineer in accordance with the provisions of this
chapter.
-- Page 4 of 10 Pages --
(D) The City Engineer shall be allowed, whether announced or not, to enter
and inspect all Sites where Class A/Exceptional Quality Biosolids are being or have
been land applied. The City Engineer shall, during normal business hours, have access
to and may copy any records that must be kept under the provisions of this chapter.
8.90.40 Permit Application.
(A) Except for City owned or operated wastewater treatment plants which
create Biosolids, it shall be unlawful for any person to apply Class A/Exceptional Quality
Biosolids to land within the city limits without obtaining a Permit from the City Engineer
and being in compliance with the terms and conditions as stated herein.
(B) A Permit application, furnished by the City Engineer, shall be filed with the
City Engineer, accompanied by the Permit fee. The application form shall include the
following information:
(1) The name and address of the applier, the property owner or
leaseholder;
(2) The address, legal description or other sufficient identifying
description of the property;
(3) A map of the property, showing:
(a)
The location of the proposed land application Fields within
each Site,
(b) All potable water wells, drinking water supplies, and
buildings, including the identification of any buildings which are owned by the applicant,
within one thousand (1,000) feet of the Site,
(c) The location of property boundaries.
(4) Copies of all original laboratory tests for any tests required to be
performed prior to the initial application of Class A/Exceptional Quality Biosolids.
(5) Such additional information as may be required by the City
Engineer to facilitate any required investigation.
(C) The person filing the application shall sign a statement under penalty of
perjury that the facts stated in the application are true and correct and that all
information required has been set forth in the application. The owner or authorized
representative of the property shall also sign the application acknowledging the
intended use to be made of the property.
(D) Applicants shall be notified of incomplete or inaccurate applications. The
applicant shall make the necessary correct ons and additions and resubmit the
application within thirty (30) calendar days of notification. The City Eng neer,~]~"'
-- Page 5 of 10 Pages --
evaluate the information provided in the application to determine whether or not the land
application proposal will be in compliance with the applicable requirements of this
chapter.
(E) If an application is denied, the applicant may amend the application and
resubmit the amended application. Such submittal of an amended application is not
subject to an additional fee.
(F) Written notice of the denial of a Permit shall be delivered in person or by
U.S. Mail, postage prepaid, to the applicant at the address on file with the City Engineer.
(G) The City Engineer may deny an application for one (1) or more of the
following reasons:
(1) Inadequate, incomplete, or inaccurate application information;
(2) The land application proposal would not be in conformance with the
applicable requirements of this chapter.
(H) The City Engineer shall issue the permit after approving the application.
(I) Permits may be reviewed annually from the date of issuance or
reissuance or from time to time as deemed appropriate by the City Engineer for the
protection of the public's health and safety. Permit review and reissuance are subject to
the following:
(1) A permit does not expire at the end of one (1) year absent an
express Permit term or condition limiting the period of the Permit;
(2) The City Engineer shall notify the Applier sixty (60) calendar days
before the permit is due for review;
(3) No fewer than thirty-five (35) calendar days before the Permit is
due for review, the Applier shall submit a certification that the information contained in
the Permit is current, or shall file a new application pursuant to this chapter.
(J) A Permit may be revoked by the City Engineer when the Applier has
violated any provision(s) of this chapter or any federal/state laws or regulations related
to the land application of Class A/Exceptional Quality Biosolids, or violated a
provision(s) of any permit issued by the Regional Water Quality Control Board, or other
state agency with jurisdiction, related to the land application of Class A/Exceptional
Quality Biosolids. If the City Engineer intends to revoke the Permit, a written notice to
this effect shall be delivered in person or by certified mail to the mailing address of the
Permit applicant. The written notice shall state the grounds for the proposed revocation.
The revocation shall be come effective ten (10) days after service of the notice unless
the Permit holder files an appeal with the City Council within that time period.
-- Page 6 of 10 Pages -- '
(K) The applicant may appeal a denial or revocation of a Permit. Any appeal
or revocation shall be made to the City Council by filing a written request for a hearing
before the City Council with the City Clerk not more than ten (10) calendar days after
notice of the proposed denial or revocation has been delivered. Upon receipt of a
written request for a hearing, the City Clerk shall set the matter for public hearing on a
date not more than ninety (90) calendar days following receipt of such written request,
and shall give the Permit applicant at least ten (10) calendar days written notice of the
time, date, and place of the hearing. After the hearing, the City Council shall issue its
written decision and findings on the appeal within thirty (30) calendar days after the
close of the hearing.
(L) The City Engineer may temporarily suspend any Permit issued under this
chapter, prior to any hearing when, in the opinion of the City Engineer, such action is
necessary to protect the residents of the City from immediate threats to health and
safety. The City Engineer shall notify the Permit holder of the temporary suspension
and the effective date thereof and at the same time shall set the matter for hearing as
soon as possible before the City Council as set forth herein. The temporary suspension
shall remain in effect until the City Council has taken final action on the merits.
(M) Fees to review and process Permit applications, appeal an action of the
City Engineer, as specified herein, inspect Sites, engage in enforcement activities and
compensate for infrastructure impacts shall be established by the City Council.
(N) No Permit may be transferred.
8.90.50 Management Practices.
(A) Transportation, storage of Biosolids and land application of Class
A/Exceptional Quality Biosolids shall not degrade the groundwater or surface water.
(B) Discharge of Biosolids to surface waters or surface water drainage
courses is prohibited and all Biosolids shall be confined to within the boundaries of the
Site.
(C) All irrigation tailwater on Sites utilized for Class A/Exceptional Quality
Biosolids application shall be maintained on the permitted site and shall not be allowed
to flow onto adjacent properties, either by means of surface or subsurface flows.
(D) Class B Biosolids shall not be stored on the Site unless approved by the
City Engineer due to adverse climatic or other emergency conditions which prevent
production and application of Class NExceptional Quality Biosolids within forty-eight
(48) hours. Sites where Class A/Exceptional Quality Biosolids are stored for more than
forty-eight (48) hours shall be designed and maintained to contain all storm water falling
from a ten (10) year, twenty-four (24) hour storm and to prevent washout or inundation
from a one hundred (100) year storm or flood.
-- Page 7 of 10 Pages --
(E) Transportation, fugitive dust, surface water runoff, storage of Biosolids and
application of Class A/Exceptional Quality Biosolids shall not cause a nuisance, odors,
flies or other vectors.
(F) Class A/Exceptional Quality Biosolids with a moisture content less than
fifty percent (50%) shall not be applied and incorporated when wind gusts are in excess
of ten (10) miles per hour.
(G) Application of Class A/Exceptional Quality Biosolids shall not cause or
result in the covering, disturbing or changing any part of a city street, road or highway or
the placing of any obstruction or piling any material on the surface of any city street,
road or highway.
(H) No Class A/Exceptional Quality Biosoiids shall be applied which contain
PCBs in excess of fifty (50) parts per million or dioxins in excess of ten (10) parts per
billion.
(I) Before the land application of Class A/Exceptional Quality Biosolids each
year, a management plan shall be submitted to the City Engineer. The plan must
include: Fields to be used, process used to create Class A/Exceptional Quality Biosolids
and mitigation of offsite flows through the Site.
8.90.60 Site Restrictions.
(A) All Class NExceptional quality Biosolids staging, storage and application
areas shall be at least:
(1) Fifty (50) feet from property lines;
(2) Five hundred (500) feet from domestic or public water supply wells;
(3) Fifty (50) feet from nondomestic water supply wells;
(4) Five hundred (500) feet from occupied residential buildings.
However, in the case of the owner's residence on the Site, the City Engineer may waive
this set back requirement if requested by the owner;
(5)Ten (10) feet from agricultural buildings;
(6)Five hundred (500) feet from sensitive receptors, except schools;
(7)Fifty (50) feet from public roads;
(8)One hundred (100) feet from surface waters (streams, ponds,
lakes, marshes,or surface pemolation or settling ponds intended for water banking
use);
(9)Two (2) miles from any school site.
(10) Sites where Class B Biosolids are stored shall be located, designed
and maintained to restrict public access.
8.90.70 Monitoring, Record Keeping and Reporting.
All persons who apply Class A/Exceptional Quality Biosolids in the city shall
submit a written report of their activity to the City Engineer on a monthly basis or as
othe~vise required by the City Engineer. The report shall include a summary o.f the~-
quantity in wet tons of Class B Biosolids hauled from each source per day and' total
-- Page 8 of 10 Pages --
quantities in both wet and dry tons of Class NExceptional Quality Biosolids applied per
month, and any additional information as required by the City Engineer.
8.90.80 Inspection and Enforcement.
(A)
personnel
(B)
analyzing
(c)
guilty of a
(D)
The City Engineer shall charge for services that are rendered by
that are necessary for the enforcement of the provisions of this chapter.
The City Engineer shall charge actual costs for testing, sampling, and
necessary to ensure compliance with the provisions of this chapter.
Any person violating any of the provisions of this chapter shall be deemed
misdemeanor.
In addition, any violation of this chapter may be deemed by the City to be
a public nuisance, and may be abated, or enjoined by the City, irrespective of any other
remedy herein provided.
8.90.90 Penalty for Violation.
Any person violating any provision of this chapter is guilty of a misdemeanor and
upon conviction thereof is punishable by a fine of not more than $500 or by
imprisonment of not more than six months or both. Every violation of this chapter shall
be construed as a separate offense for each day during which such violation continues
and shall be punishable as provided in this section. The court or the City may also
demand and require the violator to clean up at the violator's expense any illegally
applied or deposited Biosolids and dispose of it in an approved, environmentally safe
and clean manner.
8.90.100 Severability.
If any clause, provision, sentence, or paragraph of this ordinance, 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 ordinance which
still remain in effect, and to its end, it is hereby declared that the provisions of this
ordinance are severable.
8.90.110 CEQA Exemption.
The project is Categorically Exempt from the requirements of the California
Environmental Quality Act, in accordance with Section 15308 of the State of California
CEQA Guidelines as a category 8 exemption.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
.......... 000 ..........
-- Page 9 of 10 Pages --
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on MAR 12 200,3
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~r~
COUNClLMEMBER ~
COUNC~LMEMBER ~ ]~",~.-~
CITY CLERK and EX OFFICI~ of the
Council of the City of Bakersfield
APPROVED: MAR l~ Z003
By: HAR~/EY L HAL1. ~/
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
A LAI~-.D~A~
Deputy City Attorney
ADD:je
S:\COU N CIL\Ord s\BiosolidsLandApplication. DOC
-- Page 10 of 10 Pages --
NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM:
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
City of Bakersfield
Development Services Department-Planning Div.
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: Ordinance addinq new Chapter 8.90 to the Bakersfield Municipal Code requlation reoardino
biosolids.
Project Location-Specific: City-wide.
Project Location-City:
Bakersfield
Project Location-County: Kern
Description of Project: This ordinance requlates the use or disposal of biosolids within the cit~ limits.
Name of Public Agency Approving Project: City of Bakersfield.
Name of Person or Agency Carrying Out Project: Water Resources Department
Exempt Status:
X
Ministerial (Sec.21080 (b)(1); 15268)):
Declared Emergency (Sec. 21080 (b)(3); 15269 (a)):
Emergency Project (Sec. 21080 (b)(4); 15269 (b)(c)):
Categorical Exemption. State type and section number. Actions bv reoulatorv a(~encies for
protection of natural resources. Section 15308
Statutory Exemptions. State section number.
Project is exempt from CEQA pursuant to (State section number and type).
Reasons why project is exempt: Adoption of this ordinance requlates use and disoosal of biosolids and
intended to protect the public's health and the environment.
is
Lead Agency:
Contact Person: Marc Gauthier Area Code/Telephone/Extension: (661~ 326-3786
If filed by applicant:
Signatu re:
X
Attach certified document of exemption finding.
Has a notice of exemption been filed by the public agency approving the project?
Yes No
"~ ~ ~ ~ ¢2.~ Date: February 12, 2003 Title: Principal Planner
Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
S:\GAUTHIER'~BIOSOLI D S. NOE.DOC
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of March , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4113 , passed by the
March 2003 and
day of
Bakersfield City Council at a meeting held on the 12th
entitled:
AN ORDINANCE ADDING A NEW CHAPTER 8.90 TO
THE BAKERSFIELD MUNICIPAL CODE REGULATING
LAND APPLICATIONS OF BIOSOLIDS.
Is~ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield