Chapter 8.64
LAND APPLICATION SLUDGE AND MANURE
Sections:
8.64.050 Standards for manure use at approved sites.
8.64.010 Short title.
This chapter shall be known as the sludge and manure control ordinance of the city. (Ord. 09-15 § 1 (part))
8.64.020 Definitions.
For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
“Department” shall mean the community development department of the city of San Jacinto.
“Director” shall mean the planning director of the city of San Jacinto.
“Land application” shall mean the spraying or spreading of sludge or manure onto the land surface, the injection of sewage sludge or manure below the surface, or the deposit, release, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, burying or disposal into the environment of sewage sludge or manure into the soil so that it can either condition the soil or fertilize crops or vegetation grown in the soil.
“Land owner” shall mean any person, firm, company, business, city, county, district, sole proprietor, partnership, joint venture, trust, association, limited liability corporation, corporation (whether profit or nonprofit), or any other entity that owns, leases, occupies, rents, is authorized by the property owner to conduct farming activities or otherwise controls real property within the city of San Jacinto.
“Manure” shall mean any bulk, unbagged substances composed primarily of animal excrement (excluding human excrement).
“Quality manure” shall mean manure that is not tainted by the incorporation of foreign material (including sewage sludge). Quality manure shall not contain solid, hazardous, or medical wastes.
“Sewage sludge” shall mean solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge, as used in this chapter, excludes biosolid products that are in a bag or container packaged for routine retail sales through regular retail outlets which are primarily used for residential landscaping. (Ord. 09-15 § 1 (part))
8.64.030 Prohibitions.
A. Prohibition of Land Application of Sludge. No person shall engage in the land application or to cause, suffer, or permit dumping (including by abandonment or discarding) of any sewage sludge upon, into or under any premises within the city of San Jacinto.
B. Prohibition of Land Application of Manure. It shall be unlawful for any person to apply manure to any land within the city of San Jacinto unless the requirements of this chapter are met. (Ord. 09-15 § 1 (part))
8.64.040 Exemptions.
Exemptions to the land application of manure.
The following sites are exempted from the prohibition of the land application of manure:
A. Agricultural sites operated in conjunction with a public school with a recognized agricultural training program or curriculum.
B. A tree or vine farming operation considered active by the planning director.
C. Operating farms which meet all of the following conditions:
1. The site or sites have been registered with the planning director, using criteria including but not limited to that below. An application for approval to apply manure pursuant to these exemptions shall be filed with the planning director on forms provided by his/her office.
2. The site has a minimum of five acres of tillable soil or as otherwise accepted by the planning director.
3. There is a distance not less than one-quarter mile from all public schools in session during the time in which manure is to be applied and incorporated.
4. The manure application is conducted by or for the operating farm using only quality manure. (Ord. 09-15 § 1 (part))
8.64.050 Standards for manure use at approved sites.
Application restrictions.
A. Manure shall not be transported or applied to sites located less than one-fourth mile from a public school on days when that school is in session.
B. Manure shall not be transported or applied to sites located less than one-half mile from sensitive receptors such as senior care facilities, senior restricted communities, or hospitals.
C. Manure shall not be applied within one hundred (100) feet of any well.
D. Manure shall be spread evenly across the entire site.
E. Upon application, manure shall be incorporated into the soil by discing or other suitable tillage within the timelines set forth below. Manure incorporation shall be thorough, to a depth of not less than six inches.
1. Less than twenty (20) acres: within forty-eight (48) hours of delivery.
2. Greater than twenty (20) acres: within seven days of delivery.
F. Manure shall not be applied in wet or windy conditions (over five mph) or in any other condition which would inhibit effective incorporation into the soil.
G. Manure delivery shall not take place until at least a forty-eight (48) hour notice is given to the planning director (excluding weekends and legal holidays). This shall be done either by fax or through hand delivery. (Ord. 09-15 § 1 (part))
8.64.060 Violations.
A. Fines. Violations by any person, firm, partnership, association, or corporation of any of the provisions of this chapter constitutes an infraction or misdemeanor as hereinafter specified. Each day of infraction shall be considered a separate offense. Upon conviction thereof, the person or entity shall be subject to a fine of two hundred fifty dollars ($250.00) for the first violation, five hundred dollars ($500.00) for the second violation within the same one-year period, and fines of one thousand dollars ($1,000.00) for each additional violation within the same one-year period, or other fines as established by state law. Fourth and additional violations shall each constitute a misdemeanor and shall be punishable by a fine of two thousand five hundred dollars ($2,500.00), six months in jail, or both. Payment of any penalty provided herein shall not relieve the person, as defined, of the responsibility of correcting the conditions considered as a separate and distinctive offense.
B. Cost Recovery. Any additional remedies, penalties, and procedures for violations of this chapter shall be recovered by the city in accordance with the San Jacinto Municipal Code.
C. Public Nuisance Declaration. Any violation of this chapter is hereby deemed to be a public nuisance and may be abated or enjoined by the city, irrespective of any other remedy herein. (Ord. 09-15 § 1 (part))