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HomeMy WebLinkAboutMINUTES - 09171991 - EA.1 EA.1 ` Contra TO: BOARD OF SUPERVISORS Qosta FROM: ENVIRONMENTAL AFFAIRS COMMITTEE ' ~'. SUPERVISOR NANCY C. FAHDEN, CHAIR 'sTA cd"u+ County SUPERVISOR TOM TORLAKSON DATE: September 9, 1991 SUBJECT: LANDSPREADING OF SEWAGE SLUDGE AT BYRON HOT SPRINGS SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept this report from the Environmental Affairs Committee. - 2 . Continue to rely on state (Regional Water Quality Control Board) criteria and permitting for the landspreading of sludge as a soil amendment or fertilizer. 3 . Direct that the County Health Services Department and Community Development Department meet with staff representatives of the two Regional Water Quality Boards having jurisdiction in Contra' Costa County to resolve issues of noticing, permit limitations, enforcement and complaint handling. 4 .. Direct the County Health Services Department, in cooperation with County Counsel and the Community Development Department, to prepare recommendations to update Chapter 418. 2 of the County Ordinance Code, pertaining to the licensing of commercial refuse haulers. FISCAL IMPACT Staff and out-of-pocket costs, for drafting ordinance revisions, meetings, and notices, are estimated at $2 , 000 to $5, 000. The expenses would have to be borne by the participating departments and the Board of Supervisors (for its public hearing) . No CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR xx RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) :qSupervi �08Z13` or Nancy Fanden, Chair Supervisor Tom Torlakson ACTION OF BOARD ON Se.:)terlber 17, 1991 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department (CDD) ATTESTED September 17, 1991 cc: Byron Advisory Council (via CDD) PHIL BATCHELOR, CLERK OF RWQCB (via CDD) THE BOARD OF SUPERVISORS County Administrator AND COUNTY ADMINISTRATOR County Counsel Health Services Department As- BY &Lid DEPUTY CZ:se ea:\bo\BHSsludg Landspreading of Sewage Sludge at Byron Hot Springs Continued - Page Two off-setting revenues are evident at this time, but the ordinance revision might call for new administrative or licensing fees. BACKGROUND/REASONS FOR RECOMMENDATIONS The Board of Supervisors on July 23, 1991, at the request of Supervisor Torlakson, directed the Growth Management and Economic Development Agency to coordinate a review of the circumstances regarding the spreading of sewage sludge on property at the Byron Hot Springs. A complaint originated by the Byron Advisory Council raised concerns about health hazards and odors, and there was uncertainty about permitting and monitoring responsibilities. The Board Order included the Community Development and Health Services Departments, and a referral to the Environmental Affairs Committee. Subsequently, the Community Development Department and Health Services Departments prepared reports on aspects of the situation (memo, August 1, 1991, and letter, August 6, 1991, respectively) . A meeting of departmental representatives was convened by the GMEDA Director on August 20th, at which time it was decided to draft a report, and take it to the Environmental Affairs Committee at its September 9th meeting. The staff report was considered by the Committee and resulted in this report to the Board. Circumstances pertaining to the permitting of the Byron Hot Springs landspreading operation are described in several documents which have been transmitted under separate cover. These include the Community Development and Health Services Departments' communications described above, and the state's Waste Discharge Requirements (permit) , as well as excerpts from the County Ordinance Code. Issues attending this permitting are described below. Issue 1: Who approved the landspreading operation.? The landspreading operation was permitted by the state's Regional Water Quality Control Board Central Valley Region, which has jurisdiction in eastern Contra Costa County. The permit requirements were made in accordance with the state's Manual of Good Practices for Landspreading of Sewage Sludge. A copy of the RWQCB's Waste Discharge Requirements (permit) is attached to the documents memorandum. The permit was originally issued to enable the property to use sludge from the Delta Diablo Sanitary District, but allowed the use of sludge from comparable "alternative" sources. The RWQCB prepared a Negative Declaration to comply with the California Environmental Quality Act. The Delta Diablo sludge was analyzed prior to the issuance of the permit, and the permit required post-application monitoring. The RWQCB's permitting process typically requires adequate technical submittals, provides for adequate controls, and is generally thorough. Consequently, staff has not recommended that the County create a separate permitting system. In the case of the Byron Hot Springs operation, there appears to have been communication gaps that resulted in County department and elements of the public being unaware of what was happening; for example that the operation was not using Delta-Diablo sludge. There also appear to have been instances of people wanting to complain about odors, but not knowing where the complaints needed to be directed. As a result, the Committee believes that County staff should meet with the staffs of the two Regional Water Quality Control Boards having jurisdiction in Contra Costa County to discuss improving noticing and the handling of complaints. Landspreading of Sewage Sludge at Byron Hot Springs Continued - Page Three Issue 2: Should the County also have permitted the landspreading operation? The landspreading operation did not require a planning entitlement because it is a short-term soil enhancement activity, not a long-term sludge disposal. The operation did not require a Solid Waste Facilities Permit from the Health Services Department for the same reason, but the operator should have obtained a formal exemption from the Health Services Department. Issue 3 : Should the landspreading operator have obtained a County permit to haul sludge? Chapter 418-2 of the County Ordinance Code provides that transporting "refuse" on public streets and roads need to obtain a permit from the Board of Supervisors. The language of the chapter is broad enough to apply to anyone "engaged" , with or without compensation, to haul waste, solid or liquid. The requirement has been applied to commercial waste collectors, but not to either ordinary trucking firms or individuals. The operator, therefore, was keeping with precedent by not seeking a permit. Chapter 418-2 should be . re-written for several reasons. Among them: its purpose is unclear, its actual use for many years is potentially inconsistent with its broad language, and its awkward permitting arrangement is inconsistent with contemporary administrative practice. Staff has recommended that it be reviewed, and the Committee concurs. CZ:se ea:\bo\BHSe1udg