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Home My WebLink AboutMINUTES - 06211994 - 1.78 \J1 TO: BOARD OF SUPERVISORS Contra Costa FROM: HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENT ', pU DATE: June 1, 1994 SQA coUf, cA SUBJECT: Amending Zoning Code Provisions Addressing Applications of Sludge in Agricultural Districts SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the report from the Director of Community Development regarding proposed Zoning Ordinance Amendments relating to the application of sewage sludge to agricultural lands. 2 . Direct County Counsel to prepare the revision to the Ordinance Code based on the Board's direction. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS A. Background On December 7 , 1993 the Board of Supervisors requested that the Community Development Department consider adding sludge disposal and soil processing operations as an allowable use in agricultural areas, eliminating the requirement to obtain a land use permit. Prior to the Board's action, the Community Development Department received several inquiries regarding permitting .requirements for applying municipal wastewater treatment sludge to agricultural lands. Inquiries were also received regarding applying paper sludge, hydrocarbon contaminated soils, and biosolids from oil refineries. CONTINUED ON ATTACHMENT: I X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT TE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 21 , 1994 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. Contact:Catherine Kutsuris - 646-2091 Orig: Community Development Department ATTESTED June 21, 1994 cc: Health Services Department PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AN OUNT MINISTRATOR BY , DEPUTY f 2 . The Community Development Department has considered the application of municipal wastewater treatment sludge to be a permitted agricultural use (one that occurs without a land use permit) provided that the applicant demonstrates that the use is primarily agricultural in nature as opposed to constituting a disposal operation. Projects such as those which involve applying hydrocarbon contaminated soils, paper sludge and "biosolids" from refineries have been classified "recycling" or "disposal" operations, and a land use permit has been required. These type of uses also require a land use permit within the Heavy Industrial Zoning District . There are several pending land use permits for projects located within the industrial zoning districts involving the processing of hydrocarbon contaminated soils . B. Proposed Revisions Our Department is not recommending that the Code be amended with respect to soil production uses or facilities . Soil processing and production facilities are essentially industrial in nature, and land use permits are necessary to ensure that potential adverse environmental effect are evaluated, and that the project will not adversely affect the surrounding properties . Our Department recommends that the Code be amended to allow other types of materials to be applied to agricultural lands as a soil amendment without obtaining a land use permit . The requirement that the project applicant demonstrate agricultural benefits, such that the project would not constitute a disposal operation, would not change . Instead, a set of standards is proposed which would ensure that : ■ The project is an economically viable agricultural use; ■ Neighboring properties are not adversely affected; ■ Environmental protection is assured; To ensure that those who may be concerned or affected by the use are properly noticed of the pending activity, noticing of nearby property owners and the applicable Municipal Advisory Council is proposed. 1 . Standards : Projects which meet the following criteria would be considered permitted agricultural uses and a land use permit would not be required: a. Materials to be applied do not include wastes that are classified as "hazardous" by agencies with regulatory authority over the management of hazardous materials or wastes . Materials such as hydrocarbon contaminated soils are not consistent with these standards . b. The applicant has obtained a Waste Discharge Permit from the Regional Water Quality Control Board, or has provided evidence that a permit is not required. C . The applicant has obtained a Solid Waste Facility Exemption from the County Health Services Department, or has supplied evidence that an exemption is not required. Projects which are permitted as solid waste facilities by the County Health Services Department do not meet these standards . This criterion ensures that landfills, transfer stations and large composting facilities are not permitted uses . 3 . d. The applicant has satisfactorily demonstrated that the project is primarily an agricultural use and has demonstrated agricultural benefits . The intent of this standard is to differentiate between those materials which will substantially improve the agricultural productivity of the site from those materials which have marginal benefit and are essentially disposal operations . A report from a registered agronomist which evaluates site characteristics, the specific materials to be used, the crop to be planted and the benefit to the crop must be submitted. e . Site requirements : * The application area may not include sites that are within the flood zone boundary. * The project must maintain a 200 foot setback from the application area to the property boundary and to an off-site road. A 1, 000 foot setback is required between the applica- tion area and a residence located on any adjacent parcel . The residential buffer does not apply to any on-site residential uses . Multiple contiguous parcels will be viewed as one site for the purpose of determining setback requirements to the property boundary. * For sites which include water resources (e .g. , creeks, wetlands) or for which water resources are located within 1, 000 feet of the applica- tion area, the Zoning Administrator shall determine the appropriate setback in consulta- tion with the State Department of Fish and Came and/or the U. S . Army Corps of Engineers . 2 . Review Process The Community Development Department would administra- tively review the project for compliance with the standards listed above . Applicants would be required to submit the information necessary to substantiate that their project meets these standards . We expect that the application materials submitted to the Regional Water Quality Control Board and the County Health Services Department will be sufficient for our Department' s review. Prior to issuing a determination, our Department would send notices of a pending administrative decision to property owners located within 1, 000 feet of the boundary of the parcels involved. Notice would also be sent to the Municipal Advisory Council for the area. This would allow an opportunity for the applicant and the surrounding neighbors to discuss any concerns, and to amend the project to resolve any issues . Upon the finding that the standards have been met, the Zoning Administrator would issue a written determination that the project is a permitted agricultural use . CK/aa BOI/Sludge .CK