Article 8. Agricultural Solid Waste Management Standards
General
Section 17801. Intent of Standards.
These standards are generally intended to describe levels of
performance expected rather than stating detailed requirements; wherever possible, persons
responsible for management of manures and agricultural wastes shall be permitted
flexibility of approach in meeting the objectives set by the standards. Where the phrase
"as approved by the Enforcement Agency" is used, it is contemplated that, in
most instances, the operator will propose a method, physical improvement, management
modification or other appropriate means to comply with a standard to enable approval by
the Enforcement Agency (as opposed to the Enforcement Agency specifying the exact means of
compliance). These standards are intended only to eliminate excessive vectors or other
adverse public health/well-being effects associated with any agricultural operation.
It is the intent of these standards to promote conditions under which
agricultural operations and residential or public use of properties can coexist.
Note:
Authority cited:
Sections 40502 and 43020 of the Public Resources Code; Section 4520, Health and Safety Code.
Reference:
Sections 43020 and 43021 of the Public Resources Code.
Section 17802. Repealed.
17803. Compliance with Laws and Regulations.
Nothing in these standards shall be construed as relieving an owner,
operator, or designer from the obligation of obtaining all required permits, licenses, or
other clearances, and complying with all orders, laws, regulations or other requirements
of other approval, regulatory or enforcement agencies, such as, but not limited to, local
health entities, water and air quality boards, local land use authorities, fire
authorities, etc.
Section 17804. Repealed. Section 17805. Appeals.
The Board and the Department will provide for review and appeals
regarding these standards. Thus any enforcement action by the local Enforcement Agency,
including the determination that agricultural operations are resulting in excessive
vectors, odor, dust, or feathers, may be investigated and confirmed or denied by the
Department.
Definitions (H) These Definitions Supplement the Definitions in
Article 4
Section 17810.1. Manure.
(H) Manure shall mean the accumulated moist animal excrement that does
not undergo decomposition or drying as would occur on open grazing land or natural
habitat. This definition shall include feces and urine which may be mixed with bedding
material, spilled feed or soil.
Section 17810.2. Confined Animals.
(H) Confined animals shall include, but not be limited to, all cattle,
horses, sheep, swine, rabbits, poultry, dogs, cats, fur-bearing animals, and other animals
that are held, confined or fed supplementally in enclosures where the excrement
accumulates as manure. The numbers of animals per unit of enclosed area shall be a part of
this definition when excessive vectors, odor, dust or feathers are produced as determined
by the Enforcement Agency or the Department taking into consideration varying regional
environmental conditions.
Seciton 17810.3. Enforcement Agency Inspection.
(H) An Enforcement Agency inspection shall mean a site inspection by an
agent of the Enforcement Agency or the Department trained in the knowledge of the biology
of and prevention of vectors, odor, dust or feathers associated with agricultural solid
wastes, so as to protect the public health and well-being.
Section 17810.4. Excessive Vectors.
(H) Excessive vectors shall refer to the presence of domestic flies,
mosquitoes, cockroaches, rodents, and/or any other vectors associated with agricultural
wastes which:
(a) Occur as immature stages and adults in numbers considerably in excess of those found in the surrounding environment; and
(b) are associated with design, layout and management of agricultural operations; and
(c) disseminate widely from the property; and
(d) cause detrimental effects on the public health or well-being of the
majority of the surrounding population as determined by the Enforcement Agency or the
Department.
Section 17810.5. Excessive Odor, Dust and Feathers.
(H) Excessive odor, dust and feathers shall refer to the presence of
these materials which:
(a) Are associated with design, layout and management of agricultural operations; and
(b) disseminate widely from the property; and
(c) cause detrimental effects on the public health or well-being of the
majority of the surrounding population as determined by the Enforcement Agency or the
Department.
Storage Handling And Disposal
Section 17820. Agricultural Solid Wastes As a Public Health/Well-Being Hazard.
(H) Any person who sustains, stores, manages or receives agricultural
by-products or other waste materials generated as a result of the operation of any
agricultural property or produce processing plant shall do so in such a manner as to
prevent the spread of disease, the occurrence of excessive vectors, odor, dust, or
feathers or other such adverse conditions related to the public health and well-being. In
addition:
(a) The presence of excessive vectors on
the property shall be prima facie evidence that an adverse public health/well-being hazard
exists.
(b) The determination of the presence of excessive vectors shall be
made by an Enforcement Agency or the Department.
(c) The determination of the presence of excessive vectors shall take
into account the proximity of the agricultural operation to neighboring human habitation
and use areas, the population density of the entire area and the severity of the public
health/well-being hazard posed by said vectors.
Section 17821. Inspection of Agricultural Operations
(H) The Enforcement Agency shall have inspection capability to enforce
these standards and to conduct appropriate numbers of site inspections of agricultural
operations located within its jurisdiction. Need, if any, and frequency and timing of
inspection should be based on public demand, the nature and size of the operation, the
season, the vector potential of the operation and its proximity to residential properties.
During inspection of agricultural operations the inspector shall observe all reasonable
precautionary security, sanitation or other measures specified by the agricultural
operator.
Section 17822. Correction of Adverse Public Health/Well-Being Conditions.
(H) When the Enforcement Agency or the Department determines that
design and layout of agricultural operations or management of agricultural wastes result
in the occurrence of excessive vectors or any other adverse public health/well-being
related conditions, the owner or operator of the property shall be informed in writing of
a violation of these standards and shall be required to institute appropriate measures
promptly to correct the condition in a manner approved by the Enforcement Agency or the
Department.
Section 17823. Agricultural Wastes Management Practices.
(H) Agricultural operations shall be managed in a manner which will not
cause excessive vectors or other adverse public health/well-being conditions.
The Enforcement Agency shall provide state-developed guidelines which will assist
agricultural operators or others concerned in design, layout, and management plans that
minimize excessive vectors or other adverse public health/well-being conditions. Organic
wastes are potential resources, and agricultural operations should adopt comprehensive
waste handling practices which will lead to resource recovery.
Section 17823.1. Animal Manure.
(H) The manure management practices being performed by the agricultural
operation shall be conducted so as to prevent the creation of excessive vectors or other
adverse public health/well-being conditions, otherwise manure shall be removed at
intervals frequent enough to prevent the occurrence of such conditions. Manure removed
from confined animal areas shall be managed so as to prevent the creation of adverse
public health/well-being conditions.
Section 17823.2. Vegetable or Fruit Crop Field Residues.
(H) Vegetable or fruit crop field residues which can be a source of
excessive vectors or other conditions that adversely affect the public health/well-being
shall be incorporated into the soil when conditions of soil moisture permit, completely
consumed by livestock, removed from the field prior to the development of such conditions
or managed by other appropriate measures to suppress the adverse effect.
After removal from the field, crop residue wastes shall be stored, processed or disposed
of so as to prevent the creation of conditions adverse to the public health/well-being.
Section 17823.3. Vegetable or Fruit Crop Processing Wastes.
(H) Where decomposable wastes from vegetable or fruit crop processing
operations can become a source of excessive vectors or other conditions that adversely
affect the public health/well-being, approved management practices to prevent such
conditions shall be initiated.
Section 17823.4. Dust, Hair and Feathers.
(H) Dust, hair and feathers associated with confined agricultural
operations shall be managed so as to avoid conditions that adversely affect the public
health/well-being as determined by the Enforcement Agency. Accumulations of hair and
feathers shall be periodically disposed of in a manner approved by the Enforcement Agency
or the Department.
Section 17823.5. Dead Animals.
(H) The carcasses of animals with any contagious disease shall be
disposed of by means prescribed by the California Department of Food and Agriculture,
Division of Animal Industry.
Animal carcasses from confined animal operations shall be collected,
stored, and removed from the property to an approved processing facility or disposal site
prior to the creation of adverse public health/well-being conditions, or processed or
disposed of on the property in a manner approved by the Enforcement Agency.
Animal carcasses from animals on pasture or rangeland shall be managed so as to prevent
the creation of excessive vectors or other adverse public health/well-being conditions.
Section 17824. Management of Agriculture Waste Ponds, Lagoons, Ditches and Pipelines.
(H) Ponds, lagoons, ditches and pipelines used for the transfer,
holding, treatment and stabilization of manure or vegetable or fruit crop wastes shall be
managed so as to prevent the creation or harborage of excessive vectors or other
conditions that adversely affect the public health/well-being. Accumulations of floating
solids, scum and thick aquatic vegetation, and the growth of weeds and emergent aquatic
vegetation at the water's edge shall be continuously maintained at a minimal level to
assist in the prevention of such adverse conditions.
Disposal or utilization of the contents of such facilities shall not
create excessive vectors or other adverse public health/well-being conditions.
17830. Repealed.
17831. Repealed.
17832. Repealed.
17833. Repealed.
17834. Repealed.
17835. Repealed.
17836. Repealed.
17837. Repealed.
17838. Repealed.
17839. Repealed.
17840. Repealed.
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