HomeMy WebLinkAbout11-03-2015 Item 6, MattinglyCouncil Memorandum
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October 28, 2015
TO: City Council
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SLO CITY CLERK
COUNCIL MEETING: ` 0, aO1 S—
FROM: Carrie Mattingly, Utilities Directo ITEM NO.: U VIA: Katie Lichtig, City Manager
SUBJECT: AGENDA CORRESPONDENCE ELATED TO NOVEMBER 3, 2015
MEETING, ITEM 6
As City Council considers the authorization of a request for proposals for management and
beneficial reuse of the City's biosolids it may find a history related to the development of
biosolids regulations helpful to its deliberations.
Federal and State Biosolids Regulations
Amendments to the Federal Clean Water Act in 1987 mandated the development of regulations
for biosolids to protect public health and the environment from any reasonable adverse effects of
certain pollutants that might be found in biosolids. These regulations, commonly known as the
503 regs, became effective on February 19, 1993. In July of 2004, the State of California adopted
similar regulations for biosolids and included additional requirements found in the California
Water Code. Federal and /or State regulations do not supersede a local agency's ability to further
restrict or prohibit the use of biosolids in its jurisdiction. A local agency's regulations, should it
choose to adopt such regulations, must be at least as stringent as the most stringent Federal
and/or State regulations.
County Biosolids Regulations
Concern over a 1998 proposal to utilize biosolids as a soil amendment near San Miguel led the
County Environmental Health Department to form a working group to consider options for
managing land application of biosolids. The working group recommended creation of a County
ordinance that provided local oversight and more stringent requirements than existing State and
Federal regulations. In March 2002, the Board of Supervisors directed County Environmental
Health to draft a local ordinance based on the recommendations from the working group. An
interim ordinance was drafted to limit the acceptance or processing of new projects proposing
land- application of biosolids while a permanent ordinance could be drafted. The interim
ordinance was adopted in September of 2004.
In April 2009 the Board of Supervisors decided to defer the permanent ordinance and extend the
interim ordinance after it was determined the environmental review would cost $200,000. In
March of 2014, the interim ordinance was extended to March 31, 2018. According to recent
conversations with County staff, it is presently waiting for new information from the
Environmental Protection Agency to determine the next steps for a permanent biosolids
ordinance.
Agenda Correspondence regarding Biosolids RPP Page 2
Staff from the City, County, and local agencies continue to work on drafting language for a
permanent countywide biosolids ordinance that is protective, utilizes existing regulations,
streamlines the use of compost, and contains reasonable regulatory language. In alignment with
Council's le�islanve .'platfohn, City staff has provided comments and language for the County's
Conservation and Open Space Element and the Agricultural Grading Ordinance to ensure
biosolids and biosolids compost may be used where appropriate and beneficial.
Beneficial Reuse of Biosolids
Beneficial reuse is the management and utilization of biosolids to recover their resource value.
When land applied, either as an agricultural amendment or for landscaping, biosolids have been
shown to improve soil productivity, increase water holding capacity, and provide essential plant
nutrients.
As mentioned in the November 3, 2015 Council Agenda Report, biosolids are graded based on
three Federal and State standards: pollutants, vector attraction, and pathogen reduction.
Exceptional Quality (or EQ) biosolids meet the most stringent of these requirements. The City's
biosolids meet two of the three EQ standards for pollutants and vector attraction. While the
process in the WRRF digesters destroys pathogens in the biosolids (and is a State and federally
recognized method for pathogen reduction) further pathogen reduction is required to meet the
EQ standards. Composting is an approved method that achieves the highest level of pathogen
destruction required to achieve EQ status.
Currently, the interim County ordinance limits the beneficial reuse of EQ biosolids countywide
to 1,500 cubic yards annually within the unincorporated areas of the county and requires
notification to County Environmental Health for use of more than 5 yards. While the current
interim ordinance does not limit the use of biosolids within City limits, it severely limits and
discourages its use within the unincorporated areas of the County.
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