2013-131U Manure Management & Disposal ORDINANCE NO. 2013-131U
AN URGENCY ORDINANCE OF THE CITY OF MENIFEE ADOPTING NEW
CHAPTER 6.20 RELATING TO MANURE MANAGEMENT AND DISPOSAL
AND REPEALING ANY AND ALL PROVISIONS OF EXISTING ORDINANCES
THAT CONFLICT WITH OR ARE INCONSISTENT WITH THIS ORDINANCE
AND RECITING THE URGENCY THEREOF
The City Council of the City of Menifee ordains as follows:
SECTION 1. The City of Menifee incorporated on October 1, 2008, and as its first order of
business adopted all existing codes and resolutions of the County of Riverside applicable to the
new City. Those codes and resolutions that have not been amended or repealed remain in
effect at this time.
SECTION 2. The Santa Ana Regional Water Quality Control Board (SARWQCB), which has
jurisdiction over the City of Menifee with regard to water quality issues, has issued a Notice of
Violation for the Area-wide Municipal Separate Storm Sewer System Permit (MS4 Permit),
NPDES No. CAS618033, Order No. R8-2010-0033 (the "Order") regarding a threat to water
quality posed by the accumulation of manure on property located within the City of Menifee (the
"Site"), noting that the City's current enforcement mechanisms appear to be inadequate to
permit immediate obtain compliance on the Site as required by the MS4 Permit and the
Drainage Area Management Plan.
SECTION 3. The Order requires the City to revise its Local Implementation Plan,
including City ordinances, to include specific enforcement mechanisms that will be
effective to compel compliance with current regulations and to assure that the City has
adequate legal authority, clear intent and directive and secured resources that will
enable the City to progressively enforce violations of its ordinances. It also requires by
August 31, 2013 that the City submit a plan to assure that the Site will comply with City
ordinances.
SECTION 4. The City Council declares that the issuance of the Order mandating
clarification of City standards and enforcement mechanisms relating to manure
management constitutes an urgency requiring immediate enactment of an ordinance
setting clear and definitive standards and procedures for manure management and
disposal and repeal of all other City ordinances that conflict with or are inconsistent with
the clarifying ordinance enacted.
SECTION 5. To comply with the Order, a new Chapter 6.20 Manure Management and
Disposal is hereby added to the Menifee Municipal Code as set forth in Attachment A
which is incorporated herein as though set forth in full and those provisions of this
Ordinance shall control and prevail over provisions in any and all ordinances adopted by
the City of Menifee that conflict with or are inconsistent with this Ordinance. Such
conflicting or inconsistent ordinance provisions are hereby repealed to the extent that
they are in conflict with or inconsistent with this Ordinance and any such repealed
provisions are of no further force or effect.
SECTION 6. This Urgency Ordinance shall take effect immediately upon its adoption in
accord with the provisions of Government Code Section 36937.
PASSED, APPROVED AND ENACTED this 21 st day of ust, 2013.
Scott A. Mann, Mayor
Approved as to Form:
r
e Hayward Biggs, t Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2013-131 U to be the original ordinance adopted by the City Council of
the City of Menifee on August 21, 2013 and that said ordinance was published in accordance
with the law.
Date:
Kathy Bennett, City Clerk
2
URGENCY ORDINANCE 2013-131U - ATTACHMENT A
Chapter 6.20
CITY OF MENIFEE MANURE MANAGEMENT AND DISPOSAL
Sections:
6.20.010 Intent and purpose.
6.20.020 Definitions.
6.20.030 Applicability.
6.20.040 Best management practices for manure storage and disposal.
6.20.050 Requirement to participate in the city's manure program.
6.20.060 Charges, billing and collection.
6.20.070 Appeal.
6.20.080 Self-haul permit.
6.20.090 Payment of bills.
6.20.100 Penalty.
6.20.110 Collection of manure collection service charges.
6.20.010 Intent and purpose.
It is the intent of this chapter to outline best management practices and to establish
regulations for the proper handling, temporary storage, collection, and disposal of
manure in the City of Menifee. These practices are designed to prevent the discharge of
pollutants into stormwater runoff which enters the municipal separate storm sewer
system (MS4), prevent leaching of nutrients into the groundwater and to minimize fly
breeding and wind induced pollutants from stored manure. This chapter also requires all
persons in the City of Menifee who keep livestock posing a risk to the environment to
participate in the city's manure collection program and pay the associated service fees
or follow the self-hauling provision set forth at section 6.20.080 of this chapter. This
ordinance is enacted in pursuance of and in conjunction with existing environmental and
water quality laws and regulations including the City of Menifee Municipal Code
(Chapter 15.01), the municipal separate storm sewer system permit (MS4 permit), the
National Pollutant Discharge Elimination System (NPDES), and the Federal Clean
Water Act (33 U.S.C. Section 1342).
6.20.020 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context indicates a different
meaning:
(a) "Animal livestock" means any type of farm animal kept or raised for use or
pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras,
emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries.
Dogs and cats are specifically excluded.
(b) "Person" means any property owner, resident, occupant, firm, partnership,
association, corporation, company or organization of any kind.
(c) "Best management practices (BMP)" means a practice, method, approach, or
combination of practices, based on research, field-testing, and expert review to be the
most effective and practicable means of storing, handling, removing, and disposing of
livestock manure.
(d) "Composting" means the process by which biological decomposition of organic
solid waste is carried out under controlled aerobic conditions, and which stabilizes the
organic fraction into a material which can easily and safely be stored, handled, and
using an agricultural rate approved by the Director of Public Works for a period of 30 to
90 days.
(e) "Animal livestock keeping" means owning and/or caring for horses or other animal
livestock on privately owned, commercial or residential or other property within the City
of Menifee.
(f) "Manure" means a solid waste composed of excreta of animals and residual
materials that have been used for bedding, sanitary, or feeding purposes for such
animals.
(g) "Municipal separate storm sewer system (MS4)" means a conveyance or system
of conveyances (including streets, catch basins, curbs, gutters, natural or manmade
channels, or storm drains) owned or operated by a public body having jurisdiction over
disposal of stormwater or other wastes.
6.20.030 Applicability.
The standards, regulations, and best management practices established in this chapter
shall apply to all persons engaged in animal livestock keeping of 10 or more horses,
cows or similarly sized animals or the keeping of livestock animals regardless in a
location that poses a risk of contamination to water quality contrary to the provisions of
City of Menifee Municipal Code (Chapter 15.01), the municipal separate storm sewer
system permit (MS4 permit), the National Pollutant Discharge Elimination System
(NPDES), and the Federal Clean Water Act (33 U.S.C. Section 1342) within the city
limits of the City of Menifee. Such persons who keep livestock shall participate in the
city's manure collection program and pay the required fees or manage and remove
manure in a manner consistent with section 6.20.080 of this chapter. Persons who do
not keep livestock in a number or location that poses a risk to water quality shall not be
required to participate in the manure collection program.
6.20.040 Best management practices for manure storage and disposal.
It shall be unlawful for any person to store or dispose of manure except by best
management practices. Best management practices for the proper storage and disposal
of manure must eliminate or minimize the potential of runoff containing pollutants and
leaching of nutrients into groundwater or surface waters from areas where manure
accumulates or is temporarily stored, and are as follows:
(a). Manure Storage on Private Property.
1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock
keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.
2. Manure shall be stored in containers which are approved by the city or in a
designated manure waste storage area constructed in conformance with the minimum
guidelines established in this chapter.
3. Manure storage whether in a cart, dumpster bin, roll-off box or constructed structure
shall be stored at least 35 feet from the nearest neighboring dwelling unit.
4. Approved containers are those supplied by the city's franchise hauler and include
carts, two-yard bins and roll-off boxes or otherwise approved by the Director of Public
Works. All such containers shall be equipped with working lids to minimize water
accumulating within the container.
5. Manure storage areas shall be constructed in such a manner as to minimize
potential runoff. No manure storage structure or container shall be placed within 10 feet
of a flood control channel or open storm drain or in any other location where it could
threaten water quality. Storage areas shall be constructed with a three-walled, fire-proof
structure on a concrete base with a roof or tarp per standards established by the public
works director.
6. Manure runoff which discharges onto adjacent property, onto city streets, horse
trails, or into flood control channels is prohibited, and allowing such to occur,
intentionally or negligently, shall be in violation of this chapter.
(b). Manure Collection Services.
1. Persons who keep livestock shall regularly and legally dispose of accumulated and
stored manure. Manure shall be removed from properties on a weekly basis unless an
approved hauler scheduling allows for a variation.
2. All persons who keep livestock shall participate in the city manure collection
program. The collection and transportation of manure from commercial and private
properties within city boundaries shall be done utilizing the city designated franchise
manure disposal contractor. However, persons who have been issued a valid self-haul
permit may privately haul their manure to an approved designated disposal facility in
lieu of the city's manure collection contractor. In order to do so, such persons must be
issued a self-haul permit from the city's public works director. Such permits shall be
reviewed annually.
(c). Manure Spreading and Composting.
1. Manure spreading over arenas, pastures, corrals or other livestock areas as an
alternative means of disposal is prohibited and shall be in violation of this chapter.
2. Manure composting may be permitted by issuance of a composting permit by the
Director of Public Works upon submission of an application that demonstrates that the
composting will be done in a manner acceptable to the Director of Public Works and
that will not negatively affect water quality.
6.20.050 Requirement to participate in the city's manure program.
Every person or owner of residential, commercial or public property in the City of
Menifee engaged in animal livestock keeping of 10 or more horses, cows or similarly
sized animals or in the keeping of animal livestock in a location that poses a risk of
contamination contrary to the provisions of City of Menifee Municipal Code (Chapter
15.01), the municipal separate storm sewer system permit (MS4 permit), the National
Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act (33
U.S.C. Section 1342) shall adhere to all manure management practices. Failure to
participate in the city's manure collection program shall subject the violator to the
general penalties set forth in Chapter 1.01.200 and to administrative citations pursuant
to Chapter 1.03 of the Menifee Municipal Code unless a self-haul permit is obtained
pursuant to section 6.20.080 of this chapter.
6.20.060 Charges, billing and collection.
Every person or owner of residential, commercial or public property or premises in the
City of Menifee that keep livestock shall be billed for manure collection services
pursuant to approved city billing practices. In accordance with the refuse service
agreement, the city may handle contractor's billings, collections and payments due
contractor from persons served unless they have obtained a self-haul permit pursuant to
the provisions of section 6.20.080 of this chapter.
6.30.070 Appeal.
Any occupant or owner of residential property or premises in the city who has been
billed for manure collection services and who desires to contest the extent, degree or
reasonableness of the charges shall make payment of such charges under protest with
the city manager or his duly authorized representative. Within 30 days after the date of
filing, the city manager or his duly authorized representative shall notify the protestant of
his/her findings and adjudication and adjustment in the matter. Within 15 days after
such a notice of the decision of the city manager or his duly authorized representative,
the protestant may appeal in writing to the City Council, and shall have the right to
appear and have a hearing at a regular meeting. The decision of the City Council shall
be final.
6.20.080 Self-haul permit.
Notwithstanding anything to the contrary in this chapter, any owner or occupant of
residential property may provide for the removal or disposal of manure created from on
the residential property by a private service upon making application for and receiving a
self-haul permit from the Director of Public Works. The Director of Public Works shall
issue a permit upon determination that the applicant is able to dispose of the manure by
transporting the manure to a county-approved sanitary fill or approved facility in a safe
and sanitary manner in accordance with the provisions of a self-haul permit. Such
permit shall expire on the thirty-first of December each year, and may be renewed by
the permittee for periods of one year upon written application to the Director of Public
Works made prior to the expiration of the initial permit or any prior renewal thereof. A
denial of an application for a permit or renewal thereof may be appealed to the City
Council by the applicant filing with the City Clerk a notice of appeal within 10 days after
receipt of the Director of Public Works written notice of denial. The decision of the City
Council shall be final. No permit issued hereunder shall be transferred to any
subsequent occupant of the same property.
6.30.090 Payment of bills.
Manure collection charges billed by the city are due and payable upon receipt.
6.20.100 Penalty.
Any manure collection service billing which is unpaid in whole or in part on the date due
is declared delinquent after 30 days. A penalty in the amount of 10 percent of the
unpaid balance of such bill, including any charges stated therein, shall be imposed. The
City Manager or Director of Finance shall have the authority to waive or remove penalty
charges for reasonable causes.
6.20.110 Collection of manure collection service charges.
Should the owner or occupant of any property in the City fail, refuse or neglect to pay in
accordance with the provisions in this chapter, the manure collection service charge
assessed, then all costs incurred by the City shall be recoverable by the City and
charged against the real property.
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Scott A.Mann
Mayor
Wallace W.Edgerton STATE OF CALIFORNIA )
Deputy Mayor COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OF MENIFEE )
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Thomas Fuhrman foregoing Ordinance No. 2013-131U was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 215` day of August 2013 by the
Greg august following vote:
Councilmember
Ayes: August, Denver, Edgerton, Mann
Noes: Fuhrman
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
w .cityofinenifee.us