The County has gained considerable experience and knowledge under the previous ordinance since its adoption in 1999. Based on that experience, staff determined the ordinance that was to become effective on January 1, 2003 was inadequate and would not provide appropriate disclosure of information nor necessary regulation regarding land application of Class A Exceptional Quality Biosolids.

The Resource Management Agency conducted a public workshop to discuss the draft ordinance on Tuesday, October 15, 2002. After public comments were received, staff made modifications to the draft ordinance, and on October 22, 2002, submitted a letter to the Board of Supervisors which introduced the ordinance, waived its first reading, and set a hearing date of November 26 before the Board of Supervisors.

The Board letter was reviewed and the ordinance was adopted on November 26, 2002 by the Board of Supervisors. As a part of a referral received from the Board of Supervisors at the time of adoption, the Resource Management Agency was directed to work with interested persons and the Kern County Water Resources Committee to provide further consideration to groundwater quality related issues. The first such meeting was at Hodel's Restaurant, 5917 Knudsen Drive near Olive Drive and State Route 99 in Bakersfield, Monday, January 13, 2003, 6:30 p.m.

Since that time, a Biosolids Task Force was appointed, comprised of members of the Water Resources Committee. The Task Force met four times to obtain information about land application activities under the 2003 Class A-EQ ordinance and assess potential groundwater impacts.

At the Task Force meeting of September 8, 2003, a proposed Task Force Report was presented by staff that outlined several recommendations for consideration by the Task Force. The Task Force concurred with the conceptual direction as outlined in the report and staff's intent was to develop ordinance amendments that would implement those concepts. After further review, however, staff believes that more information is required to make some of the determinations recommended and that more clarification should be provided concerning how some of these provisions would be implemented prior to the report being referred to the full Water Resources Committee. Accordingly, a Notice Postponing the Drafting of Ordinance Amendments has been distributed to all those on the mailing list.

Staff will obtain some additional technical information and recommendations from the Kern County Water Agency relative to groundwater issues and will then develop some more specific implementation measures that will better explain how potential ordinance amendments would be operationalized. That information will be distributed and then considered by the Task Force. There will be no distribution of ordinance amendments at the October 13, 2003 Water Resources Committee meeting. Only a brief update concerning the Task Force activities will be presented at that time. No timetable has been set for the development of an ordinance, as that is dependent upon information yet to be received. Notice will be provided when the information becomes available and the ordinance amendment process resumes.

Questions about the ordinance development process should be directed to David Price III, Director, Kern County Resource Management Agency, 2700 "M" Street, Suite 350, Bakersfield, CA 93301-2370, telephone (800) 552-5376, option 5 or (661) 862-8802 or e-mailed to dave@co.kern.ca.us.

The current ordinance is administered by the Kern County Environmental Health Services Department. Questions about permitting, inspection, and enforcement of the ordinance should be directed to Steve McCalley, Director, Environmental Health Services Department, 2700 "M" Street, Suite 300, Bakersfield, CA 93301-2370, telephone (800) 552-5376, option 5 or (661) 862-8700 or e-mailed to stevem@co.kern.ca.us.

This program has been the subject of legal challenges, several of which are currently active. Questions of a legal nature should be directed to Deputy County Counsel James Thebeau, Office of the Kern County Counsel, 1115 Truxtun Avenue, Fourth Floor, Bakersfield, CA 93301, telephone (800) 552-5376 or (661) 868-3800 or e-mailed to jthebeau@co.kern.ca.us.

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9/23/2003

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