Chapter 6.45
CITY OF NORCO MANURE MANAGEMENT AND DISPOSAL
Sections:
6.45.040 Best management practices for manure storage and disposal.
6.45.050 Requirement to participate in the City’s manure program.
6.45.060 Charges, billing and collection.
6.45.080 Manure self-haul permit.
6.45.110 Collection of manure collection service charges.
6.45.010 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 Norco. 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 Norco who keep livestock to participate in the City’s manure collection program and pay the associated service fees. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including the City of Norco Municipal Code (Chapter 15.70), 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). (Ord. 889 Sec. 1, 2008)
6.45.020 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 used in an environmentally acceptable manner 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 public property within the City of Norco.
(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. (Ord. 889 Sec. 1, 2008)
6.45.030 Applicability.
The standards, regulations, and best management practices established in this chapter shall apply to all persons within the City limits of the City of Norco. Such persons who keep livestock shall participate in the City’s manure collection program and pay the attendant fees. Persons who do not keep livestock shall not be required to participate in the manure collection program. (Ord. 889 Sec. 1, 2008)
6.45.040 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. 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 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. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.
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 is prohibited without receiving a composting permit from the Public Works Director. (Ord. 1062 Sec. 2, 2020; Ord. 889 Sec. 1, 2008)
6.45.050 Requirement to participate in the City’s manure program.
Every person or owner of residential, commercial or public property in the City of Norco that keeps livestock 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 1.04 and to administrative citations pursuant to Chapter 1.05 of the Norco Municipal Code. (Ord. 889 Sec. 1, 2008)
6.45.060 Charges, billing and collection.
Every person or owner of residential, commercial or public property or premises in the City of Norco 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. (Ord. 889 Sec. 1, 2008)
6.45.070 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. (Ord. 889 Sec. 1, 2008)
6.45.080 Manure self-haul permit.
Notwithstanding anything to the contrary in this chapter, one may provide his/her own service for the removal or disposal of manure created from his/her own residence upon making application for and receipt of the necessary 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 City approved recycling facility in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year. 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. (Ord. 1062 Sec. 2, 2020; Ord. 889 Sec. 1, 2008)
6.45.090 Payment of bills.
Manure collection charges billed by the City are due and payable upon receipt. (Ord. 889 Sec. 1, 2008)
6.45.100 Penalty.
Any manure collection service billing which is unpaid in whole or in part on the date due is declared delinquent. 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 Deputy City Manager/Director of Finance shall have the authority to waive or remove penalty charges for reasonable causes. (Ord. 920 Sec. 1, 2010; Ord. 889 Sec. 1, 2008)
6.45.110 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 pursuant to Sections 6.42.109, 6.42.110 and 6.42.120. (Ord. 889 Sec. 1, 2008)