COMPLIANCE INFO_1981-2012 - Laserfiche WebLink

Home Browse Search

Y Myet Young November 12, 1992 At the regular Planning Commission Meeting of September 3, 1992 an inquiry was made of EHD Staff member, Mike Huggins requesting information and expressing concern regarding the fly and odor problem at the subject operation. Subsequent staff reports to the Planning Commission indicated that fly breeding at this location is being addressed by EHD; however, the odor problem as an independent violation was outside EHD regulation. County Counsel, Mike McGrew, acknowledged that these is no odor ordinance and that the matter could be brought before the Planning Commission as a possible "Public Nuisance". III. Summary: Fly and odor complaint have been a long standing problem at this operation. In the past the permittee has responded to Environmental Health orders to abate problems only to return to poor management practices. The three most recent inspections by EHD have found no fly breeding. No complaints have been received since October 9, 1992. There is currently no odor ordinances which can be enforced by EHD if applicable solid waste rules and regulations are being followed. Planning Division staff and County Counsel indicated that the Planning Commission may be able to exercise its authority to place restrictions on the operation to reduce the problems of odor at this operation. The Planning Commission must however, take into consideration the Right to Farm Ordinance. (Attachment 3) Odor problems can be reduced through the use of good manure management practices however, it is not possible to eliminate all odors associated with agricultural operations. The permittee submitted a management plan to EHD September 22, 1992. If this plan is followed it should reduce fly problems associated with this operation. (Attachment 4) IV. Recommendation: The following actions should be considered. A. Referral the District Attorney for possible prosecution of violation of the Ordinance Code of San Joaquin County for fly breeding. This action could be taken by Environmental Health should a problem with fly breeding reoccur in the future. B. Referral to the San Joaquin County Planning Commission for a public hearing to determine if there is enough evidence to impose additional land use restrictions to help mitigate the odor problem. 2.