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The Board directed staff to work with the owner and operator on the submittal of a Manure and Vector Management Plan (MVMP) and to enter into a Compliance Agreement with the owner and operator to ensure nuisance levels are not reached. In addition, the Board asked to receive updates of the results of the inspections of the ranch no less than quarterly. The Board Chairperson additionally noted that the Department was to immediately inform the Board should conditions deteriorate to the level of a preliminary finding of a public nuisance. AGREEMENT. 1. The owner and operator of 4140 Canada Road, a commercial poultry operation, will sign and submit this Compliance Agreement to the Santa Clara County Vector Control District by April 04, 2003. 2. The operator will submit an updated Manure and Vector Management Plan (MVMP) to the Vector Control District by April 04, 2003. The operator will utilize the MVMP forms to be provided by the Vector Control District. The operator will review and resubmit an annual MVMP no later than the last working day of January each subsequent year. 3. The Vector Control District (District) and the Department of Environmental Health (Department) will review the MVMP within 10 working days of receipt and either approve the MVMP as submitted or return the MVMP with comments as to the inadequacy of the document. If the MVMP is deemed inadequate, a corrected MVMP must be resubmitted for approval within 10 working days of receipt of the comments. 4. The District and/or Department will monitor the fly abundance at the ranch by posting a total of 16, (3 inch by 5 inch) fly monitoring spot cards at the following locations: 2 at each end of poultry houses 1 and 2 (subtotal of 8 cards) and then 4 additional cards spaced equidistant across the length of poultry houses 1 and 2 (subtotal of 8 cards). Spot cards will be placed in the lower manure collection galley. Spot cards will be placed approximately 4 to 5 feet above the cement floor of poultry houses 1 and 2. The District and/or Department will on a weekly basis (7 calendar days) assess fly abundance by counting and recording the number of fly spots present on one exposed surface of each card. Inspections will be performed on Thursday of each week, unless special circumstances require a change in schedule. The operator will be noticed by fax of any necessary change to the inspection schedule. 5. When the average fly spot count exceeds 50, the owner and operator will be given a warning of the high fly abundance by written notice delivered in person or by certified mail. The average fly abundance number will be the total number of recorded fly spots divided by sixteen (the total number of spot cards placed in poultry houses 1 and 2). Upon receipt by the operator of the written notice of warning that the 50 fly spot weekly count has been exceeded the operator must take the following actions: a) Poultry houses number 1 and 2 must go to a twice weekly manure clean out and removal program. Manure clean out must be accomplished by double scraping of the concrete floor to ensure complete manure removal. Manure shall not remain on the tipping pad for more than 72 hours before removal. The twice weekly clean out and removal schedule must be implemented within 7 calendar days of receipt of the warning of the 50 fly spot count. b) Poultry houses will be sprayed with appropriate fly control compounds within 24 hours. To provide validation of this activity the operator is expected to keep an accurate record of all fly control activities (name of applicator, name of compound applied, final mix concentration of applied compound, date and time of application, locations of applied control compounds, and how control compound was applied) and to provide a copy of the record upon demand during the follow up inspection. 05/09/2003 2