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tt4 ndd Bate:.iaraUdfY 25.20&5 ' Agenda Rein No.53 Fly spots are measured on a weekly basis using sixteen(16)established spot card Dations throughout the poultry houses.The weekly average of these spot cards helps the operator manage and consequently modify its fly abatement program.Fly spots left on the cards by adult flies are counted and an average per card per week is developed and recorded.An average of 75 or greater"triggers"a preliminary finding of a public nuisance,50 or greater prompts the facility to increase its abatement activities,while less than 50 becomes a statistical entry in the database.The weekly average of these spot cards helps the operator manage its fly abatement program. During this most recent reporting period,adult fly activity has consistently remained below both the action fly control thresholds of 50 and 75 as outlined in the signed Compliance Agreement between Olivera Foods and the Department. Attachment#2 compares average fly spot counts for calendar year 2003 against the current year 2004 and the data indicates that the overall weekly fly count has decreased in 2004.This year`s single highest weekly average spot card count has been 41 as compared to a count of 72 for calendar year 2003.This year's 10 month average spot card count has been 21.Last years spot count for the same 10 month period was 32.The average fly spot count,which serves as a measurement of adult fly abundance,is 34 percent less than the previous year's average count. Visual observations by Department staff have confirmed that immature flies(larvae)are rarely found on the ranch property. In the few cases where fly larva have been noted in inspection reports,it has been associated with a lapse in dead bird management or poultry feed spillage. This was addressed by the operator and is not a problem at this time. Additionally,the operator has modified the feed formula as the former formula was creating extremely wet manure which was difficult for the manure hauler to properly handle. The poultry feed formula,once adjusted,has allowed the facility to return to routine manure handling and removal.The drier manure has also reduced the odor associated with the entire manure management process. The Department continues to receive manure odor complaints from the community as the result of this agricultural operation.The manure odor is an unfortunate aspect of poultry husbandry. The Bay Area Air Quality Management Board(BAAQMB)has been contacted and consulted on these odor complaints and has repeatedly maintained that,as a commercial poultry operation,the facility qualifies for a BAAQMB agricultural exemption and therefore would not be subject to standards which otherwise might lead to an enforcement action by the BAAQMB.The District has requested this determination in writing and has never received a reply.(Attachment#3)In the absence of such a letter,the District has sent a letter to the BAAQMB restating what the District believes is the position of the BAAQMB with respect to the odors for the poultry facility.The letter asked for a response if the position described was in error or mis—characterized. The District has not received a response and can therefore only conclude that BAAQMB position is that the Poultry facility at 4140 Canada Road Gilroy,CA is operating within the provisions of an agricultural exemption.(Attachment #4) The Vector Control District has no authority to control odor problems but continues to explore ways Olivera Foods might modify its operations so manure odors created by the manure clean out and removal process are minimized to the extent practicable.Pointing out the diarrheic condition of the birds to Olivera's Manager and the need to resolve this condition is just one example of how the Department continues to work with Olivera Foods to correct less than desirable conditions with respect to odors. Additionally Manure handling practices are reviewed on an annual basis and the opportunity for constructive dialogue on this matter exists.. CONSEQUENCES OF NEGAII.VE AMON Staff will spend more time than necessary on reports to the Board concerning 4140 Canada Road,Gilroy CA. Board of Supervisors: Donald F.rage,Bianca Alvarado,Pete McHugh,Jim Beall,Liz Kniss Count'Executive: Peter Kutras Jr. 3