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County of Santa Clara �.�w��N�o Environmental Resources Agency -n Department of Environmental Health Vector Control District 976 Lenzen Avenue San Jose,California 95126 (408)792-5010 FAX 298-6356 August 22,2002 Mr. Ed Olivera Olivera Foods 3315 Sierra Road San Jose,CA 95132 RE: 4140 Canada Road_Olivera Egg Ranch Dear Mr. Olivera, Thank you for taking the time to meet with the hazardous Materials Compliance Division's Director,Tony Pacheco,and myself on August 9,2002 at the Department of Environmental Health's Administrative Offices. The purpose of this letter is three fold. It will provide a summary of the meeting.It will provide you with information that the Department of Environmental Health and the Santa Clara County Vector Control District(referred to from here on as the Department)feels are significant operational deficiencies which must be remedied so that the poultry operation at 4140 Canada Road does not produce excessive immature as well as adult domestic flies.Most importantly,it will serve as notice that legal action will be started against the poultry ranch if excessive fly numbers occur again. The California Code of Regulations,Title 14,Division 7,Chapter 3,Article 8,and the California Health and Safety Code 2200 (e)(1)(B-C)(i-iv)have clearly defined provisions that refer to agricultural operations which may produce flies.The criteria for excessive vectors are domestic flies that occur as immature stages and as adults in numbers considerably in excess of those found in the surrounding environment;are associated with the design, layout,and management of agricultural operations; disseminate wide from the property;and cause detrimental effects on the public health or well being of the majority of surrounding population as determined by the Enforcement Agency or the Department. Summary and Expectations The following summarizes items discussed at the August 9,2002 meeting and lists conditions which must be immediately remedied for the Canada Road poultry ranch to be maintained as a facility that is not an going source of significant fly production. • Poultry feed spillage must be reduced and troughs and associated equipment repaired and maintained through preventive maintenance. • Water leaks must be maintained at a level that does not significantly contribute to fly production. • Manure that is not removed by machinery must be removed by hand.Areas around support poles,and the edges of the house are particularly critical. • Ranch personnel must be more proactive with regards to adult and larva fly control.Ranch personnel are expected to spray when fly spot count cards are reported or observed to be at 50 spots or more. Spraying is also Board of Supervisors:Donald F.Gage,Blanca Alvarado,Pete McHugh,James T.Beall Jr.,Liz Kniss County Executive:Richard Wittenberg