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SAN JOAQUIN <br />COUNTY <br />Environmental Health Department <br />Jasjit Kang, REHS, Director <br />Muniappa Naidu, REHS, Assistant Director <br />PROGRAM COORDINATORS <br />Robert McClellon, REHS <br />Jeff Carruesco, REHS, RDI <br />Willy Ng, REHS <br />Melissa Nissim, REHS <br />Steven Shih, REHS <br />Michelle Henry, REHS <br />NOTICE TO ABATE <br />March 7, 2022 <br />H4 Properties LP <br /> <br />Sent U.S. & Certified Mail <br />c/o Daniel Haley C00054738 <br />1030 Ladd Rd. <br />Modesto, CA 95356 <br />Subject: Spreading of Chicken manure located at 16103 E Smith Rd., Lodi, CA 95240 - <br />On March 7, 2022, the Environmental Health Department (EHD) received a complaint that alleges the <br />above business is spreading chicken manure in the field, behind the chicken houses. The complaint also <br />alleges the spreading of the chicken manure is causing a strong odor to neighboring homes. A site visit by <br />the EHD was made on March 7, 2022, at which time the allegations were verified. Chicken manure was <br />not incorporated into the soil, which caused a very strong odor. The San Joaquin County Ordinance Code <br />(SJCOC), Division 2, Section 2101 (s) defines animal manure as refuse. The Public Resources Code <br />(PRC), Section 40191(a) defines manure as solid waste. Therefore, you are currently in violation of the <br />following ordinances and regulation: <br />SJCOC, Title 5, Chapter 4, Section 5-2400; Accumulation of refuse, waste, and filth is prohibited <br />SJCOC, Title 5, Chapter 4, Section 5-2403; Frequency of Service. <br />Title 14 California Code of Regulation (T14 CCR) <br />1. T14CCR, Section 17331; Frequency of removal <br />According to the PRC, Section 45000, 45005, and 45011, the MD has the authority to: issue an <br />administrative order requiring the owner or operator of a property or business to take corrective action as <br />necessary to abate a nuisance, cease and desist any improper action, and establish a time schedule <br />according to which the property or business shall be brought into compliance. <br />Immediately incorporate the manure that has been land applied behind the chicken houses. In <br />the future, remove the manure to an agricultural farming operation and disk into the soil within <br />24 hours of spreading. Correct violation(s) by March 14, 2022. All chicken manure shall be <br />removed at least once every seven days, utilizing one or more of the above-mentioned methods. <br />Failure to respond to this notice may result in further legal action. <br />If you have any questions, you may contact Sandip Singh, REHS, at (209) 468-3526. <br />\L- <br />Robert McClellon, REHS <br />Program Coordinator <br />1868 E. Hazelton Avenue 1 Stockton, California 95205 I 1 209 468-34201 F 209 464-0138 1 www.sjgov.orgiehd