View source for Kern County's Ban on Sewage Sludge Land Application

{{#badges: ToxicSludge}}'''Kern County's Ban on Sewage Sludge Land Application''' was passed via popular referendum in 2006. It banned the application of treated human and industrial [[sewage sludge]] as fertilizer on unincorporated farmland in [[Kern County, CA]].<ref>Gretchen Wenner, "[http://earc.berkeley.edu/news/2006/April/CivilRightsSuit.php Civil rights suit aims to block sludge initiative]," ''The Bakersfield Californian'', April 5, 2006, Accessed June 24, 2011.</ref> At the time, about one-third of California's sludge was applied to land in Kern County, "mostly from Southern California, to grow crops fed to dairy cows." The ballot initiative to ban sludge application was spearheaded by Democratic CA State Senator [[Dean Florez]].

== Measure E, the Keep Kern Clean Ordinance of 2006 ==
The language of the land application ban is as follows:<ref>[http://www.sourcewatch.org/images/5/51/Measure_E.pdf Measure E]</ref>
:"BIOSOLIDS LAND APPLICATION BAN: INITIATIVE ORDINANCE. Prohibits the land application of biosolids in the unincorporated area of Kern County. “Biosolids” are treated solid, semi-solid or liquid residue generated during the treatment of sewage in a wastewater treatment facility. Land application of any materials containing biosolids is prohibited immediately. In addition,the ban prohibits the discharge of biosolids to surface waters and surface water drainage courses and prohibits leaching or other introduction of biosolids to groundwater aquifers. Biosolids, packaged for routine retail sales through regular retail outlets, which are primarily used for residential purposes in limited amounts are permissible and are excluded from the ban.

:"Existing permit holders have six months to discontinue the land application of biosolids. An appeal procedure is established to request an extension of time to discontinue such application if special circumstances exist which create a hardship for those who have installed or constructed permanent improvements relating to the land application of biosolids. The final step of the appeal process is a hearing before the Kern County Board of Supervisors, which may grant an extension not to exceed six months.

:"Violation of the ordinance is a misdemeanor punishable by a fine of not more than $500 or not more than six months in prison, or both, for each day of violation. An offender may also be required to pay for cleanup and disposal costs."

== Lawsuits ==

=== Bonilla v. Barnett ===
Before the June 2006 election in which the ballot measure was voted upon, two Spanish-speaking men, Jose S. Bonilla and Rafael C. Rivera, filed a lawsuit to keep the measure off the ballot, alleging that they "had their civil rights violated because the signature-gathering petition was printed only in English."<ref>Gretchen Wenner, "[http://www.bakersfield.com/news/local/x1915425118/Lawsuit-to-keep-on-truckin-in-Fresno-today Lawsuit to keep on truckin' in Fresno today]," ''The Bakersfield Californian'', April 7, 2006, Accessed June 24, 2011.</ref> Both men were truck drivers whose jobs were hauling sludge. Their attorney, [[Roger Parkinson]] of [[Borton, Petrini & Conron LLP]], said that Bonilla and Rivera would lose their jobs if the measure passed. 

In a June 7 hearing, the judge refused to remove the measure from the ballot but agreed that the county had some questions to answer to defend its actions.<ref>Gretchen Wenner, "[http://www.bakersfield.com/news/local/x1915425064/Sludge-Judge-sides-with-Kern-for-now Sludge: Judge sides with Kern for now]," ''The Bakersfield Californian'', April 8, 2006, Accessed June 24, 2011.</ref>

==Articles and resources==

===Related SourceWatch articles===
* [[Biosolids]]
* [[Sewage sludge]]
* [[Food Rights Network]]
* [[Kern County, CA]]

===References===
<references/>

===External resources===
* [http://www.sourcewatch.org/images/5/51/Measure_E.pdf Measure E], also known as the "Keep Kern Clean Ordinance of 2006."

===External articles===

'''2011:''' 
* James Burger, "[http://www.bakersfield.com/news/local/x2131987618/County-to-appeal-sludge-ban-injunction County to appeal sludge-ban injunction]," ''The Bakersfield Californian'', June 21, 2011.
* James Burger, "[http://www.bakersfield.com/news/local/x822637777/Measure-E-sludge-ban-on-hold-again-battle-to-continue Measure E sludge ban on hold again; battle to continue]," ''The Bakersfield Californian'', June 9, 2011.
* James Burger, "[http://www.bakersfield.com/news/local/x43955765/Judge-likely-to-freeze-Kerns-sludge-law Judge likely to freeze Kern's sludge law]," ''The Bakersfield Californian'', June 8, 2011.
* "[http://www.kget.com/news/local/story/Judge-Kerns-sewage-ban-probably-invalid/ZShrsf0sAEy2xEWKuEIY3A.cspx Judge: Kern's sewage ban probably invalid]," KGET, June 8, 2011.
* "[http://www.bakersfieldnow.com/news/local/123507954.html Judge sides with LA in latest action on state sludge lawsuit]," ''BakersfieldNow.com'', June 8, 2011.
* "[http://latimesblogs.latimes.com/greenspace/2010/06/city-of-la-kern-county-at-loggerheads-over-human-waste-disposal.html City of L.A., Kern County battle over human waste disposal]," ''Los Angeles Times'', June 7, 2011.
* [[James Burger]], "[http://www.bakersfield.com/news/local/x1898680256/Kern-Southern-Cal-both-win-points-in-sludge-case Kern, Southern Cal both win points in sludge case]," ''The Bakersfield Californian'', January 18, 2011.
* Carol Ferguson, "[http://www.bakersfieldnow.com/news/local/117443263.html LA vs. Kern: Sludge fight still slogging through courts]," ''BakersfieldNow.com'', March 4, 2011.
* James Burger, "[http://www.bakersfield.com/news/local/x864760311/County-to-immediately-enforce-sludge-ban County to enforce sludge ban]," ''The Bakersfield Californian'', January 18, 2011.

'''2010:'''
* James Burger, "[http://www.bakersfield.com/news/local/x1008890272/Kern-wins-again-as-U-S-Supreme-Court-refuses-to-hear-sludge-case Kern wins again as U.S. Supreme Court refuses to hear sludge case]," ''The Bakersfield Californian'', June 1, 2011.

'''2006:'''
* Gretchen Wenner, "[http://www.bakersfield.com/news/local/x1915425064/Sludge-Judge-sides-with-Kern-for-now Sludge: Judge sides with Kern for now]," ''The Bakersfield Californian'', April 8, 2006.
* Gretchen Wenner, "[http://www.bakersfield.com/news/local/x1915425118/Lawsuit-to-keep-on-truckin-in-Fresno-today Lawsuit to keep on truckin' in Fresno today]," ''The Bakersfield Californian'', April 7, 2006.
* Gretchen Wenner, "[http://earc.berkeley.edu/news/2006/April/CivilRightsSuit.php Civil rights suit aims to block sludge initiative]," ''The Bakersfield Californian'', April 5, 2006.