Difference between revisions of "Kern County's Ban on Sewage Sludge Land Application"

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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>
 
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>
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=== Fight With Los Angeles and Orange County ===
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After the sludge ban passed, Los Angeles County and Orange County filed a lawsuit, alleging that the sludge ban violated the [[Commerce Clause]] of the U.S. Constitution. In 2010, the [[Supreme Court]] refused to hear the case, leaving in place a win for Kern County.<ref>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, Accessed June 24, 2011.</ref> However, the case did not end there.
  
 
==Articles and resources==
 
==Articles and resources==

Revision as of 02:13, 25 June 2011

{{#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.[1] 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:[2]

"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."[3] 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.[4]

Fight With Los Angeles and Orange County

After the sludge ban passed, Los Angeles County and Orange County filed a lawsuit, alleging that the sludge ban violated the Commerce Clause of the U.S. Constitution. In 2010, the Supreme Court refused to hear the case, leaving in place a win for Kern County.[5] However, the case did not end there.

Articles and resources

Related SourceWatch articles

References

  1. ↑ Gretchen Wenner, "Civil rights suit aims to block sludge initiative," The Bakersfield Californian, April 5, 2006, Accessed June 24, 2011.
  2. ↑ Measure E
  3. ↑ Gretchen Wenner, "Lawsuit to keep on truckin' in Fresno today," The Bakersfield Californian, April 7, 2006, Accessed June 24, 2011.
  4. ↑ Gretchen Wenner, "Sludge: Judge sides with Kern for now," The Bakersfield Californian, April 8, 2006, Accessed June 24, 2011.
  5. ↑ James Burger, "Kern wins again as U.S. Supreme Court refuses to hear sludge case," The Bakersfield Californian, June 1, 2011, Accessed June 24, 2011.

External resources

  • Measure E, also known as the "Keep Kern Clean Ordinance of 2006."

External articles

2011:

2010:

2006:

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