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Ordinance 87-079ORDINANCE NO. 87- 79 AN ORDINANCE TO REGULATE SLUDGE TRANSPORTATION AND DISPOSAL WITHIN COLLIER COUNTY, FLORIDA: PROVIDING FOR FINDINGS, PURPOSE, AND DEFINITIONS USED IN THE ORDINANCE: PROHIBITING TRANSPORTATION OF SLUDGE WITHOUT A LICENSE; PROVIDING EXEMPTIONS FROM LICENSING; PROVIDING REQUIREMENTS FOR .] APPLICATION FOR LICENSE; PROVIDING FOR j~ dq '~'~' REQUIREMENTS FOR LICENSE ISSUANCE; PROVIDING F6R '..~3 ifC"- '~°~-...;,- LICENSE CONDITIONS: PROVIDING FOR AN ANNUAL · "~' '~.2.5i7 LICENSE FEE; PROVIDING FOR SLUDGE DISPOSAL PERMITS !:~, cw :'~,n AND PROHIBITIONS: PROVIDING EXEMPTIONS FROM I~_~ ~- :,.~c~ PERMITTING; PROVIDING THE REQUIREMENTS OF PERMIT ~. cs :2:~,,J APPLICATICN: PROVIDING FOR PERMIT CONDITIONS; -':'-'~ PROVIDING REQUIREMENTS FOR PERMIT ISSUANCE; '~ PROVIDING FOR INSPECTION REQUIREMENTS; PROVIDING FOR PERMIT MODIFICATION AND RENEWAL: PROVIDING FOR ANNUAL PERMIT FEES: PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY: PROVIDING FOR COMPLIANCE WITH STATE AND FEDERAL PERMITS: PROVIDING FOR LIBERAL CONSTRUCTION: PROVIDING FOR THE IMPLEMENTATION OF ORDINANCE BY RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA as follows: SECTION 1: FINDINGS The Board of County Commissioners hereby finds that It is necessary In the public Interest to regulate the transportation and disposal of sludge as defined herein In the interest of the public health, safety and welfare of the citizens of Collier County. Regulations concerning the transportation and disposal of sludge are necessary because sludges have the capacity to create hazards to the health, welfare and safety of the citizens of Collier County: to create public nuisances resulting from Improper management of said sludges; to pollute or otherwise adversely affect the quality of ground and surface waters of Collier County. SECTION 2: PURPOSE The purpose of this ordinance Is to provide a means to regulate the transportation and disposal of sludges as defined herein to ensure that such activities do not endanger public health or the quality of the waters of Collier County. SECTION $: DEFINITIONS For the purposes of this Ordinance the following definitions will be used: (1) "Board" means Collier County Board of County Commlssloners. (2) "Composted Sludge" means sludge that has been composted at or above 55eC for 3 consecutive days in a mechanical composter or an aerated pile, or at or above 55oC for fifteen consecutive days in a windrow and at least five turnings of the windrow. (3) "Department" means the Collier County Environmental Science and Pollution Control Department. (4) "Director" means the Director of the Collier County Environmental Science and Pollution Control Department. (5) "Generator" means the person responsible for the production of the sludge. (6) "Grade 1 Sludge" means any atabllized sludge containing less than the following concentrations of any of the listed metals as milligrams per kilogram dry weight: CADMIUM COPPER LEAD NICKEL ZINC 30 900 1000 100 1800 (7) "Grade 2 Sludge" means any stabilized sludge containing any of the following listed metals within the listed ranges as milligrams per kilogram dry weight and none exceeding the listed range: CADMIUM COPPER LEAD NICKEL ZINC 30-100 900-3000 1000-1500 100-500 1800-10,000 ,oo 02'8 245 (~) "Grade 0 sludge" means any sludge containing greater than the following concentrations of the listed metals as milligrams per kilogram dry weight: CADMIUM COPPER LEAD NICKEL ZINC 100 3000 1500 500 10.000 (9) (IO) "License" means written approval by the Director to transport sludge in Collier County. "Permit" means written approval by the Director to operate a sludge disposal facility pursuant to the guidelines for same as established by the Director. which shall be as required by part IV. Chapter 17- 7. Florida Administrative Code, as may be amended, except that a permit shall be necessary for any and all sludge disposal facilities within Collier County. (11) "Person" means any agency or institution thereof, any municipality. political subdivision, special district, publlc or private corporation, Individual. partnership, association, or other entity, and Includes any offlcer or governing or managing body of any municipality. political subdivision, special district, or public or private corporation. (12) (13) (14) "Processed Sludge" means any domestic sludge that has been stabilized, disinfected, dried, and pelletized or granulated. 'Septage" means all solid wastes and wastewater removed during the pumpin~ of n septic tank or similar sewage disposal system. "Sludge" means a solid waste, pollution control residual which Is generated by any industrial or domestic wastewater treatment plant, septic tank, grease trap, portable toilet or related operation, or any -3- other such waste having similar characteristics. Sludge may be a solid, liquid, or semisolid waste and this includes "processed domestic sludge" as defined in Florida Administrative Code 17-7.510. but does not Include the treated effluent from a wastewater treatment plant. (15) "Sludge Disposal Facility" means land and structures, other appurtenances, and Improvements on the land, used for sludge disposal or spreading of sludge on the land. (10) "Stabilization" means the use of a treatment to render sludge or septage less odorous and putresclble, and to reduce the pathogenic content as described In Chapter 6 of EPA 625/1-79-011, "Process Design Manual for Sludge Treatment and Disposal." This manual Is adopted and made a part of this Ordinance by reference. A copy of this document may be obtained by writing the Director, or may be Inspected at the Department office. Sludge that has not been digested for at least five days shall be stabilized prior to disposal. PART I: LICENSE REQUIRED TO TRANSPORT SLUDGE SECTION 4: PROHIBITIONS It shall be unlawful for any person to transport sludge without first having obtained a license to transport sludge from the Director unless exempt under Section 5 of this Ordinance. SECTION (1) (2) EXEMFTIONS Persons that transport three cubic yards or less of processed or composted "Grade I or 2" sludge per month are exempt from the requirement of a license. Persons who transport only bagged composted and/or processed sludge are exempt from the requirement of a license. -4- iSECTION ~: APPLICATION FOR LICENSE Application for a Sludge Transporting License shall be on the forms supplied by the Director. Information required shall include but not be limited to: (1) Name. address, 24 hour emergency and work telephone numbers of the appllcant, (2) A description of the transporting vehicle. (a) Truck. truck trailer, tank truck, or tank trailer (make and model numbers). (b)Rated hauling capacity of each compartment. (c)Whether or not it has onboard pumps. (d)Vehicle's Florida license plate number. (3) A notarized statement from the owner or operator of a validly permitted sludge disposal facility that the sludge will be accepted throughout the duration of the license. (4) Proof of a valid Colller County occupational ilcense for "sewer and drain cleaning". SECTION 7: LICENSE ISSUANCE A license to transport sludge may be issued by the Director after potential licensee demonstrates that all of the following requirements will be met at time of license issuance: (1) Applicant holds a valid Collier County occupational license for "sewer and drain cleaning"; (2) All vehicles are and will be maintained so that they remain product tight; (3) All vehicles display licensee's name, license number and telephone number in at least three inch high letters and numbers; (4) Applicant has not had a license to transport sludge or septage revoked by the Director within the previous slx months; (5) A validly permitted sludge disposal facility is committed in writing to accept sludge from applicant: -5- Th., applicant shall give prior written notice to the Director of a cl~ange in sludge disposal sites. SECTION 8: (1) (2) LICENSE CONDITIONS All contalners used to transport sludge shall be maintained so that they remain product tight and do not spill or leak sludge during transportation. The licensee's name. license number, and telephone number shall be displayed in at least three Inch high letters and numbers on both sides of the transportation vehicle. All Licensees will maintain records of the sludges transported on a daily basis and submit a summary of sludge transported to the Director, These records will be due monthly by the 15th of each month for the preceding month's transportation activity and Include those information items listed below: (a) Date: (b) Name and location of the generator (only for sewage sludge): (c) Type of sludge (i.e., sewage sludge, septage, grease, portable toilet waste, etc); (d) Quantity of sludge pumped: (e) Disposal site. SECTION 9: ANNUAL LICENSE FEE The annual fee for a Environmental Science and Pollution Control Department license to transport sludge shall be $25 for the first vehicle and. $10 for each additional vehicle. Any vehicles included in a Septage Disposal Service Permit Issued by the Collier County Public Health Unit shall be exempt from the license fees. Application for renewal must be made annually. PART Ih PERMIT REQUIRED TO DISPOSE SLUDGE SECTION 10: PROHIBITIONS (1) It shall be unlawful for any ~r:~;, ~ .... ~.~:-'..~ ~,~ ...... ~:ly, or expand any sludge disposal facility in Collier County without first having obtained a valid permit from the Director unless exempt under Section 11 of this Ordinance. 9 (2) It shall be unlawful for any person to dispose sludge In any collection system or sewage treatment plant '~'lthout prior written authorization from the owner of the sewage treatment plant. (3) It shall be unlawful to mix different types of sludges (I.e.. septage; grease trap residue: or portable toilet ','astes) for dlsposal at Collier County "A" wastewater treatment plant. (4) It shall be unlawful to dlspose of sludges from generators outside of unincorporated Collier Count>, at the Collier County "^" wastewater treatment plant. SECTION 11: EXEMPTIONS Persons who dispose of three cubic yards or less of composted or processed "Grade 1 or 2" sludge per month per label directions are exempt from the requirement of a permit. Total disposal shall be limited to six dry tons/acre/year. SECTION 12: PERMIT APPLICATION Application for a sludge disposal facility permit shall be made on forms provided by the Director. (2) Application for disposal of Grade 3 sludge must be accompanied by written approval from a Department of £nvironmental Regulation permitted solid waste disposal facility. (3) A map or aerial photograph having a scale of at least I Inch = 600 feet of the proposed sludge disposal facility shall be provided with the permit application. A scaled drawing may also be required if the maps do not provide sufficient detail. Other site specific Information may be requested. (4) A notarized statement from the owner of the property statlng approval for proposed activities for the duration of the permit shall be submitted with the application. SECTION 13: (1) PERMIT CONDITIONI{ · ' Land Disposal Criteria: Sludge disposal facility requirements will be the same as those in Florida Administrative Code 17-7.500 through 17-7.580 as may be amended. --7-- 028 250 (2) (3) Reporting Requirements: All permlttees including applicators of processed domestic sludges which may be exempt from recordlng requirements of Florida Administrative Code 17-7.570 shall supply dally records to the Director. These records will be due monthly by the 15th of each month for the precedlng month's disposal activity on forms supplied by the Director. and include those Information items llsted below: (a) Date of each sludge application: (b) Amount of sludge applied; (c) Source of sludge: (d) How was the sludge stabilized: (e) Weather conditions on the date of application: (f) Specific area of application; (g) Depth of water table; (h) Vegetation status at application site if different from permit application. Other Conditions: Other site speclflc conditions may be placed on the permit by the Director whtch may include soil. surface water and/or ground water analysis. Monitoring wells may also be required to determine compliance with Florida Administrative Code 17-3. SECTION 14: (1) (2) PERMIT ISSUANCE Permit Holder: A permit required by this Ordinance shall be Issued for a sludge disposal facility owned and/or operated to a person as defined herein. The Director will In wrltlng issue or deny the permlt within thirty days of receipt of all required Information. Approval: A permit shall be Issued to the applicant only if: (a) The applicant provides the Director with reasonable assurance based on plans and other Information that the construction expansion, modification. facility will conform to the requirements placed on sludge disposal facilities In Florida Administrative Code 17-7.540 through 17-7.680 and this Ordinance: --8-- (4) (b) The sludge disposal facility does not conflict with this Ordinance, the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, nor does It conflict with existing zoning regulations. Denial: If after review of the application and all the Information, the Director determines that the construction, modification. expansion, or operation of the proposed sludge disposal facility will not be in accord with this ordinance, the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, or existing zoning regulations, or requirements in Florida Administrative Code 17-7. the Director shall deny the permit. SECTION 15: INSPECTION REQUIREMENTS As a condition for issuance of a permit, the Director or his designee shall have the right to enter the sludge disposal facility upon reasonable notice for the purpose of determining compliance with this Ordinance, and permit conditions and Florida Administrative Code rules. SECTION 16: PERMIT MODIFICATION AND RENE]I'AL (1) Modification: The disposal of a sludge from a generator not listed In the permit application will require a permit modification. (2) Permlttee shall submit a request for permit modification on forms supplied by the Director and provide any additional information requested by the Director. (3) Renewal: Permits will be effective for one year from the date of issuance and must be renewed. Application for renewal shall be made on forms provided by the Director. SECTION 17: ANNUAL PERMIT FEE The annual fee for a Environmental Science and Pollution Control Department Sludge Disposal Facility permit is $100. Any modification to the permit is an additional $50. - ~ -9- PART III PENALTIF_~q, APPEALS AND ENFORCEMENT SECTION 18: APPEAI~ Any person who is aggrieved by the action of the Director relative to the issuance of a license or permit, or any person adversely affected by the issuance of a license or permit may appeal said action or issuance by appropriate writ to the Circuit Court of Collier County within 30 days from the date of said issuance or actlon. Failure to file an appeal within the prescribed time limit shall operate as a bar to and waiver of any claim for relief. SECTION II): ENFORCEMENT AND PENALTII~2~ Any person who violates any section of this Ordinance shall be prosecuted and punished '.-s provided by Section 125.69 of the Florida Statutes. Each day the violation continues shall constitute a separate offense. The Board or any citizen whose interests are adversely affected may bring suit for damages or to restrain, enjoin, or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County, Violation of or failure to comply wlth any requirement of this Ordinance shall be unlawful and constitute grounds for denial and/or revocation of a transport license or sludge disposal permit. The Director is vested with the authority to administer and enforce the. provisions of this Ordlnance and is authorized to take action to ensure compliance with. or prevent violation of, the provision of this Ordinance, and shall have authority to Issue administrative stay orders. SECTION 20: SEVERABILITY It is the intention of the Board that each separate provision of this Ordinance shall be deemed independent of and sex'erable from all other provision herein, and it is further the Intention of ~.~,., ~,.,:~ ........ ~:' ~.-. r...' ~':..~£ this Ordinance be declared to be invalid, all other provisions thereof shall remaln valid and enforceable. -10- SECTION 21: COMPLIANCE ~ITH STATE AND FEDERAL PERMITS The issuance of a permit In accordance with the provisions of this Ordinance is not intended to preclude the right or authority of any other State or Federal agency from requiring separate permits In accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. SECTION 22: LIBERAL CONSTRUCTION The provisions of this Ordinance shall be liberall.v construed to effectively carry out Its purpose in the interest of public health, safety and welfare and convenience of the citizens and residents of Collier County and of the State of Florida. SECTION 23: IMPLEMENTATION OF ORDINANCE: RULES AND REGULATIONS The Board may adopt by resob~'lon reasonable rules and regulations to implement and carry out the proviz,OhS of this Ordinance. SECTION 24: EFFECTIVE DATE ' This Ordinance shall become effective 90 days from receipt of acknowledgement from the Secretary of State that the Ordinance has been duly filed. ,~'... JAMES /~.~.~ILES, CLERK ,... . . R. Bruce ~ndor~on ~l~an~ Count7 A~torne7 / / - BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA ~ax-A, Hasse, Jr,, Chairm This ordlr'~mce flied wl~ day of and ack~ledgement -11- STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and ~or the Twentieth Judicial Circuit, Collier County, Florida, do hereby cectify that the foregoing is a true copy of: ORDINANCE 87-79 which was adopted by the Board of County Commissioners on the 6th day of Octoberr, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of October, 1987, JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of County..CommissiQ~e'rs , · · Deputy Cle~k °'.