AttachmentA.pdf

ARTICLE V. - WASTEWATER RESIDUAL MANAGEMENT [63]

(63) Cross reference— Solid waste, ch. 106; county-owned or county-operated water or sewer systems, § 122-31 et seq.

Sec. 50-451. - Definitions.

Sec. 50-452. - Penalty.

Sec. 50-453. - Purpose and intent.

Sec. 50-454. - Jurisdiction.

Sec. 50-455. - Application permit required.

Sec. 50-456. - Issuance of application permit; reports; insurance.

Sec. 50-457. - Right of entry; revocation of application permit.

Sec. 50-458. - Revocation of application permit.

Secs. 50-459—50-490. - Reserved.

Sec. 50-451. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

Agricultural use plan means a formal document submitted to the county environmental management department which describes the controlled use of wastewater residuals as part of a planned agricultural operation.

Dedicated disposal site plan means a formal document submitted to the county environmental management department which describes the controlled use of wastewater residuals when the residuals will be applied at rates in excess of the nitrogen requirements of the crops.

Department of environmental protection means the state department of environmental protection.

Pathogens means any disease-causing organisms.

Person means any individual, firm, association, organization, partnership, joint venture, trust company, corporation, receiver, syndicate, business trust or other group or combination acting as a unit, including any government.

Stabilization means a treatment process which renders wastewater residuals less odorous and/or putrescible, and which reduces the pathogenic content of the material.

Wastewater residuals means the solid, semisolid or liquid residue which is generated by any industrial or domestic wastewater treatment plant, water supply treatment plant, septic tank, grease trap, portable toilet or related operation.

(Ord. No. 91-37, § IV, 12-5-91)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 50-452. - Penalty.

Violations of this article are punishable as specifically provided in section 50-459 and as provided in section 1-7.

(Ord. No. 2004-22, 11-4-04)

Sec. 50-453. - Purpose and intent.

It is the purpose and intent of this article to establish and implement a regulatory program designed to ensure the proper stabilization and land application of wastewater residuals. This article is designed to supplement and adopt by reference the wastewater residual application criteria contained in chapter 17-640 and chapter 17-7, part IV, Florida Administrative Code, as adopted by the county council.

(Ord. No. 91-37, § II, 12-5-91)

Sec. 50-454. - Jurisdiction.

This article shall apply to both incorporated and unincorporated areas of the county, pursuant to the authority contained in sections 202.2(3) and 202.4 of the county Home Rule Charter.

(Ord. No. 91-37, § III, 12-5-91)

Sec. 50-455. - Application permit required.

No person may land apply wastewater residuals in the county without first obtaining a permit for such application from the county.

(Ord. No. 91-37, § V, 12-5-91)

Sec. 50-456. - Issuance of application permit; reports; insurance.

(a) Permit requirement. Any person who intends to land apply wastewater residuals in the county shall first obtain a permit for said application from the environmental management department of the county, prior to land application of wastewater residuals.

(b) Conditions for issuance of permit. Wastewater residual application permits may be issued only under the following conditions:

(1) The wastewater residual is found to be suitable for land application by the criteria set forth in the application sections of Chapter 17-7, part IV, and Chapter 17-640, Florida Administrative Code.

(2) The proposed agricultural or dedicated site meets the criteria set forth in the applicable sections of Chapter 17-7, part IV, and Chapter 17-640, of the Florida Administrative Code.

(3) An owner/operator of a wastewater facility permitted by the department of environmental protection that generates their own residuals may dispose of the wastewater residuals by land application on the site of the wastewater facility. For land application of wastewater residuals on parcels not owned by the generating facility, the land to be used shall comprise of a minimum of 40 contiguous acres.

(c) Contents of permit application. Any person who intents to land apply wastewater residuals in the county shall first submit an application containing the following elements (at a minimum) to the environmental management department:

(1) A completed copy of one of the following, as applicable:

a. A department of environmental protection Land Application Field Package for Grade I Sludge Class A and B department of environmental protection form 17-1.206(4) as amended.

b. A department of environmental protection General Permit Application for Grade II Sludge, department of environmental protection form 17-1.206(5) as amended.

c. A department of environmental protection Agricultural Use Plan, department of environmental protection form 62-640.210(2)(a) as amended.

d. A department of environmental protection Dedicated Disposal Site Plan, department of environmental protection form 17-640.900.(2) as amended.

(2) A letter from the landowner authorizing wastewater residual application on the property and granting of access to county employees for inspections.

(3) Proof of adequate liability insurance for the sludge hauler.

(4) All setbacks, including both FDEP and county, are required to be flagged by the management facility so that the setback areas are distinguishable. Acceptable flagging techniques include the following:

a. PVC piping with the top two inches of the pipe marked with a distinguishable color such as red, yellow, or orange; or

b. Wooden stakes with the top two inches of the stake marked with a distinguishable color such as red, yellow, or orange.

(5) Application of residuals is limited to Monday through Saturday from 7:00 a.m. to 6:00 p.m. Special exemptions will be considered for spreading outside the specified spreading days and times upon written request received by the environmental management department. Any special exemptions granted by the environmental management department must comply with all other standards set forth in this ordinance as well as any additional standards set by the environmental management department.

(6) The management facility is required to install a minimum of one monitoring well per site with additional wells required if a site contains more than one spreading location. The purpose of the monitoring well is to ensure proper monitoring of ground water depth prior to residuals application. The monitoring well shall be constructed of a four inch PVC pipe inserted into the ground at a minimum depth of four feet not to exceed a depth of six feet, uncapped at the bottom. The management facility is also required to keep a record log that will include the following information for each well site:

a. Date and time of residuals application;

b. Ground water depth;

c. Name of responsible operator for residual application vehicle.

The above-mentioned record log will be made available to the environmental management department inspector within 24 hours of request.

(7) The following setbacks are additional requirements along with the specific requirements as set by FDEP, F.A.C. 62-640.700(4) for all residual application locations:

a. Two-hundred-foot setback from all surface waters;

b. Seventy-five-foot setback from all wetlands;

c. Five-hundred-foot setback from potable public wells;

d. Three-hundred-foot setback from private water wells;

e. Two-hundred-foot setback from all irrigation wells;

f. Seventy-five-foot setback from all access roads;

g. Five-hundred-foot setback from all residential development.

(d) Review of permit application. Upon receipt of a permit application and upon determination that the application contains the required elements, the environmental management department shall have ten working days to either approve, approve with conditions, or deny the permit application. The application will be reviewed and the proposed site inspected for compliance with the applicable criteria of Chapter 17-7 and 17-640, Florida Administrative Code, and article II of this chapter, and other site-specific conditions. The environmental management department shall have the authority to impose specific conditions on the permit to mitigate anticipated negative environmental impacts associated with the application activity.

(e) Duration of permit. Wastewater residual application permits will be valid for a maximum of one year.

(f) Permit fees. The county council shall establish permit fees based upon the volume of wastewater residuals being applied to the land as well as an annual permit application fee. Both fee schedules shall be adopted by resolution of the county council. Both fees shall be used to employ an environmental management specialist to defray the costs of an inspection/monitoring/enforcement program.

(1) The permit fee for the volume of wastewater residual being land applied is $0.60 per thousand gallons.

(2) The annual permit application fee is $100.00 per permit issued.

(g) Cash escrow or letter of credit. In addition to the annual application fee and permit fee, the permittee shall be required to provide a cash escrow or letter of credit in the amount of $5,000.00 with the county. Proof of such cash escrow or letter of credit must be submitted prior to issuance of the wastewater residual application permit. Permittee is responsible for any and all repair to road damage due to permittee's truck traffic and for cleanup of any discharges associated with permittee's accidents, incidents, vandalism, emergencies, and cleanup and/or removal of wastewater residual disposal contrary to the permit, Chapter 17-7, part IV or Chapter 17-640, F.A.C., or article II of this chapter. In the event that the permittee fails to remediate any damage or discharge, the county shall revoke the posted financial assurance. The cash escrow or letter of credit will be applied toward repairing road damage due to truck traffic and cleanup of any spillage associated with accidents, incidents, vandalism, emergencies or cleanup and/or removal of a wastewater residual disposed of illegally or contrary to the permit, chapter 17-7, part IV, or chapter 17-640, Florida Administrative Code, or article II of this chapter. In the event a municipality is a permittee pursuant to this article, then said municipality shall be exempt from posting financial assurance.

(h) Permit appeal procedures. If any person is aggrieved by the issuance of a permit with specific conditions or the denial of a permit, the person may petition, within 30 days, for the county council to review the permit. The county council may approve, revise or revoke the permit.

(i) Report and recordkeeping insurance. The permittee shall submit monthly reports to the environmental management division. This report shall contain, at a minimum, the following information:

(1) The date of application of the wastewater residual.

(2) The location of the residual application site.

(3) The amount of wastewater residuals applied.

(4) Identification of specific areas of the site where wastewater residuals were applied.

(5) The method of application of residuals.

(6) Water depths for the dates of residual application.

These reports are due by the 15th of the following month. Also required with the monthly report is the residuals application permit fee, as defined in subsection 50-458(a), for the volume of wastewater residuals that was applied for that calendar month. Other records shall be kept in accordance with the applicable sections of Chapter 17-7, part IV, and Chapter 17-640, Florida Administrative Code. The permittee shall submit a certificate of insurance when applying for the permit, when the insurance is changed, or when the policy is renewed. A paid-up, current insurance policy is required throughout the life of the permit. The permittee shall submit to the environmental management department wastewater residual analyses as required in the applicable sections of Chapter 17-7, part IV, and Chapter 17-640, Florida Administrative Code.

(Ord. No. 91-37, § VI, 12-5-91; Ord. No. 2004-22, 11-4-04; Ord. No. 2005-15, 10-6-05)

Sec. 50-457. - Right of entry; revocation of application permit.

Employees of the county shall have the right to enter private property for the purpose of monitoring wastewater residual application activity and for investigating complaints and alleged violations of this article, and the issuance of any wastewater residual application permit shall authorize such entry and right of inspection.

(Ord. No. 91-37, § VII, 12-5-91; Ord. No. 2004-22, 11-4-04)

Sec. 50-458. - Revocation of application permit.

If an inspection conducted by Volusia County Environmental Management Division staff shows that any part of this article or FDEP regulations have been violated, the county environmental management division director shall have the right to revoke and/or suspend the permit in accordance with the violations listed below and/or enter into a consent agreement with the violating party. If the revoking of a permit aggrieves any person, which person may petition, within 30 days, for county council review.

(a) Failure to properly mark a setback area as defined in subsection 50-456(c)(4).

(1) First offense, written warning;

(2) Second offense, suspension of permit for 30 days;

(3) Third offense, suspension of permit for 60 days;

(4) Fourth offense, suspension of permit for 90 days.

(b) Spreading residuals within a setback area as defined in subsection 50-456(c)(3) and FDEP regulation 62-640.700(4)(a).

(1) First offense, written warning;

(2) Second offense, suspension of permit for 30 days;

(3) Third offense, suspension of permit for 60 days;

(4) Fourth offense, suspension of permit for 90 days.

(c) Spreading residuals when the water table is above 24 inches as stated in FDEP regulation 62.640.700(6)

(1) First offense, suspension of permit for 30 days;

(2) Second offense, suspension of permit for 60 days;

(3) Third offense, suspension of permit for 90 days;

(4) Fourth offense, suspension of permit for 12 months.

(d) Spreading residuals outside the range of 11.0 to 12.5 as set by FDEP regulation 62.640.600(c).

(1) First offense, suspension of permit for 60 days;

(2) Second offense, suspension of permit for 90 days;

(3) Third offense, suspension of permit for 12 months.

(e) Spreading residuals during non-approved days or times as defined in subsection 50- 456(c)(5).

(1) First offense, suspension of permit for 30 days;

(2) Second offense, suspension of permit for 60 days;

(3) Third offense, suspension of permit for 90 days;

(4) Fourth offense, suspension of permit for 12 months.

(f) Failure to provide the proper documentation during an inspection or upon request by the county inspector as stated in subsection 50-6(c)(2).

(1) First offense, written warning;

(2) Second offense, suspension of permit for 30 days;

(3) Third offense, suspension of permit for 60 days;

(4) Fourth offense, suspension of permit for 90 days.

(g) Failure to submit the required monthly report by the 15th of each month as stated in subsection 50-456(i).

(1) First offense, written warning;

(2) Second offense, suspension of permit for 30 days;

(3) Third offense, suspension of permit for 60 days;

(4) Fourth offense, suspension of permit for 90 days.

(Ord. No. 2004-22, 11-4-04)

Secs. 50-459—50-490. - Reserved.

(63) Special acts reference—Solid waste, ch. 226