This article may be cited as the "Sludge Utilization
Ordinance."
This article regulates the land application
of stabilized sludge within the City, in conjunction with rules and
conditions of approval of the Department of Environmental Protection.
It is intended to encourage utilization of recoverable resources under
circumstances which protect the health, safety and welfare of the
citizens of Saco and which protect the environment.
As used in this article, the following terms
shall have the meanings indicated:
The owner of land upon which stabilized sludge is proposed
to be spread.
The Department of Environmental Protection.
The mixing of sludge with soil in its upper horizon by such
means as subsurface injection, rototilling, harrowing or plowing.
The City of Saco Wastewater Treatment Plant.
[Amended 4-1-1996]
The various solids and associated liquids encountered and
concentrated during wastewater treatment.
Sludge which may be spread on or applied to land after having
undergone a process to reduce pathogens that is acceptable to the
Department. Analysis of sludge shall be conducted quarterly.[1]
[1]
Editor's Note: The former definition of "Superintendent,"
added 4-1-1996, as amended, which immediately followed this definition,
was repealed 1-22-2013.
[Amended 4-1-1996]
A.Â
Sludge generated at sources other than the City of
Saco Wastewater Plant may not be imported into the City for disposal,
treatment, processing or utilization of any kind unless such application
has been approved by the Superintendent and permitted by the City
Council.
B.Â
This article does not regulate the importation or
utilization of stabilized sludge which has been composted or stabilized
in a manner to further reduce pathogens as approved by the Department.
The use of such stabilized sludge may be permitted by the Superintendent,
who is authorized to waive the provisions of this article if satisfied
that the stabilized sludge to be used falls within the provisions
of this section.
C.Â
Municipalities having reciprocal agreements with the
City of Saco may be permitted for land spreading agreements by the
City Council, provided that the sludge has been composted or stabilized
in a manner to further reduce pathogens that is approved for utilization
by the Department. The use of such stabilized sludge must be approved
by the Superintendent and permitted by the City Council, provided
that the stabilized sludge or pulp and paper-mill sludge to be used
falls within the provisions of this section.
A.Â
Any person, firm or corporation desiring to apply
stabilized sludge to his or its land shall first apply for a license
from the City Council. A fee established by the City Council after
a public hearing shall accompany the application.
[Amended 4-1-1996; 4-7-2003]
B.Â
The applicant shall indicate on the application the
following information:
(1)Â
The proposed method of land application.
(2)Â
The proposed buffer zones.
(3)Â
The present land use and any proposed land use.
(4)Â
The soil type. A copy of the soil test shall be attached
to the application and maintained with the City's records.
(5)Â
A permit from the Department approving land spreading.
[Added 4-1-1996]
(6)Â
The location of wells on the applicant's property
and abutting properties.
C.Â
If the application is subsequently approved, the City
shall offer abutting landowners an initial well-testing for heavy
metals and other contaminants, as recommended by the Department of
Environmental Protection. Anyone not willing to submit to testing
shall have no claim honored by the City for alleged contamination.
D.Â
The applicant must have a reciprocal agreement with
the City of Saco.
[Added 4-1-1996]
E.Â
When an application is received under this article,
the City Clerk shall place the application on the agenda for the next
City Council meeting. At that meeting, the Council shall schedule
a public hearing for the purpose of reviewing the application.
F.Â
Not less than five days before the public hearing,
the City Clerk shall cause a notice of the hearing to be published
in a newspaper having general circulation in the City. Not less than
seven days before the public hearing, the City Clerk shall cause notices
of the hearing to be sent to owners of land abutting the land upon
which the sludge is to be used. The City Clerk may send the notices
by regular mail to the addresses indicated in the records of the Tax
Assessor's office.
A.Â
The Council may not approve an application which does
not demonstrate that the following distances will be maintained from
the land proposed for sludge application:
As part of the approval of any application,
the Council may impose any or all of the following limitations:
The application of stabilized sludge to land
shall conform to good agricultural practices and is subject to any
rules established by the Department.
[Amended 4-1-1996]
If, during or after the application of stabilized
sludge to land, excessive odors are noticeable from any abutting property,
the Superintendent may require the immediate application of lime to
the land. The Superintendent shall ensure that sufficient lime is
immediately applied to eliminate the excessive odors.
As a condition of any approval, the applicant
shall agree to provide to the Council's designee and to the Department
access to the land at all reasonable times.
A.Â
Any license issued under this article expires three years after issuance but may be renewed if a renewal application is submitted under § 181-41G prior to the expiration date.
[Amended 4-1-1996]
B.Â
Any violation of this article or of any term or condition
of a license is grounds for revocation of the license. In case of
any such violation, the Council may notify the applicant and establish
a hearing date to consider revocation of the license. Such notification
to the applicant constitutes an immediate suspension of any authority
granted to the applicant by the license or under this article pending
hearing.
Any person, firm or corporation who or which
violates any provision of this article is subject to a forfeiture
of not less than $500 for each offense, to be recovered in a proceeding
brought in the name of the City. Each day of violation constitutes
a separate violation.