City of Saco, ME Article V Sludge

§ 181-37 Title.

This article may be cited as the "Sludge Utilization Ordinance."

§ 181-38 Purpose.

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.

§ 181-39 Definitions.

As used in this article, the following terms shall have the meanings indicated:

APPLICANT

The owner of land upon which stabilized sludge is proposed to be spread.

DEPARTMENT

The Department of Environmental Protection.

INCORPORATION

The mixing of sludge with soil in its upper horizon by such means as subsurface injection, rototilling, harrowing or plowing.

PLANT

The City of Saco Wastewater Treatment Plant.

[Amended 4-1-1996]

SLUDGE

The various solids and associated liquids encountered and concentrated during wastewater treatment.

STABILIZED SLUDGE

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The former definition of "Superintendent," added 4-1-1996, as amended, which immediately followed this definition, was repealed 1-22-2013.

§ 181-40 Certain sludge prohibited; exemptions.

[Amended 4-1-1996]

A. 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. 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. 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.

§ 181-41 Application process; fee; renewal.

A. 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. The applicant shall indicate on the application the following information:

(1) The proposed method of land application.

(2) The proposed buffer zones.

(3) The present land use and any proposed land use.

(4) The soil type. A copy of the soil test shall be attached to the application and maintained with the City's records.

(5) A permit from the Department approving land spreading.

[Added 4-1-1996]

(6) The location of wells on the applicant's property and abutting properties.

C. 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. The applicant must have a reciprocal agreement with the City of Saco.

[Added 4-1-1996]

E. 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. 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.

G. Any person, firm or corporation who wishes to renew a license issued under this article shall file an application for renewal with the City Clerk. Upon receipt of such renewal application, the City Clerk shall follow the procedure outlined in Subsections E and F of this section.

§ 181-42 Buffer zones.

A. 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:

(1) Residence: 300 feet.

(2) Surface waters: 300 feet.

(3) Roadways: 100 feet.

(4) Water supply wells: 300 feet.

(5) High-water mark of intermittent swales and drainage ditches: 25 feet.

B. The distances indicated in Subsection A may be increased depending upon site conditions, provisions to prevent odors, runoff or groundwater contamination and any other factors which the Council considers to require greater distances.

§ 181-43 Limitations on sludge application.

As part of the approval of any application, the Council may impose any or all of the following limitations:

A. A specified limit on the number of times stabilized sludge may be applied to the land.

B. More restrictive buffer zones, as indicated in § 181-42.

C. Initial and subsequent soils analyses to determine the cumulative effect of the sludge application process.

D. Monitoring of wells to determine impact on water supplies.

§ 181-44 Standards for sludge application.

The application of stabilized sludge to land shall conform to good agricultural practices and is subject to any rules established by the Department.

§ 181-45 Use of lime to control odors.

[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.

§ 181-46 Right of entry.

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.

§ 181-47 Term of license; revocation.

A. 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. 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.

§ 181-48 Violations and penalties.

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.