§ 2-31-173. Landspreading permit required.

(a)

Any hauler who intends to landspread properly treated and stabilized domestic wastewater residuals, domestic septage, food establishment sludge, or citrus processing wastewater residuals shall obtain a permit for such activity from the department. Such permit may be revoked or denied for failure to comply with any of the requirements of this article. A permit shall not be approved unless the hauler provides the following information:

(1)

Site map showing the location(s) of the proposed landspreading site(s). The site or sites shall be shown on a U.S. geological survey quad sheet or other type of map that clearly depicts topography, surface features of the land, and distances.

(2)

The zoning classification of the site(s), according to the Manatee County Zoning Atlas.

(3)

Haul routes, bridge locations and weight limits, points of ingress and egress to the landspreading site(s), and an estimate of the number of daily truck trips to the landspreading site(s).

(4)

Proof of permission from the property owner(s) authorized agent to accept domestic wastewater residuals, domestic septage, food establishment sludge or citrus processing wastewater residuals on his/her/their site(s).

(5)

A notarized statement by the hauler specifying the hours of operation for the transportation and landspreading of domestic wastewater residuals, domestic septage, food establishment sludge, or citrus processing wastewater residuals.

(6)

Type (liquid, dried or dewatered) and class (if applicable) of materials to be landspread.

(7)

Chemical analyses of the materials to be landspread, as required by FDEP, plus analyses of additional parameters, which may be required by the department based on the potential presence of toxic substances in the residuals, the water quality of affected surface and ground waters, and the hydrogeology of the area to receive the landscaped materials.

(8)

An estimate of the volume of material to be landspread, expressed in gallons per day, cubic yards per day, or tons per day.

(9)

A copy of an approved conservation plan for the parcel of land to receive the domestic wastewater residuals, domestic septage, food establishment sludge or citrus processing wastewater residuals. Should the permittee be unable to obtain an approved conservation plan for the site after applying to the district conservationist, the permittee may petition the board for a waiver or modification of the conservation plan requirement of this paragraph.

(10)

A copy of the approved agricultural use plan (FDEP Form No. 62-640.900(1)) as applicable.

(11)

The permanent location and address of the business where hauling operations will originate and where vehicles and ancillary equipment used for landspreading are stored when not in use.

(12)

Notarized statement by an authorized agent of the POTW, or WWTP documenting that the domestic wastewater residuals, domestic septage or food establishment sludges have been properly treated and stabilized, in accordance with Chapter 62-640, Florida Administrative Code; or, in the case of citrus processing wastewater residuals, that they are in accordance with an approved FDEP permit.

(13)

Proof that the hauler has at least one hundred thousand dollars ($100,000.00) in commercial liability insurance. The applicant shall submit a certificate of insurance when applying for the permit, when the insurance is changed, or when the insurance policy is renewed. A paidup, current insurance policy is required throughout the life of the permit. The permittee shall ensure that a copy of a currently in-force insurance policy is maintained as part of the department's records. If the hauler is a governmental entity, the governmental entity may submit a certificate of self-insurance to fulfill this requirement.

(14)

Performance security in the amount of fifty thousand dollars ($50,000.00) to ensure that any environmental damage or public health threat caused by the permit holder may be adequately remedied. Such performance security shall comply with all statutory requirements and shall be satisfactory to the county as to form and manner of execution. The collection on such security shall be at a location within fifty (50) miles of the county seat of Manatee County. In lieu of requiring this security, the board may permit government units to submit a certified resolution, ordinance or other written assurance from its governing body agreeing to reimburse the county for any funds expended to remedy environmental damage or injury to the public health caused by a hauler under that governmental unit's employment.

(15)

The applicable permit fee.

(b)

When a permit is issued, the number of said permit, along with the name of the hauling company, its address, phone number, empty weight of the truck, and truck capacity (stated in gallons or tons) shall be permanently applied and prominently displayed on both sides of the service truck in three-inch or larger letters and numbers.

(c)

The permit shall not be transferable.

(d)

The permitting requirements of this section shall apply to all approved, currently in-use landspreading sites as of April 14, 1997. An applicant may petition the board for an extension of the April 14, 1997 permit application deadline in cases where reasonable constraints prevent the applicant from fulfilling the application requirements of this section. Petitions for waivers of the landspreading permit application deadline must be submitted in writing to the director no later than April 1, 1997. The provisions of this section shall apply to all other landspreading operations upon its adoption. The board, in its sole discretion, may grant an extension if it deems one is required. The director shall approve, approve with conditions, or deny a permit application within thirty (30) days of the application being deemed complete.

(e)

Prior to approval and issuance of an initial permit, the department shall inspect the proposed landspreading site for compliance with all applicable rules and regulations.

(f)

Each permit issued shall be valid for a one-year period. If a permittee wishes to renew the permit for an additional one-year period, the permittee shall notify the department no less than thirty (30) days prior to permit expiration, in order that the department may have the opportunity to inspect the permitted landspreading site for compliance with all applicable rules and regulations. Any cases of noncompliance with the conditions of this article found during this inspection must be corrected prior to permit renewal.

(Ord. No. 97-26, § VIII, 2-18-97)