§ 2-31-174. Landspreading site requirements.

(a)

Each permittee shall restrict access to a landspreading site by the general public for a one-year period after landspreading activities have ceased. "General public" shall not be construed to mean parties authorized for entry by the property owner, including but not necessarily limited to the hauler and authorized agents of the EPA, FDEP, NRCS, MRSWCD, and Manatee County. Access shall be restricted by the use of "No Trespassing" signs, suitable fencing or other effective means.

(b)

Each landspreading site shall be a minimum of one hundred (100) acres, except that any site not zoned for agriculture or extraction in the Manatee County Zoning Atlas shall be a minimum of two hundred (200) acres.

(c)

The parcel of land on which domestic wastewater residuals, domestic septage or food establishment sludge are to be landspread shall be fenced or otherwise secured in a manner that will exclude livestock from the landspreading site in accordance with the conditions set forth in Chapter 62-640, Florida Administrative Code.

(d)

Water level observation points used to monitor water table levels shall be installed on the landspreading site at elevations that are representative of the entire site. In processing the landspreading permit application, the department will consult with the U.S. Natural Resources Conservation Service (NRCS) district conservationist to ensure that the water level observation points are placed at locations representative of water table conditions over the entire site.

(e)

Landspreading of domestic wastewater residuals, domestic septage, food establishment sludge, and citrus processing wastewater residuals shall meet the following minimum setbacks:

Surface Feature	Distance in Feet
Class I waterbody or OFW	3,000
Any private water supply well	300
Any public water supply well	500
Any irrigation well	75
Isolated wetlands	30
Any other surface water except canals or other waterbodies used for irrigation that are located entirely within the site and which will not discharge from the site at any time	200*
Any habitable building	700
The nearest property line	200*

 

*The two hundred-foot setback may be reduced to one hundred (100) feet if the materials being applied to the land are injected or disked into the soil within forty-eight (48) hours of their placement on the landspreading site, or if a conservation plan is provided demonstrating that stormwater runoff generated by a ten-year, one-hour storm event will be prevented from entering or leaving the land application area.

(f)

The director or his/her designee shall have the authority to impose specific conditions in a permit that are necessary to mitigate anticipated environmental or human health and safety impacts associated with the proposed landspreading activity. Specific conditions may include, but are not limited to:

(1)

Setbacks exceeding the minimums as required in subsection (e).

(2)

Limitation of land application based on soil types and historical groundwater table fluctuations.

(3)

Setbacks from adjacent property lines or habitable buildings, which may be reduced in cases where the hauler has obtained setback waivers from the adjacent property owners or affected residents.

(Ord. No. 97-26, § IX, 2-18-97)