§ 44-247. Permitting.

(a)

Any person disposing of sludge or septage in the county shall be required to obtain a county permit from the board of commissioners or its designee prior to disposing of sludge or septage. Only sludges and septage which have been treated in accordance with all state and federal laws, rules, regulations and permit requirements and for which appropriate state permit for the land application thereof (if such permit is required) has been issued may be land applied or otherwise disposed of in the county.

(b)

Applications for new county permits shall be obtained from and filed with the county manager or his designee. All county permits are good for one year only. Each county permittee must reapply annually. Before a permit may be issued, the county permittee must complete an application and all county permit fees must be remitted as described herein. Renewal county permits may be issued within 90 days prior to the expiration date of the county permit then in effect so long as all requirements and conditions set forth herein otherwise shall be met.

(c)

The board of commissioners or its designee shall issue a county permit for the land application of those types of sludge and septage for which state permits are issued if the prospective county permittee meets the following requirements:

(1)

Pays a nonrefundable application processing fee of $300.00 upon submission of the materials and information required hereunder.

(2)

Pays, upon submission of the materials and information required hereunder, an annual county permit fee of $10.00 per acre, or such other amount as may be set from time to time by the county board of commissioners in the county fee schedule, for each acre in the county upon which sludge or septage may be land applied pursuant to a state permit. This amount shall be refunded if the prospective county permittee's application is denied. The fees required hereunder shall be paid into the general fund and shall be used to offset the costs of administering and enforcing this article.

(3)

Provides a copy of all state and federal permits required by state and federal agencies regulating the disposal of sludge and/or septage, along with all supporting data submitted with the application for said state and/or federal permit(s). All state and/or federal permits applicable to land application of sludge or septage within the county and which are renewed, extended, reissued or otherwise modified in any form shall be filed in the county manager's office within 14 days of receipt thereof.

(4)

Provides a listing of all landowners upon whose land the county permittee may land apply sludge or septage, together with a list of each field or other area, by landowner, in such format and meeting such requirements as the board of commissioners or its designee shall specify in writing in the county permit application. To the extent the information required hereunder is already contained in a state or federal permit submitted hereunder, the information need not be resubmitted.

(5)

Specify the total number of acres requested to be covered by the county permit

(d)

The board of commissioners or its designee shall issue a county permit for the land application of class A/EQ sludge and septage if the prospective county permittee meets the following requirements:

(1)

Pays a non-refundable application processing fee of $500.00 upon submission of the application required hereunder.

(2)

Provides yearly to the county manager or his designee in writing no later than March 1st for the prior calendar year ended December 31st the following information:

(a)

The source and quantity of the class A/EQ sludge and/or septage brought into the county;

(b)

The locations in which said class A/EQ sludge and/or biosolids was applied. This information will be provided in the manner specified by the county manager or his designee in the county permit and in any event shall be specific enough to allow the county manager or his designee to locate said application areas for the purposes of inspections; and

(c)

Copies of all justification of agronomic application (comprehensive nutrient management plan) submitted to the generator by the person bringing the sludge into the county or the person on whose behalf the sludge is being brought into the county.

(Ord. of 10-6-2003, § 7)