§ 9-153. [Additional regulations.]

In addition to the standards adopted by section 9-152 above, the following regulations shall apply. To the extent of a conflict, inconsistency or deviation between the standards of section 9-152 and the following regulations, the following shall prevail:

(1)

It shall be unlawful to apply, spread or otherwise dispose of sludge of any kind, septage and/or domestic wastewater residuals within seven hundred fifty (750) feet from an occupied dwelling or other occupied building, and within one hundred (100) feet of the property boundaries of the land application site, measured from the closest distance between the two (2) points. The HRS local health unit may waive the seven hundred fifty (750) feet requirement for owner-occupied dwellings upon application of the owner-occupant. Provided the state minimum setback requirements must still be maintained unless a variance or waiver is obtained from the appropriate state agency.

(2)

Fourteen (14) calendar days prior to the landspreading or application, the site shall be posted by the person responsible for the landspreading or application advising the public of the application. The sign shall be of a size and format prescribed by the HRS local health unit of the county. The signs shall include the name, address and phone number of the person or entity applying for or possessing a permit for such activity with the appropriate state regulatory agency or, if no permit is required or obtained, the name, address and phone number of the person or entity engaged in the application or landspread. The signs shall be located at the land application site entrance and such other points as deemed necessary by the HRS local health unit of the county for adequate public notification taking into consideration, but not limited to, such factors as the existence of physical barriers to the site access, the distance from the property boundary to the land application site, and the potential for unauthorized site access/entry. Such signs shall remain posted for the duration of the application/landspread. Should any such sign become illegible due to deterioration, vandalism or other causes it shall be promptly replaced. The permit applicant shall cause to be published in a newspaper of general circulation in the county a notice of intent to landspread. The content of the notice shall be as prescribed by the HRS local health unit. The notice must be published at least fourteen (14) calendar days prior to permit issuance. If the proposed application site boundary is less than one thousand (1,000) feet from the abutting property lines, all owners and then occupants of occupied dwellings or buildings within one thousand (1,000) feet of the land application site, or their authorized agents, shall be notified of the proposed activity. Such notification shall be by certified mail, return receipt requested at least fourteen (14) calendar days prior to issuance of the permit for the application/landspread activities, per sections 9-155, 9-156 and 9-157 hereinbelow.

(3)

Vehicles hauling sludge, septage and/or domestic wastewater residuals to sites for application/landspreading in unincorporated Osceola County shall be conspicuously marked on both sides of the vehicle in no less than three-inch print in contrasting colors with the name, address and phone number of the company, its gallon capacity, truck number and county permit number. Said information and the vehicle tags shall be visibly legible at all times and not obscured by dirt, grime, soil, etc. All landspreads/applications of wastewater residuals, sludges or septage shall be separated from any manufactured or manmade item or product before being landspread/applied. No manufactured or manmade items or products shall be landspread. All applications shall be performed in a manner to prevent pooling and shall be evenly applied over the landspread site. A device for even spreading must be utilized. All vehicles hauling sludge, septage or wastewater residuals must be capable of passing the seven-point pretrip inspection required by the state division of motor vehicles for vehicles with a gross vehicle weight of greater than twenty-six thousand (26,000) pounds. Vehicles hauling sludge, septage or wastewater residuals shall be operated in such a manner and be of such weight so as not to result in damage to the roadways. Any unpaved roads used by a permittee to access a landspread site shall be maintained by the permittee at permittee's expense.

(4)

No application/landspread site shall emit noxious, objectionable, offensive odors so as to constitute a nuisance, as determined at the property boundary of the site.

(5)

All wastewater residuals, septage and sludges shall be transported without leakage, spillage or the creation of a sanitary nuisance.

(Ord. No. 93-2, § 3, 1-11-93)