§ 12-179. Land spreading permit required.

(a)

Any person who intends to land spread domestic or industrial type wastewater residuals, including, but not limited to, air treatment sludges and water treatment sludges, in Polk County, shall obtain a permit for such activity from the public works department. Such permit may be revoked or denied for failure to comply with any of the requirements of this article. Approval of a permit shall be contingent upon the applicant adequately providing the following minimum information:

(1)

Location of the proposed land spreading site(s); provide a topographic map with site(s) drawn to scale.

(2)

Proof of permission from property owners, or their agent, to accept industrial or domestic wastewater residuals on the site and their signature on the application accepting the conditions set forth in this article.

(3)

Transport routes, points of ingress and egress to the spreading site, and an estimate of the number of daily truck trips to the land spreading site.

(4)

Classes of residuals to be land spread.

(5)

Agriculture use plan, as required in Chapter 62-640, F.A.C.

(6)

A copy of the written request for modification of the wastewater treatment facility's current FDEP operation or construction permit.

(7)

The permanent location and address of the business where transporting/land spreading operations will originate and where equipment is stored when it is not in use.

(8)

Certification by the lead operator, licensed in the State of Florida, documenting the ability of each wastewater treatment plant to achieve the minimum residuals stabilization levels required by Chapter 62-640, F.A.C. and 40 CFR, Part 503.

(9)

Certification by the lead operator that the wastewater residuals have been properly treated and stabilized, according to Rule 62-640, F.A.C. and 40 CFR, Part 503.

(10)

Proof that required residuals sampling and analyses, as specified in Rule 62-640, F.A.C., are being performed during periods of representative waste stream flow into the wastewater treatment plant. Nonrepresentative flows include extended low flow periods during the off-season and other similar situations.

(11)

A surety bond in the amount of ten thousand dollars ($10,000.00), payable to Polk County, for the purpose of correcting any environmental damage or public health threat caused by the permit holder. This provision shall not apply to any government agency.

(12)

All vehicles used to transport and/or apply residuals in Polk County must be registered with the department. Additional vehicles must be registered within thirty (30) days of purchase or use in the county.

(13)

The applicable permit fees and registration fees.

(b)

The permit number, along with the company name, address, phone number and the gallon capacity of the truck shall be prominently displayed on the tank portion (of the service truck) in three-inch-tall or larger letters. Numbers shall be placed on both sides and rear of the vehicle. If the service truck is used for both residuals and septage/related waste hauling, the Department of Health and Rehabilitative Services' truck identification number shall also become the Polk County permit number (if requested by the permittee). This identification signage must be permanently applied to the vehicle(s). Signage must be of a contrasting color to the vehicle color.

(c)

The permit shall not be transferable.

(d)

The public works department must receive an application for a residuals land spreading permit for land spreading sites that exist on the effective date of this article, and within ninety (90) days thereof. If an application is not received, the site will not be considered an approved land spreading site. Continued use of the site(s) may cause the transporter and/or other responsible parties to be subject to the penalties outlined in section [12-188] below.

(e)

The term for each permit issued shall be for one year. A permittee must submit an application for renewal at least thirty (30) days prior to the expiration of the valid permit.

(f)

The applicant shall allow the public works department to inspect the proposed land spreading site(s) for compliance with all applicable rules and regulations prior to an initial permit becoming effective. All discrepancies must be corrected prior to permit approval.

(g)

Whenever a permit applicant is denied an initial permit or permit renewal or permittee has had a valid permit revoked, he or she may appeal to the Polk County Board of County Commissioners. A written appeal must be filed with the public works director within thirty (30) days of denial of the permit. The applicant or permittee must set forth in the written appeal reasons why the permit should not have been denied or revoked.

(h)

Permit applicants requesting multi-application area approvals: All proposed residuals application areas located on contiguously owned property may be considered as one site for application purposes.

(i)

Completed forms as listed in Chapter 62-640, F.A.C., may be submitted as part of the required information to obtain a land spreading permit.

(j)

The land spreading and stabilization of domestic septage, chemical/portable toilet sludge, holding tank sludge, and food service sludge shall be permitted by the Department of Health and Rehabilitative Services as required by Chapter 10D-6, F.A.C.

(Ord. No. 95-69, § 8, 12-19-95)