Champlain City Zoning Code
ARTICLE XII
Control of Bio-Sludge and Waste
§ 130-88 Application of products.
No person shall apply biosolids, biosolid products, and human-waste-derived products (hereinafter referred to as the "products") on lands in the Town until all of the procedural requirements set forth in this article as well as those set forth in applicable federal and state laws and regulations have been satisfied. No owner shall permit land application of biosolids, biosolid products, and human-waste-derived products on land in the Town until all of the requirements set forth in this article and those set forth in all state and federal laws and regulations have been satisfied.
A.
Land application of biosolids, sewage sludge, or human-waste-derived products shall not encroach within 100 feet of any floodplain as established by the Federal Emergency Management Agency, and displayed in the most current version of Flood Insurance Rate Map.
B.
Land application of biosolids, sewage sludge, or human-waste-derived products shall not encroach within 500 feet of any property boundary.
C.
Land application of biosolids, sewage sludge, or human-waste-derived products must be accomplished within one week of the placement of the material on site unless unforeseen weather conditions or other circumstances reasonably beyond the control of the permittee prevent such application and must then be applied as soon as reasonably practical.
D.
Land application of biosolids, sewage sludge, or human-waste-derived products must be accomplished in an application rate that is in accordance with the manufacturer's recommendations for use, and shall not exceed 40 cubic yards of material per acre per calendar year.
E.
Land application activities must be scheduled so as to avoid conflicts with community and social events in the vicinity of the land application site.
F.
Land application of above product(s) must comply with the following:
(1)
Land application is prohibited in areas where groundwater is within 24 inches of the ground surface at time of application.
(2)
Land application is prohibited in areas where bedrock lies less than 24 inches below the ground surface.
(3)
Land application is allowed only on soils with a minimum of six inches of existing topsoil and shall not be used as a soil filter, replacement or supplement.
(4)
The land application rate must not exceed the agronomic rate of lime addition designed to achieve a soil pH value in an acceptable range for the crop grown. The application rate must be sufficiently reduced to ensure the appropriate application rate is not exceeded if supplemental fertilizer or manure has been or is intended to be added to the site.
(5)
In all cases, the product that is land applied must be incorporated into the soil within 48 hours after application, unless concerns regarding odor and surface runoff can be mitigated by other means, and upon the advice and recommendation of the Town's Zoning Board of Appeals Code Enforcement Officer, the Town approves such means.
(6)
Land application is prohibited on water-saturated ground or during heavy rainfall. Land application is prohibited on snow-covered or frozen ground, except by direct injection below the land surface.
(7)
Proper soil conservation practices and agricultural management practices must be used to minimize runoff and soil loss through erosion.
(8)
Land application of product is prohibited on land with a slope exceeding 15%. Land application of liquid product with a total solids content of less than 15% is prohibited on land with a slope greater than 8%, unless applied by subsurface injection along paths parallel to contour lines of the land.
§ 130-89 Storage or stockpiling.
No person shall operate a storage facility or stockpile for biosolids, sewage sludge, or human-waste-derived products within the Town without receipt of a special use permit from the Town, if applicable.
§ 130-90 Odors.
No person shall land apply or stockpile biosolids, sewage sludge, or human-waste-derived products generating odors offensive to persons of ordinary sensibility across property lines for two weeks or more after completed land application. If odors persist for more than two weeks after application, the owner shall be required to remedy the odor through means such as tilling of the land, or spreading of some other permitted soil over the land to reduce the odor.
§ 130-91 Exceptions.
These regulations shall not apply to on-site disposal of human waste and septage through an approved on-site septic system or on-site sewage treatment process. Further, these regulations shall not apply to any bagged biosolid product or human waste-derived product that is sold in a bagged form, and which remains in bagged form until used by the consumer.
§ 130-92 Monitoring and sampling.
A.
By agreeing to accept biosolids, sewage sludge, or human-waste-derived products for land application, the owner of a property on which land application takes place agrees to allow the Town Code Enforcement Officer access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the permittee and/or applicator to ensure that the property owner is advised of this requirement. The Code Enforcement Officer (CEO) shall make diligent efforts to contact the property owner prior to entering the property.
B.
The permittee and the owner shall allow the Town Code Enforcement Officer to take samples at the application site before, during, and after the application. Any test samples shall be analyzed at a lab qualified to determine compliance with all applicable laws and regulations. At the request of the applicator, the Code Enforcement Officer shall provide the owner with a site sample.
C.
Upon completion of the analysis, the results shall be provided to the Town and the owner(s) of the property in question. If the tests indicate that the biosolid, sewage sludge or human waste-derived product does not meet federal and New York State-established standards for regulated pollutants, pathogens, heavy metals, carcinogenic materials and other state and federal hazardous wastes, the Town may notify the state and federal governing agencies of the deficiencies of the product and request cleanup of the product at the owner(s)'s/applicator(s)'s expense.
§ 130-93 No landfill.
The creation and/or operation of sanitary landfills, dumps, dumping grounds or incinerators within the Town of Champlain for solid and/or liquid waste coming from inside or outside the boundaries of the Town of Champlain is prohibited.