2018-016 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2018- ni ti NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the effective date of this ordinance. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date of this ordinance. 9