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ORDINANCE NO. 2020- 007 <br /> WHEREAS, the Board has three times approved ordinances extending the <br /> temporary moratorium on land application of Class B biosolids activities, which <br /> moratorium will expire on July 5, 2020; and <br /> WHEREAS, the purpose of this ordinance is to extend the temporary moratorium <br /> on land application of Class B biosolids activities, as defined herein, for an additional 180 <br /> days, beginning July 5, 2020, except where such regulation of such activities is <br /> determined to be preempted to the state, for a period of time reasonably necessary for <br /> Indian River County to coordinate with the Florida Department of Environmental <br /> Protection and investigate the impacts of land application activities upon the public health, <br /> safety, and welfare, to promulgate reasonable regulations relating to such activities if <br /> deemed advisable by the Board, and to assess their impact to Indian River County; <br /> NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br /> Section 1. Recitals Adopted <br /> Each of the recitals set forth above is hereby adopted, re-adopted and incorporated <br /> herein. <br /> Section 2. Enactment Authority. <br /> Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br /> broad home rule powers in counties to enact ordinances, not inconsistent with general or <br /> special law, for the purpose of protecting the public health, safety and welfare of the <br /> residents of the county. The Board specifically determines that the enactment of this <br /> ordinance is necessary to protect the health, safety and welfare of the residents of Indian <br /> River County. <br /> Section 3. Temporary Moratorium. <br /> Beginning on the effective date of this ordinance and continuing for a period of 180 days, <br /> or less if provided by an ordinance by the Indian River County Board of County <br /> Commissioners, a moratorium is hereby imposed and extended upon all properties within <br /> the unincorporated areas of Indian River County involved in land application of Class B <br /> biosolids, beginning July 5, 2020, except where determined to be inconsistent with or <br /> preempted by state law or regulation or for testing per section 5 below as approved by <br /> the Florida Department of Environmental Protection. In addition, the moratorium is hereby <br /> imposed and extended upon all transportation activities by any person or entity that is <br /> engaged in the transportation of Class B biosolids for land application within Indian River <br /> County, except where determined to be inconsistent with or preempted by state law or <br /> regulation. All currently approved septage/grease haulers as well as Indian River County <br /> contracted haulers of domestic wastewater sludge for treatment at the Indian River <br /> County Residual Dewatering Facility and disposal at the Indian River County landfill are <br /> not transporting Class B biosolids for land application purposes and thus are not affected <br /> by this ordinance or moratorium. <br /> 3 <br />