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Home My Public Portal About058-1988-AMENDING ARTICLES 25 AND 36 OF CHAPTER 154AMENDED GENERAL ORDINANCE NO. 58-1988 AN ORDINANCE AMENDING ARTICLES 25 AND 36 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, it is the intent of this Ordinance to amend Articles 25 and 36 of Chapter 154 of the Municipal Code; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the .� 7 15� day of 1988, at which time remonstrances were heard from d11 parties interested in or affected by this Ordinance and, WHEREAS, the vote of the City Plan Commission was to D in favor of/in recomending the passage of Amended Ordinance N0.58-1988. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Article 25 of Chapter 154 of the Municipal Code shall be amended by adding Article 25.020 as follows: 25.020 Land application of digested sewage sludge. 25.021 General Requirements: The land application of digested sewage sludge shall comply with the following general requirements: 1. The digested sewage sludge intended to be land applied shall be generated from a waste water treatment plant that has obtained a permit from the Indiana Department of Environmental Management authorizing the land application of said digested sewage sludge, pursuant to 330 IAC 3.3 as amended. The permit shall specifically authorize the land application of digested sewage sludge on the property identified in the Special Use application. 2. The land application of digested sewage sludge shall at all times occur in accordance with the requirements and conditions contained in the permit issued by the Indiana Department of Environmental Management. The Petitioner shall submit, as a part of the Special Use Petition, a development plan indicating areas where digested sewage sludge shall be applied, areas where surface land application of digested sewage sludge shall be permitted, areas where frozen ground application procedures are permitted, areas that have been reserved as buffer zones, and the proposed land use of all digested sewage sludge application areas. Digested sewage sludge shall not be applied within three hundred (300) feet of any body of fresh water or neighboring residence or property line, unless application is accomplished by soil injection or immediate soil incorporation. No digested sewage sludge shall be applied within one hundred (100) feet of any residential premises. Digested sewage sludge shall not be applied to any site which will be utilized for the production of any truck farm crops or as a garden area. Amended Ordinance No. 58-1988 Page 2 5. The maximum annual application rate and maximum cumulative application rate of digested sewage sludge applied to the land shall comply with the terms specified in the permit issued by the Indiana Department of Environmental Management. 6. The implementation of a daily tracking and monthly monitoring program of the digested sewage sludge is required, and monthly and annual reports shall be submitted to the Wayne County Health Department, said reports shall include all pertinent information obtained daily and monthly as to amounts, areas and rates of land application, the intended use of the land application site, and each laboratory analysis of the sludge obtained. An annual report shall also be submitted to the Richmond Plan Department by the petitioner on or before January 31st of each year. This monitoring program shall be conducted by the responsible person in charge of the land application project at the wastewater treatment plant holding the Permit. 7. Digested sewage sludge shall be tested to determine its suitability prior to application, so that no sludge shall be applied that does not meet the standards of the Permit issued by the Indiana Department of Environmental Management. 8. Stockpiling of dewatered sludge at any land application site is prohibited. 9. The laboratory data will be reviewed for PCB levels. Sludge containing PCB levels below 10 mg/kg (dry weight) will be either surface applied or injected. Sludge containing greater than 10 mg/kg and less than 50 mg/kg (dry weight basis) will only be incorporated. Sludge containing greater than 50 mg/kg (dry weight) will not be applied. (327 IAC 6, 6-6-7b). 10. The Commission may require the property owner, on whose land digested sewage sludge has been applied, to make a written commitment concerning compliance with the terms and conditions setforth above. Said written commitments shall be recorded in the Office of the Wayne County Recorder. SECTION 2. That Article 36 of Chapter 154 of the Municipal Code shall be amended by adding a new Section 36.01, as described below, and renumbering the the existing Sections in the appropriate numerical order. 36.01 SPECIAL USES. The following uses may be allowed as special uses by Ordinance of the Common Council of the City of Richmond in accordance with the provisions of Article 48 hereof: 36.011 Land application of digested sewage sludge. 36.0111 General Requirements: The land application of digested sewage sludge shall comply with the following general requirements: 1. The digested sewage sludge intended to be land applied shall be generated from a waste water treatment plant that has obtained a permit from Amended Ordinance No. 58-1988 Page 3 the Indiana Department of Environmental Management authorizing the land application of said digested sewage sludge, pursuant to 330 IAC 3.3 as amended. The permit shall specifically authorize the land application of digested sewage sludge on the property identified in the Special Use application. The land application of digested sewage sludge shall at all times occur in accordance with the requirements and conditions contained in the permit issued by the Indiana Department of Environmental Management. The Petitioner shall submit, as a part of the Special Use Petition, a development plan indicating areas where digested sewage sludge shall be applied, areas where surface land application of digested sewage sludge shall be permitted, areas where frozen ground application procedures are permitted, areas that have been reserved as buffer zones, and the proposed land use of all digested sewage sludge application areas. 3. Digested sewage sludge shall not be applied within three hundred (300) feet of any body of fresh water or neighboring residence or property line, unless application is accomplished by soil injection or immediate soil incorporation. No digested sewage sludge shall be applied within one hundred (100) feet of any residential premises. 4. Digested sewage sludge shall not be applied to any site which will be utilized for the production of any truck farm crops or as a garden area. 5. The maximum annual application rate and maximum cumulative application rate of digested sewage sludge applied to the land shall comply with the terms specified in the permit issued by the Indiana Department of Environmental Management. 6. The implementation of a daily tracking and monthly monitoring program of the digested sewage sludge is required, and monthly and annual reports shall be submitted to the Wayne County Health Department, said reports shall include all pertinent information obtained daily and monthly as to amounts, areas and rates of land application, the intended use of the land application site, and each laboratory analysis of the sludge obtained. An annual report shall also be submitted to the Richmond Plan Department by the petitioner on or before January 31st of each year. This monitoring program shall be conducted by the responsible person in charge of the land application project at the wastewater treatment plant holding the Permit. 7. Digested sewage sludge shall be tested to determine its suitability prior to application, so that no sludge shall be applied that does not meet the standards of the Permit issued by the Indiana Department of Environmental Management. 8. Stockpiling of dewatered sludge at any land application site is prohibited. Amended Ordinance No. 58-1988 Page 4 9. The laboratory data will be reviewed for PCB levels. Sludge containing PCB levels below 10 mg/kg (dry weight) will be either surface applied or injected. Sludge containing greater than 10 mg/kg and less than 50 mg/kg (dry weight basis) will only be incorporated. Sludge containing greater than 50 mg/kg (dry weight) will not be applied. (327 IAC 6, 6-6-7b). 10. The Commission may require the property owner, on whose land digested sewage sludge has been applied, to make a written commitment concerning compliance with the terms and conditions setforth above. Said written commitments shall be recorded in the Office of the Wayne County Recorder. SECTION 3. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. PASSED AND ADOPTED this 2nae day of�&Z— 1988 by th Common Council of the City of Richmond, Indiana. Pre 'dent of Common Council ATTEST; City ClerW PRESENTED to the Mayor of the City of Richmond, Indiana, this 7 ce day of act- 1988. owl APPROVED by me, Frank H. Waltermann, May r of the City of Richmond, Indiana,this1,161 ay of 1988. ATTEST; - City Clerk/ DISPOSITION OF ORDINANCE NO. 6--9 -198 ,F- RESOLUTION NO. -198� by Common Council Ordinance Now-O Resole ion No. Elstro William Brookban c Hankinson McBrideParker Hutton Paust Morris Date fir" Susp. rules Ist read Title only ------------------ Seconded ------ ------ v -------- ---------- ------ ------ ------ ------- --------- Proof of Publicaton ------------------ Seconded ------ ------ -------- ---------- ------ ------ ------ ------- --------- Move to 2nd read ------------------- Seconded ------ ------ -------- ---------- ------ ------ Engrossment ------------- --- Seconded ----- ------ ✓ -------- --------- ------ -------------------------------- Susp rules 3rd read Seconded Passage g Q.Psi V ------- ---O R- ------- -- ----- ----------- ------ ------------------------------------- Rejection D Date Passed Ao "5r r-e COMMITTEE ASSIGNMENTS: Committee Date oo Commitee Hearing Date Reassigned to Council Agenda�0 PUBLICATION DATES: AMENDMENTS: COMMENTS: v 2 ao -S, U - CITY OF RICHMOND OF RICh� "Z Z 0 50 NORTH FIFTH STREET ►` `' 'p f�l� RICHMOND, INDIANA 47374 t TELEPHONE [317) 9B3-7241 NDIANP September 30, 1988 Mrs. Lynn Morris, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: An Ordinance No. 58-1988 Plan Commission Case PC-88-7 FRANK H. WALTERMANN MAYOR DANIEL S. DOOLEY E)IRE=R OF PLANNING, PERMITS AND INSPECTIONS Dear Mrs Morris, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted public hearings on August 23, 1988 and September 27, 1988, on its own initative to consider an amendment to the Zoning Ordinance, being Chapter 154 of the Code of Ordinances. At the present time the Zoning Ordinance does not regulate the land application of digested sewage sludge. The Sanitary District has informed the Plan Commission that several property owners in the Commission's two-mile jurisdictional area have agreed to allow the application of digest sewage sludge on their property. The Plan Commission appointed a special committee to review this issue with the Sanitary District Board and to draft an amendment to the Zoning Ordinance. The Sanitary Board has reviewed and approved the proposed amended Ordinance No. 58-1988. The proposed amendment would allow the land application of digested sewage sludge in the A-1 Agricultural District and in the AZ Airport District as a Special Use, subject to ten (10) required conditions. The Plan Commission voted eight (8) to zero (0) to recommend that Common Council adopt Ordinance No. 58-1988 as amended. A copy of the proposed amended Ordinance No.58-1988 has been included in the Council packett. Respect lly submitted, Ins Daniel S. Dooley Executive Secretary /sm GENERAL ORDINANCE NO. 58-1988 AN ORDINANCE AMENDING ARTICLE 25 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, it is the intent of this Ordinance to amend Article of Chapter 154 of the Municipal Code; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of 1988, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the City Plan Commission was to in favor of/in opposition to recommending the passage of Ordinance No.25-1988. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Article 25 of Chapter 154 of the Municipal Code shall be amended by adding Article 25.020 as follows: 25.020 Land application of sewage sludge. SECTION 2. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. PASSED AND ADOPTED this day of ,1988 by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST: City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana■ this day of 1988. ty Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of 1988. Mayor ATTEST: City Clerk