HomeMy WebLinkAboutOrdinance 83.04 Limiting land use for the application or injection of sewage sludgeOrdinance No. 83.04
AN ORDINANCE LIMITING THE USE OF LAND WITHIN THE TOWN OF MARANA FOR THE
APPLICATION OR INJECTION OF SEWAGE SLUDGE.
WHEREAS, The Town of Marana is empowered to regulate the use of land
within the Town in accordance with Arizona Revised Statutes, and
WHEREAS, The Town Council of the Town of Marana is obligated to enact
laws to protect the health, safety, and general welfare of the residents
of the Town, and
WHEREAS, it has been proposed that land within the Town of Marana be
used for the disposal, by subsurface injection, of sewage sludge that has
been created as a.result of the treatment Of sewage at waste treatment fa-
cilities located outside of the Town of Marana,
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF
MARANA THAT:
(1) The use of land within the Town of Marana that is within one-
quarter mile of a human residence that is also within the Town of Marana
for the application of or injection of sewage sludge to the surface or
within eighteen (18) inches of the surface shall be prohibited, except
where said residence is owned by the owner of the land where sludge is
to be applied or injected or where a written waiver has been obtained
from the resident or owner of the residence and where said waiver has
been filed with the Town Clerk.
(2) The use of land within the designated flood plain of the Santa
Cruz River as defined by the Town Zoning Ordinance or Development Code for
the application of or injection of sewage sludge within eighteen (18) inches
of the surface shall be prohibited.
(3) The use of any other land within the Town of Marana for the ap-
plication of or injection of sewage sludge to the surface or within eight-
een (18) inches of the surface shall be in accordance with standards and
regulations of the United States Environmental Protection Agency, the
Arizona Department of Health Services, and thePima County Health Department
for the protection of those who may work on said land and for those who
may use such land at a later time for purposes other than the growing of
crops or other agricultural purposes, including residential, commercial,
industrial, and public land uses.
(4) Any use of land within the Town of Marana for the application
or injection of sewage sludge shall be reported to the Town Clerk upon the
initiation of such land use at each site approved by the Arizona Department
of Health Services, in accordance with the regulations of the State of
Arizona and the Pima County Department of Wa~tewater Management.
(5) Enforcement of this Ordinance shall be the responsibility of
the Town Planning and Zoning Administrator, but other law enforcement of-
ficers of the Town may be called upon to enforce its provisions from time
to time.
(6) Any firm, corporation, person, or persons violating any of the
provisions of this Ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of no more than three
hundred dollars (300.) or by imprisonment in the County Jail for not
more than ninety (90) days, or by both such fine and imprisonment. Any
person, persons, firm, or corporation found guilty of violating this
Ordinance shall be deemed guilty of a separate offense for each day
during which said violation is continued. The imposition of any fine
or other sentence shall not exempt the offender from compliance with
the provisions of this Ordinance.
(7) In consideration of impending land use proposals, in the opin-
ion of the Town Council an emergency exists. Therefore, this Ordinance
shall be in full force and effect from and after its passage by the Town
Council.
Passed and Adopted by the Town Council of the Town of Marana,
Arizona, this 18th day of May 1983.
ATTEST:
Town Clerk