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1372 ORDINANCE NO. 1372 ( #15 - 09) AN ORDINANCE TO CREATEJMC §8.30 TO REGULATE THE DISPOSAL OF DRILL CUTTINGS ORIGINATING FROM DRILLING OPERATIONS THAT USE PETROLEUM BASED DRILLING FLUIDS; AND FOR ALL OTHER PURPOSES. WHEREAS, Arkansas Department of Environmental Quality regulates solid waste disposal facilities pursuant to Arkansas Solid Waste Management Act ("Act') and the Arkansas Pollution Control and Ecology Commission Regulation No. 22; WHEREAS, ACA § 8 -6 -209, as amended, provides that municipalities with a fully implemented comprehensive area -wide zoning plan with corresponding laws or ordinances which cover the entire municipality may adopt standards for the location, design, construction, and maintenance of solid waste disposal facilities more restrictive than those adopted by, under, or pursuant to the Act or any and all applicable laws, rules, regulations, or orders than those adopted by State law or incorporated by reference from Federal law, the Arkansas Pollution control and Ecology Commission under the provisions of the Act, or the Regional Solid Waste Management Boards or Districts; WHEREAS, Jacksonville has a fully implemented comprehensive area -wide zoning plan, together with corresponding laws and ordinances, which cover the entire municipality; WHEREAS, Jacksonville has the authority, pursuant to the Act, to enact an Ordinance and adopt standards for the location, design, construction, and maintenance of solid waste disposal facilities within the City that are more restrictive than those adopted by, under, or pursuant to the Act or any and all applicable laws, rules, regulations, or orders than those adopted by State law or incorporated by reference from Federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of the Act, or the Regional Solid Waste Management Boards or Districts; WHEREAS, drill cuttings originating from drilling operations that use petroleum based drilling fluids, or "drilling shale ", emit a strong diesel odor that is offensive and detrimental to persons residing, working, or visiting in the vicinity of a disposal facility that accepts drilling shale disposal at the facility; and, WHEREAS, in order to protect and preserve the quality of life in Jacksonville and well being of its citizens, it is necessary for the City to regulate the disposal of drilling shale in disposal facilities within the city limits of Jacksonville. _. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT :: SECTION ONE: Jacksonville Municipal Code § 8.30.010 is hereby created and shall include the following: JMC§ 8.30.010 Prohibition of Drilling Shale Waste "No person shall dispose of, in any manner whatsoever, drill cuttings originating from drilling operations that use petroleum based drilling fluids ("drilling shale ") in a disposal facility within one (1) mile of an occupiable structure, including, but not limited to, a residence; dwelling; single dwelling unit; multi - dwelling unit; public building; public housing; rooming unit; 0400;49 ORDINANCE NO. 1372 (#15 — 09) PAGE TWO apartment; school; church; commercial, industrial, or institutional establishment; business establishment; condominium; townhouse; or restaurant." SECTION TWO; Jacksonville Municipal Code § 8.30.020 is hereby created and shall include the following: JMC §8.30.020 Enforcement and Penalties Any business, corporation, entity, firm, individual, person, and /or combination thereof who violates the terms of Section One herein shall be charged with such a violation by the Jacksonville Code Enforcement Office through citation and /or affidavit and adjudicated by the Jacksonville District Court. If said business, corporation, entity, firm, individual, person, and /or combination thereof is found and /or enters a plea of guilty to a violation of the terms of Section One of this Ordinance, said business, corporation, entity, firm, individual, person, and /or combination thereof shall be guilty of a violation and will be subject to a fine of a minimum of One Hundred Dollars ($100.00) and a maximum of One Thousand Dollars ($1,000.00) for each such violation. Adjudication of subsequent offense(s) occurring within one (1) year shall be fined no less than One Thousand Dollars ($1,000.00) and no more than Five Thousand Dollars ($5,000.00) for each such violation. In all adjudications, applicable court costs shall apply. Each day a violation Is a //owed to occur /exist shall constitute a separate violatlon(s) and shall subject the responsible party(ies) to additional charge(s), fine(s), and /or cost(s). SECTION THREE: In the event any section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this Ordinance, as if such invalid or unconstitutional provision was not originally a part of this Ordinance. SECTION FOUR: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION FIVE: This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS 21 DAY OF MAY, 2009. CITY OF JACKSONVILLE, ARKANSAS TOMMY W I , MAYOR ATTEST: aAVITT C ' CLERK AA • • - :. Es -. : ROB V T E. 7 OATTOR Y � �