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 � �