§ 14-96. Finding of fact; purpose.

(a)

The board of supervisors, pursuant to its authority under law, determines that an ordinance prohibiting the application of sewage sludge without a license to land in the county constitutes "filth" for the purposes of A.R.S. § 11-268 and article III of this chapter, and licensure of land applied sewage sludge is required to protect the public health, welfare and safety of the residents of the county from filth under article III of this chapter, and finds:

(1)

That the United States Environmental Agency, Paul Gilman, Assistant Administrator, by letter dated October 31, 2002, to the regional administrators of EPA and all states, said letter on file with the clerk of the board of supervisors, offered the following guidance on page 2 to local governments:

"WE BELIEVE THAT PURSUANT TO PART 503, IT IS A MATTER OF LOCAL GOVERNMENT CHOICE WHETHER THEIR BIOSOLIDS ARE LAND APPLIED, LANDFILLED, OR INCINERATED AND THAT THE REPORT DOES NOT AFFECT THE VIABILITY OF ANY OF THESE OPTIONS."

(2)

That under the Federal Clean Water Act, local jurisdictions may enact regulations as necessary to protect public health, safety and welfare and in response to recommendations made by the National Research Council of the National Academy of Sciences which were based on concerns that further scientific research be conducted on the health effects of biosolids applied to land, the United States Environmental Agency, in Federal Register/Vol. 68, No. 68/Wednesday, April 9, 2003, gave notice of its intent to take comments regarding the use and disposal of sewage sludge in Docket ID No. OW-2003-0006, with July 8, 2003, as the deadline for comments, with a final action plan contemplated for review in January 2004. The purpose of the notice was to have the EPA review the existing sewage sludge regulations for the purpose of identifying toxic pollutants in sewage sludge and promulgating regulations for such pollutants.

(3)

That county has authority pursuant to law to enact ordinances to protect the health, welfare and safety of the people within the jurisdiction of the board of supervisors of the county, and the board of supervisors finds that there is substantial evidence that an ordinance prohibiting the application of sludge to land without a license from the county constitutes filth under article III of this chapter and an ordinance defining land applied sewage sludge without a license as filth under article III of this chapter is warranted because of peril to the public health, welfare and safety.

(b)

A.R.S. § 11-251.31 authorizes counties to make and enforce all local, police, sanitary and other regulations not in conflict with general law; and A.R.S. § 11-251.17 authorizes counties to adopt provisions necessary to preserve the health of the county; and A.R.S. § 11-251.30 authorizes counties to do and perform all other acts and things necessary to the full discharge of its duties as the legislative authority of the county government; and A.R.S. § 11-251.05 authorizes counties to enact ordinances necessary or proper to carry out the duties, responsibilities and functions of the county which are not otherwise specifically limited by A.R.S. § 11-251 or any other law or in conflict with any rule or law of this state; and A.R.S. § 11-268 and article III of this chapter expressly authorizes the county to compel the owners, lessees, or occupants of grounds located in the unincorporated areas of the county to remove filth which constitutes a hazard to public health and safety from grounds under their control.

(c)

For the purpose of supplementing and augmenting article III of this chapter as applied to filth, and in order to protect the health, safety and welfare of the residents of the county, the soil, groundwater, and surface water, the environment and its flora and fauna from filth, it is necessary to define unlicensed land application of sewage sludge as filth and require the licensing and permitting of each sewage sludge application and the land applicant operating in the county and, to the extent practicable, to test the sewage sludge to be applied within the unincorporated areas of the county to determine if pathogens and vector abatement standards are receiving compliance in order to determine whether the land application of sewage sludge constitutes filth under the provisions of article III of this chapter.

(d)

Publication of notice of public hearing on adopting this article was published on July 16, 2003, in accordance with A.R.S. § 11-251.05(C).

(e)

Public hearing was held this 4th day of August 2003.

(f)

The local legislative and governing authority of the county, to wit, the county board of supervisors, and pursuant to public hearing, is desirous of executing its local legislative authority in adopting the ordinance from which this article is derived.

(Res. No. 2003-238, 8-4-2003)