Loading...
20106I ORDINANCE NO. 20,106 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE S 28 -1 TO S 28 -32 4 (1988) TO ADD A NEW SECTION 28 -20a TO REGULATE THE DISPOSAL OF 5 DRILL CUTTINGS ORIGINATING FROM DRILLING OPERATIONS THAT USE OIL 6 BASED DRILLING FLUIDS; TO DECLARE AN EMERGENCY; AND FOR OTHER 7 PURPOSES. 8 9 WHEREAS, the Arkansas Department of Environmental Quality regulates solid waste disposal 10 facilities pursuant to the Arkansas Solid Waste Management Act ( "Act) and the Arkansas Pollution 11 Control and Ecology Commission Regulation No. 22; and 12 WHEREAS, the Act, Ark. Code Ann. § 8 -6 -209 (West 2004), as may be amended, provides that 13 unless a fully implemented comprehensive area -wide zoning plan, and corresponding laws or 14 ordinances, exists which cover the entire municipality, no municipality may adopt standards for the 15 location, design, construction and maintenance of solid waste disposal facilities that are more 16 restrictive than those adopted by, under, or pursuant to the Act or any and all applicable laws, rules, 17 regulations or orders than those adopted by state law or incorporated by reference from federal taw, 18 the Arkansas Pollution Control and Ecology Commission under the provisions of the Act, or the Regional 19 Solid Waste Management Boards or Districts; and 20 WHEREAS, the City of Little Rock has a fully implemented comprehensive area -wide zoning plan, 21 and corresponding ordinances, which cover the entire municipality; and 22 WHEREAS, the City therefore has the authority, pursuant to the Act, to pass an ordinance and 23 adopt standards for the location, design, construction and maintenance of solid waste disposal 24 facilities within the City that are more restrictive than those adopted by, under, or pursuant to the Act 25 or any and all applicable laws, rules, regulations or orders than those adopted by state law or 26 incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission 27 under the provisions of the Act, or the Regional Solid Waste Management Boards or Districts; and`' 28 WHEREAS, drill cuttings originating from drilling operations that use oil based drilling fluids, or 29 "drilling shale ", emit a strong diesel odor that is offensive and detrimental to persons residing, working 30 or visiting in the vicinity of a disposal facility that accepts drilling shale at the facility; and 31 WHEREAS, in order to protect and preserve the quality of life in the City and the well -being of its 32 citizens, it is necessary for the City to regulate the disposal of drilling shale in disposal facilities within 33 the City. 34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 35 ROCK, ARKANSAS: [PAGE 1 OF 2] Ordinance To Regulate the Disposal of Drill Cuttings Originating From Drilling Operations that use Oil Based Drilling Fluids 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 1. Little Rock, Ark., Rev. Code 5 28 -1 to 28 -32 is hereby amended to add the following Section 28 -20a: "No person shall dispose of, in any manner whatsoever, drill cuttings originating from drilling operations that use oil 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; apartment; school; church; commercial, industrial or institutional establishment; business establishment; condominium; townhouse; or restaurant." Section 2. Severability. 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 shalt not affect the remaining provisions of this ordinance, as if such invalid or unconstitutional provision was not originally a part of this ordinance. Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Section 4. Emergency. It is hereby found and declared that the odor emitted from the disposal of drilling shale at disposal facilities, even if the drilling shale is only used as fill in the disposal facility, within the City is offensive and detrimental to persons residing, working or visiting in the vicinity of the facility. Therefore, the regulation of drilling shale within the City is essential to protect the public health, safety and welfare, an emergency is declared to exist and this ordinance shall be in full force and effect from and after the date of this adoption. PASSED: May 5, 2009 ATTEST: Na cy Woo , City Clerk APPROVED AS TO LEGAL FORM: ,4, Thomas M. Carpenter, City torney Ordinance To Regulate the Disposal of Drill Cuttings Originating From Drilling Operations that use Oil Based Drilling Fluids PAGE 2 OF 2]