20106I ORDINANCE NO. 20,106
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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.
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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:
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Ordinance
To Regulate the Disposal of Drill Cuttings Originating
From Drilling Operations that use Oil Based Drilling Fluids
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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
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