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ORANGE COUNTY F -.ANNRYG DEFARIIA=4 NT <br /> NOR= ; :ROLIVA <br /> 27278 <br /> s_ <br /> April 19, 1985 - <br /> Pat Davis <br /> Orange Dater and Sewer Authority <br /> P. 0. Fox• 366 <br /> Carrboro,. W. C. 27510 <br /> Dear Pat: <br /> This letter refers 'to the status,' under - the Orange <br /> County Zoning Ordinance, of OWASA's proposed application of <br /> treated municipal sewage Sludge to properties- under OWASA's <br /> control which are located in Bingham Township and zoned for <br /> agricultural and residential uses, specifically known as the <br /> Durham. Heirs and Headwat °s tracts. Previously this <br /> operation has been conducted by OW SA under agree-merit with <br /> owners of private farm lands and was considered to be exempt <br /> from zoning regulation as an activity adjunct to bona fide <br /> farming operations. <br /> At issue presently is whether the conduct of these operations <br /> on OWASA-owned property is subject to zoning regulation as a <br /> sewage disposal activity. In reviewing litigation addressing <br /> this issue, the case of Gruaft Coll'"'Ity c i i 1 inoo g zr go; <br /> 'Enrichment Hakerla a QQ pora +ign. S'' 7cb) 292 N E 2d 755 <br /> provides guidance on this matter. In this case, the higher <br /> court reasoned that. if SENCO was dumping or snoring versus <br /> spreading sludge as fertilizer that there is no question as <br /> to the agricultural purpose of the latterr although the <br /> organization may have several objectives which may or may not <br /> be related to an agricultural purpose. <br /> Further, TJCOG's 1981 publication •"Sludge and Septage <br /> in Region J: Generation, Disposal and Options for Reuse: ", <br /> mentions that EPA is drafting regulations to address land <br /> apply cation, particularly sale or "gave away" programs for <br /> treated sludge. In the 1980 Pre-Proposal Draft Regulations, <br /> EP?! proposed to classify sludge. into two categories of use - <br /> fertilizer and soil conditioner - with three sub-classes - <br /> unrestricted,. restricted and governmental use - based on the <br /> toxic" composition of the sludge. According to the draft <br />