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Pat Davis <br /> Apri"L 19r 19'85 <br /> Page 2 oil <br /> regulations, OwASA's sludge would be given the highest <br /> classifica�ion of "fertilizer z8r' unrestricted use". <br /> In the case of OWASA, the proposed use of OTMSA-owned <br /> property for the application of municipal sewage sludge is to <br /> be conducted at agronomic application rates in like manner as <br /> the use of private farmlands for this purpose. It must also <br /> be noted that the exercise of police power through zoning <br /> regulations involves the regulation of the use of .properties, <br /> not ownership of the same. The proposed use of OXASA-owned <br /> property is essentially the same as the current use of <br /> private lands for the "Land application of municipal sewage <br /> sludge. <br /> Based on the above comments and the exemption of <br /> "bonafide farms" contained . in. . TA <br /> the zoning enabling <br /> legislation, it is my opinion that OSA's proposed <br /> application of municipal sewage sludge at agronomic rates to <br /> properties used for the production of a cover crop known as <br /> . . Tifton 44 would be exempt from Zoning .Regulations as a <br /> bonafide farm if the following conditions exist: <br /> 1. A lease agreement or contracturai agreement must <br /> . exist between O EASA and the farm. operation. <br /> 2• The farm's operation on G ASA--owned Land must be a <br /> extension of a bonafide far: "Located and in <br /> operation on another tract. <br /> If OXASA chooses to grow a crop--of its own accord and <br /> then sell that crop as an agricultural product, or if OWASA <br /> increases sludge applications above agronomic rates to the <br /> point that the site becomes a disposal site for sludger a <br /> separate determination will have to be made regarding OWASA's <br /> subjection to Orange County Zoning regulations. <br /> I ate requesting" that, in order to maintain current and <br /> complete ,files on ONWA's land application operation, copies <br /> d <br /> of the ates, amounts and method of sludge application and <br /> the results of the chemical analysis of each sludge batch as <br /> wail as monitoring well tests be forwarded to Orange County <br /> on a routine and timely basis. in addition, I would like to <br /> receive notification of the source, nature and resolution of <br /> any complaints received by 011%SA and/or filed with the ` . <br /> Division of Environmental Management or Orange County Health <br /> Department'. Finally. I would like copies of all lease/- <br />