10OctoberPB - Special Meeting 01V• rig
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, MINUTES
'" - V COUNTY PLANNING BOARD
RANDOLPH
October 16, 1990
There was a special meeting of the Randolph County
Planning Board on Tuesday, October 16, 1990 , at 7:00 p.m. , in
the Commissioners Meeting Room, in the County Office
Building, 707 McDowell Road, Asheboro, North Carolina.
1. Chairman Lynden Craven called to Order the Randolph
County Planning Board meeting at 7:00 p.m.
2. Hal Johnson, Planning Director, called roll of the
members: Lynden Craven, Chairman, present; Bill
Dorsett, Vice Chairman, present; Charles Adams,
present; Aweilda Little, present; Doyle Stout,
present; Jim Routh, present; Phil Brower , present;
Arlie Culp, Alternate, present; Maxton McDowell,
Alternate, present (McDowell entered the meeting
late) .
Hal Johnson gave a summary of why the special meeting of
the Planning Board was called. Johnson explained that during
June 1990, the State enacted a new septage management program
which was designed to regulate and permit septage disposal
sites under a State controlled permit system. Septage is
defined as a fluid mixture of untreated and partially treated
sewage solids and liquids of human or domestic origin that
is pumped from septic tanks. Johnson said this new program
was an attempt by the State to regulate methods of disposal
of septage waste. Johnson described the problem of disposal
by saying there are more than 1.5 million septic tanks in
North Carolina and Randolph County currently has an estimated
.... 24,00Q septic tanks in operation.
Johnson briefed the .Board of the fact that prior to• June
1990 septage disposal was regulated by the County Health
Department. Septage was required to be dumped at municipal
sewer treatment plants. Johnson stated that in June 1990
(following the State enactment of a septage management
program) the County Board of Health repealed its local
management regulations and released septage management
control over to the State.
During July and August 1990, the State began reviewing
applications for septage disposal sites in Randolph County.
By September 1990, the State had issued 4 permits out of a
potential 7 individual sites totalling 44 acres and 2,120,000
gallons of septage application per year .
Johnson said citizens residing in the area of these
sites began contacting the County relative to their concerns
of these locations. Johnson stated that Randolph County has
found that adjoining property owners often times know more
about the specific area concerning potential problems, etc.
than the County. He explained that during the issuance of
these septage land application permits, the State does not
have a public hearing process to allow for citizens ' input.
Johnson added that most citizens in Randolph County have
become accustomed to the public hearing process concerning
land changes in their community. Among the concerns
expressed by the public were the following:
1 . Lack of public knowledge and understanding of the
State Program.
�-- 2. Lack of notification of adjoining land owners (and
October 16, 1990 Page 1
local government officials) when a site was being
considered.
3. The current State system does not provide for any
public input or comment.
4. A general concern for environment and health
issues.
In response to these citizen concerns, the Board of
Commissioners held a special Septage Site Management Educa-
tional Meeting on October 1 , 1990. The Commissioners invited
State officials to review (with the Commissioners and the
public) the purpose and details of Septage Management Land
Application sites.
Johnson described the concern the Commissioners had
because of no local control or input into the State' s manage-
ment program. Johnson stated the Commissioners asked the
State to self-impose a 40 day moratorium on the issuance of
additional Septage Land Application Permits in Randolph
County. He re-emphasized the fact the State has already
issued 4 permits. Johnson stated that he was asked (by the
Commissioners) to develop controls through the Special Use
Permit zoning process to provide for local input and notifi-
cation of adjoining property owners prior to . Septage Land
Application Sites being approved by the State. The Commis-
sioners also asked the Environmental Health Supervisor to
begin a detailed study of the Countywide septage disposal
problem; with emphasis on requiring septage treatment at
municipal treatment plants and increased controls and
requirements at the County Public Health level.
Johnson gave a brief review of the Special Use Permit
Zoning process. Special Use Permits are granted by the
Randolph County Planning Board after review at Public
Hearing. Special Use Permits are designed to add flexibility
to the Zoning Ordinance by means of controls exercised
through the Special Use Permit, property uses which otherwise
might be undesirable can be developed to minimize bad effects
they might have on surrounding properties. Johnson added
that no appeal may be taken from the action of the Planning
Board in granting or denying a Special Use Permit except
through the Randolph County Superior Court.
The following is a summary of the amendments proposed by
Johnson to the Planning Board for recommendation to the Board
of Commissioners:
Prior to an individual being eligible to apply for
a State issued Septage Land Application Site
permit, they must first obtain a Special Use Permit
from Randolph County. The County process involves
notification of adjoining property owners and a
Public Hearing before the County Planning & Zoning
Board.
The proposed regulations requires that the
applicant comply with all State and local Health
Department regulations concerning Septage
Management. However, it (these regulations)
exceeds the minimum State requirements in several
critical areas:
1. No Septage Land Application Site shall be
permitted within those areas designated as the
Watershed Protection jurisdiction of Randolph
County: Lake Reese, Lake Lucas, Bunch Lakes,
Randleman Lake, Polecat Creek, and Sandy
Creek .
2. No Septage disposal site shall be located less
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than 1000 feet from any private residence,
place of business, or place of public
October 16, 1990 Page 2
assembly, under separate ownership, nor shall
a• site be located less than 1000 feet from
any potable water supply well or 200 feet from
other well types.
Johnson stated that this Special Use requirement
would double the State regulations concerning these
type of setbacks.
3. No site shall be located less than 500 feet
from any Randolph County surface water stream
regardless of stream classification.
Johnson explained that the State requirement is 50
to 300 feet from a stream depending upon classifi-
cation. Johnson stated that County feels all
streams have a major impact on water supplies in
Randolph County. This requirement would extend the
State's maximum 300 feet regulation to 500 feet.
4 . Only the individual issued a Special Use
Permit may utilize site for land septage
application and septage must be only that
obtained from Randolph County.
Johnson stated that the individual with the permit
would not be allowed to let other pumpers dispose
of septage on the permitted site. Johnson added
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that this is important in a control method because
it requires the individual to be responsible for
what is applied on the site.
5. In addition to scaled drawings, etc. , the
County Planning Board may require any additio-
nal plans or information as it may deem
necessary to judge the probable effect of the
proposed site on neighboring properties and to
safeguard the intent of the County land use
plan for promoting the health, safety, and
welfare.
Johnson stated that area citizens often know more
about the area than anyone else and this
requirement would allow the Planning Board to
require additional information before a decision is
made.
6. The Randolph County Health Department shall be
responsible for conducting regular inspections
of approved Septage sites to insure compliance
with local and State regulations.
Johnson stated that this would allow for a
controlled monitoring system to insure compliance
with both local and State regulations. Johnson
added because of Randolph County having in excess
of 24,000 septic tank systems we must have a
program to insure proper disposal of waste.
Johnson explained to the Board that a contractor would
have two options available to them if this amendment was
made to the Zoning Ordinance. Johnson gave a brief summary
of these options:
1. Land Application Option : In the event the
Septage Contractor desires to utilize Land
Application as an option he must first obtain '
a Special Use Permit from the Randolph County
Planning & Zoning Board. This will subject
his proposed site to County Zoning Standards
as it relates to County land use planning/
County development Plan and also provide for
input from area property owners by conducting
a public hearing.
October 16, 1990 Page 3
After obtaining a Zoning approval by Randolph
County the Contractor would then be in the
position to make application to the State for
required Permits and compliance with
additional State regulations.
2 . Municipal Waste Treatment Plant Disposal
OptJ n : The remaining option available to
the Septage Contractor is that of disposal of
septage at Municipal Waste Treatment
Facilities. The local Board of Health should
be asked to establish a Board of Health policy
for review and monitoring of Contractors
disposing at Waste Treatment Plants.
Septage Disposal by any method other than the two
approved Options would subject the Contractor to legal
penalties as can be described in Board of Health policies.
BOARD DISCUSSION :
Aweilda Little asked if there was date of expiration for
these permits issued? Johnson answered no as long as the
applicant and site remain in compliance with State and/or
local regulations.
Arlie Culp asked who requests the permit - the property owner
or the contractor? Johnson stated that the Contractor
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requests the Permit but must have land owners permission. Of
the 4 sites permitted only 1 permit was issued to the
property owner who was also a Contractor .
Culp asked how many sites would Randolph County need to
properly dispose of its generated waste? Johnson stated that
the local health department is currently working on a study
for this answer .
Jim Routh asked if the term (commercial) outside storage,
currently addressed in our ordinance, would be appropriate
for this type of operation? Johnson stated no because our
zoning ordinance has never addressed this issue. Prior to
State implementation of this management program the Local
Health Department regulated this program.
Bill Dorsett asked if the State required the applicant (of
the permit) to do anything to the land besides apply lime?
Johnson stated that the lime is supposed to help control
bacteria. Culp stated the applicant would be required to
plant grass, etc.
Culp asked what municipalities would accept this waste and
how much would they accept? Johnson answered Asheboro
accepts a limited amount, Liberty accepts a limited amount,
and High Point will accept an unlimited amount from the
Archdale/Trinity area. Johnson stated that it appears with
the issuance of these 4 permits and the municipalities the
County will have enough area to control the number of loads
this County generates.
Dorsett asked if this permit is for a specific period of
time? Johnson stated that the Permit is for as long as the
site is in compliance.
Lynden Craven stated there would be soil sampling done by
Raleigh and if the results came back that the site could no
longer accept the septage the permit would be revoked.
Culp asked if the Health Department gave up their regulations
(in June 1990) would they be willing to monitor these sites?
Johnson stated yes if the Board of Health sets regulations.
Phil Brower asked questions concerning the methods of
enforcement. Johnson said those methods would be set-up by
the Board of Health.
October 16, 1990 Page 4
Brower added that the Town of Liberty spray irrigates its
septage at present.
Charles Adams asked if thiswould help control sludge being
applied to property and damaging our streams? Johnson said
that sludge (from farms) is considered an agricultural use
and is not regulated .
Brower asked for a more specific definition of stream.
Brower added that distance is not as important as the defi-
nition of a stream.
Johnson stated that regulations have to be written general
sometimes to apply to all different kinds of situations.
Johnson added that the Health Department has sent out survey
forms to find out how much septage is taken to the
municipalities.
Brower asked if the County suspected illegal dumping and if
so how much. Stout asked Brower if he was asking if illegal
dumping occurred? Stout preceded to say yes and there
probably will always be septage dumped illegally.
Johnson stated that the public ' s main concern was to be
allowed to have input prior to the location of the site.
Johnson said that the County can not make an activity illegal
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that the State has determined legal. Johnson said that the
County can strengthen the regulations but could not make the
activity illegal .
Dorsett asked if the sites were being used yet? Johnson
answered he did not know.
Little asked where these sites are? Johnson said Spero Road,
Asheboro; off Hwy 42, Coleridge; Mitchfield Community; and
the Mechanic Community.
Brower stated that he felt enforcement would be the whole key
to this program with proper land management practices.
Dorsett said he felt there should be a minimum setback of 100
feet from any property lines. Johnson stated that he .would
added this is the Board agreed.
Charles Adams made the motion, seconded by Doyle Stout, to
recommend to the Commissioners that the proposed amendments
be approved with the addition of a minimum setback of 100
feet from any property line and a clarification of the
definition of stream. The motion passed unanimously.
(Copy of approved recommendations attached.)
This Planning Board meeting adjourned at 8:02 p.m.
NORTH CAROLINA
RANDOLPH COUNTY
4.
Planning Director ; r �;+ �^0?\
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Date Clef/Secretary
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