HomeMy WebLinkAboutOrdinance 22-1986 .. . , , .
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�RDINANC� N�. 22-86
AN dRDINANCE FSTABLISHIAIG R�QUIRFA�IFNTS FOR TFIF PROTECTION ANU PRES�RVATION
Of TH� BIG SIUUX AQl1I��R WITHIN THE JOINT JURISDTCTIONAL TffR�F-MILF AR�A.
ART. IV. AGRICULT[1RAL, R�SIDF11rfIAL, �LOUD PLAIN AND AQl1IFFR DISTRICTS
Section 404. AQ[IIF�R DISTRICT.
The purpose or this ordinance is to preserve the water quality of the Big
Sioux Aquifer within the Three-Mile Joint Jurisdictional Area, protecting the
development and use of land in a manner that will positively affect the quality
of water within the areas designated Aquifer Secondary Impact Areas, and preventing
any use that would .affect the water quality within the Aquifer Critical Impact
Areas associated with the public wells that supply the City of Brookings.
These Aquifer Critical Impact Zones, as designated on the Aquifer Protection
Map prepared for the City of Brookings with effective date � �� �--��� > ", ��,�-�,
require that development be limited to agriculture, horticulture, parks, greenways,
or publicly owned recreational areas; and that feedlots, storage facilities for
solid or liquid chemicals or wastes be excluded as potentially harmful to the
water supply.
The Aquifer Secondary Impact Zones, as designated on the Aquifer Protection
Map, require adherence to the principles set forth in this ordinance to protect
the water resources of individuals, business and industry within the Joint Juris-
dictional Area. �
.1 DEFINITIONS.
a) Action. Any application for a permit under this Ordinance or any develop-
ment or use encompassed within the jurisdiction of this ordinance.
� b) Aquifer. A geologic formation, group of formations or part of a formation
capable of yielding, storing, or transmitting a significant amount
of groundwater to wells or springs for domestic or animal use.
c) Big Sioux Aquifer. An unconfined, shallow groundwater system connected
to the Big Sioux River, its tributaries, and many lakes. It lies in
South Dakota's eastern border counties.
d) Aquifer Critical Impact Zone. That portion of the Big Sioux Aquifer
which includes the city public water supply and other areas serving
as public water supply. This area includes land surrounding the well
fields and land upgradient from the well field in the established direc-
tion of ground and surface water flow.
Individual wells, meeting water quality parameters and petitioning
for aquifer critical impact status shall be protected as Aquifer Critical
Impact Zones.
e) Aquifer Secondary Impact Zone. The remainder of the Big Sioux Aquifer
between the Aquifer Critical Impact Zone and the Aquifer boundary within
the Joint Jurisdictional Area.
f) Development. The carrying out of any construction, reconstruction,
alteration of surface, structure, change of land use or intensity of
use, and including but not limited to the deposit of refuse, solid
or liquid waste, any mining or drilling operation or work relating
to the creation of a road, street, or parking area.
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g) Adverse Effects. A land use which produces or many potentially produce
deterioration in water quality in the Big Sioux Aquifer which presently
exceeds the Federal primary drinking water standards.
h) Septic Tanks and Drain Fields. In accordance with the State Water
and Natural Resource Management the NODAK system is adopted as the
Three-Mile Joint Jurisdictional Area system of preference.
i ) Hazardous Materials. A material which is defined in one or more of
the following categories:
(1 ) Ignitable: A gas, liquid or solid which may cause fires through
friction, absorption of moisture, or which has low flash points.
Examples: White phosphorous, gasoline.
(2) Carcinogenic: A gas, liquid or solid which is normally considered
- to be cancer causing or mutagenic. Examples: Materials containing
P.C.6's, Polychloryl-biphenyl (waste oils. )
(3) Explosive: A reactive gas, liquid or solid which will vigorously
and energetically react uncontrollably if exposed to heat, shock, �
pressure or combinations thereof. Examples: Dynamite, organic
peroxides, ammonium nitrate, etc.
(4) Highly Toxic: A material (gas, liquid, or solid) so dangerous
to man as to afford an unusual hazard to life. Examples: Parathion,
chlorine gas.
(5) Moderately Toxic: A material (gas, liquid or solid) which through
repeated exposure or in a single large dose can be hazardous to
man. Example: Diazinon.
(6) Corrosive: Any material , whether acid or alkaline, which when
in contact with human tissue will cause severe damage to such tissue;
or in case of leakage will damage or destroy other containers of
hazardous materials and cause the release of their contents. Examples:
Battery acid and phosphoric acid.
j) Grey Water. Household water from tap, sink, bathtub, and shower.
Al1 water except toilet discharge water.
k) Contingency Plans. For floor, fire, or equipment f ailures; plans to
explain how one controls, recontains, recovers, and cleans up disasters;
recording movements of materials, leaks, and spills on site.
1 ) Primary Containment Vessel or Structure. The tank, pit, container,
pipe or vessel of first containment of a liquid or chemical .
m) Secondary Containment Facilities. A second tank, impermeable catchment
pit, pipe, or vessel that limits and contains the liquid or chemical
leaking or leaching from a primary containment area, providing a recovery
and monitoring feature.
n) Feedlot. A feedlot is defined as a parcel of land whereon there is
contained an operation of feeding or raising animals in excess of one
hundred (100) animal units per acre and in excess of five hundred (500)
animal units per parcel of land. Animal unit: One (1 ) animal unit �
is equivalent to one beef cow, steer, feeder or fat beef animal ; one
horse; 0.7 dairy cow; 1 .7 swine; 6.7 sheep; 33 hens, cockerels, capons,
broilers or ducks; and 10 geese or turkeys.
o) - Pasture. A field or area that provides continuous forage to animals
without depletion of forage matter.
p) Manure Storage Area. An area for the containment of animal manure
in excess of 2000 pounds or 1000 gallons and complying with the Soil
Conservation Service standard #425 Waste Storage Ponds.
q) Leaks and Spills. Any amount of leakage detected through the monitoring
of the Secondary containment area may require a record amount, attempts
to clean up and when necessary, reporting to City/County Officials.
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.2 USE PERMITS REQUIRED.
It shall be unlawful for any person to erect any permanent structure, including
the placement of mobile homes, or to engage in the development of land, whether
for residential purposes or otherwise, for any commercial , agricultural or indus-
trial pursuit, whether permanent or temporary, unless such person first obtains
a use permit as set forth in this ordinance.
.3 APPLICATION PROCEDURE.
All applications shall be made in the manner provided herein.
a) Critical Impact Zone shall be administered by both the City and County
Planning Commissions in a joint meeting. All use permits in this area
will be approved by the City and County Commission.
b) Al1 use permits in the zoned areas of the Secondary Impact Zone will
be granted by the City Engineer's Office.
c) Al1 use permits in the Agricultural zoned areas will be granted by
the County Zoning Officer.
d) All use permit applications in the Secondary Impact Zone shall contain
the following information.
(1 ) The applications shall include a description of the proposed
action, use or development, including information and technical
data, including complete blueprints, adequate to allow for
a careful assessment of the guidelines set forth.
(2) Where relevant, maps and other information shall be provided.
.4 ENUMERATION OF GUIDELINES.
In determining whether a permit should be granted, the City Engineer and/or
the County Zoning Officer shall apply the following guidelines to determine the
possible impact of the proposed action on the Aquifer Critical and/or Secondary
Impact Zones.
a) Guidelines for the Agriculturally zoned areas:
(1 ) Septic tanks and associated drain fields for containment of human
. or animal wastes must have approval of the State Department of
Water and Natural Resources. '
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(2) The storage or retention of any solid orliquid�hazardous materi�al�ir excess
of 1000 pounds and/or 500 gallons wh�ich has the potential to adver5�ly
.ffect the water quality of the-aqui-�er must have secondary contain-
�nent facilities which are easily inspected and whose purpose is
to intercept any leak or discharge from the primary containment .
vessel or structure. Underground tanks or buried pipes carrying
such materials must have double walls and inspectable sumps.
(3) No open liquid waste ponds containing materials referred to in
(2) above will be permitted without secondary containment system.
(4) Storage of petroleum products in quantities exceeding fifty-five
gallons at one locality in one tank or series of tanks must be
in elevated tanks and have containment systems where it is deemed
necessary. •
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(5) Livestock feeding o�ierations of more than 100 animal un�ts shal l�require separate
manure storage facilities that comply with the Soil Conservation •
standard #425 Waste S�orage Ponds.
(6) Owners of abandoned feedlots shall be responsible for the removal
of manure to an imperviously surfaced containment area or shall
dispose of contents according to Soil Conservation Service guide-
lines listed in the standards for Waste Management System (312).
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(7) A contingency plan must be presented for protection of the aquifer
should floods, fire, other natural catastrophes or equipment failure
occur:
For flood control , all underground facilities shall include a moni-
toring system and secondary standpipe above the 100 year flood
control level , for monitoring and recovery. For above ground faci-
lities, an impervious material dike, above the 100 year flood level
and capable of containing 110% of the largest volume of storage
will be provided with an overflow recovery catchment area (sump).
For fire control , all plans shall include both health and technical
hazards that may be encountered by disaster control personnel in
combating the fire, a fire retardant system, and a fire fighting
procedure. Technical hazards to be considered are electrical lines
. both overhead and buried, pipes, other buried objects, and other
hazardous liquids, chemicals, or open flames in the immediate vicinity.
For equipment failure, plans shall include:
• Below ground level , removal and replacement of leaking parts,
a leak detection system with monitoring, and an overfill protection
system.
• Above ground level , liquid and leaching monitoring of primary
containment systems, their replacement or repair, and cleanup
and/or repair of the impervious surface.
If other natural disasters are known, the owner shall report of
these incidents, either past or present, that involved this liquid
or chemical material in an endangerment of the health and/or safety
of either disaster personnel and/or the public in general .
The County Zoning office shall be informed of all spills in excess
of the amounts in this ordinance.
(8) Storage of liquid or dry fertilizer in amounts less than 2000 pounds
or 1000 gallons, stored indoors, is exempt from the requ�rements
of this ordinance.
(9) Users of field rotation sprinkler systems shall report their aquifer
drawdown within the Aquifer Critical Impact Zones.
. b) GuideTines for all zoned areas excluding Agricultural :
(1 ) Septic tanks and associated drain fields for containment of human
or animal wastes must have approval of the State Department of
Water and Natural Resources. �
(2) The storage and retention of any solid or liquid`hazardous material which
has the potential to adv.ersely effect the water q.uality of the
aquifer must have secondary containment facilities which are easily
inspected and whose purpose is to intercept any leak or discharge
from the primary containment vessel or structure. Underground
tanks or buried pipes carrying such materials must have double
walls and inspectable sumps. ,
(3) No open liquid waste ponds containing materials in (2) above will
be permitted.
(4) Storage of petroleum products in quantities exceeding fifty-five
gallons at one locality in one tank or series of tanks must meet
the requirements of (2) above.
(5) Discharge of Industrial Process water on site is prohibited without
City Engineer approval .
(6) Use or storage of road salt or other chemical deicers must be contained
as in (2) above.
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(7) Auto service, repair, junk and/or salvage yards-that is in excess
of eight (8) motor vehicles and including farm machinery shall
meet the Federal standards of handling and disposal of petroleum
products.
(8) A contingency plan must be presented for protection of the aquifer
should floods, fire, other natural catastrophes or equipment failure
occur:
For flood control , all underground facilities shall include a moni-
toring system and secondary standpipe above the 100 year flood
control level , for monitoring and recovery. For above ground facilities,
an impervious material dike, above the 100 year flood level and
capable of containing 110� of the largest volume of storage will
be provided with an overflow recovery catchment area (sump).
� For fire control , all plans shall include health and technical
hazards that may be encountered by disaster control personnel in
combating the fire, a fire retardant system, and a fire fighting
' procedure. Technical hazards to be considered are electrical lines
both overhead and buried, pipes, other buried objects, and other
hazardous liquids, chemicals, or open flames in the immediate
vicinity.
For equipment failure, plans shall include:
• Below ground level , removal and replacement of leaking parts,
leak detection system with monitoring, and an overfill protection.
• Above ground level , liquid and leaching monitoring of primary
containment systems, their replacement or repair, and cleanup
and/or repair of the impervious surface.
If other natural disasters are known, the owner shall report of
these incidents, either past or present, that involved this liquid
or chemical material in an endangerment of the health and/or safety
of either disaster personnel and/or the public in general .
The City Engineering office shall be informed of all spills an
excess of the amounts specified in this ordinance.
.5 GRANT OF PERMIT, ALTERATION OF USE.
A permit will be granted when the City Engineer's Office or the County Zoning
Officer has examined the application in light of the foregoing criteria and deter-
mined that the use, activity, or development as proposed would not adversely
effect the water quality of the Big Sioux Aquifer. ,
In granting a use permit, the owner/developer is responsible for any future
modification which may become necessary and the owner/developer must allow inspection'
of development by City and/or County personnel for the purpose of verifying that
the development does not violate the intent of this ordinance.
Whenver any person has obtained a permit and thereafter desires to alter
the use in any way from the authorized use, such person shall make application
for a new permit.
If the area for which the permit is sought is zoned agricultural , the owner
may appeal the decision to modify or deny a requested permit to the County Commission
In all other zoned areas, a similar appeal can be made to the City Commission.
.6 EXCEPTION.
Any lawful use which was in existance as of the effective date of this ordinance
shall be permitted to continue provided that it can be shown that such use does
not adversely effect the water quality of the Big Sioux Aquifer. Any further
development or change will require that a permit be obtained.
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Liquids and chemicals used in agricultural areas during the Spring/Fall planting
by their final users and in the cultivation and planting of crops are exempt from
the full measure of this ordinance from April 1 until October 1 in the secondary
impact zone.
Livestock feeding operation areas of less than 100 animal units are exempt
from November 1 to May 15 in the secondary impact zone.
Septic tanks in the flood plain, during the Spring flood period that use
a drain or evaporation system, may release grey water into existing ditches, provided
they inform the Dept. of Water & Natural Resources and the City. Engineer and/or
the County Zoning Officer. � " ' � '
.7 ENFORCEMENT.
- It shall be the duty of the City and County Zoning Officer to enforce the
provisions of this ordinance and to see that its requirements and restrictions
are duly complied with. They shall adopt such reasonable procedures that within the
scope of this ordinance shall facilitate the handling of all matters and questions
arising hereunder, and may refer to the Health Officer, the Building Inspector,
City Engineer and/or Fire Chief any matters that comes under their jurisdiction.
Nothing in this ordinance shall be construed to imply that the City and/or
County, by issuing a use permit, have accepted any liability which the owner/developer
has concerning any development which the owner/developer may undertake and which
subsequently creates adverse effects within the aquifer.
.8 UNDERLYING ZONES.
The underlying zoning restrictions of each zone apply as well as the res-
trictions set forth by this ordinance. '
.9 PENALTY.
For each and every violation of the provision of this ordinance, the owner,
- contractor or other individuals required to get a permit shall be fined in accordance
with Section 910 or Ordinance No. 14-80, the Zoning Ordinance of the Joint Juris-
dictional Area surrounding the City of Brookings, South Dakota, adopted in 1980.
.10 SAVING CLAUSE.
Nothing in this ordinance shall be construed to imply that the City and County,
by issuing a use permit, have accepted any liability which the owner has concerning
any development which the owner may undertake and which subsequently creates adverse
effects within the Aquifer.
Should any section or provision of this ordinance be declared invalid, such
decision shall not effect the validity of the ordinance as a whole or any part
thereof.
II
That any and all ordinances in conflict herewith are hereby repealed.
FIRST READING: October 28, 1986
SECONO READING• November 10, 1986
PASSED AND OVED: November 10 , 1986
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