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Home My WebLink AboutOrdinance 17-1985 . . .-- , , i . - • � • - .. . ; . . � . -. , � . ORDINANCE N0. 17-85 AN ORDINANCE ESTABLISHING REQUIREMENTS FOR THE SAFE MANUFACTUFING, HANDLING, STORAGE AND SALE OF HAZARDOUS MATERIALS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKiNGS, SOUTH DAKOTA: ARTICLE IV - HAZARDOUS MATERIALS . Section 17-51. Purpose. The purpose of this Article is to protect, promote and enhance the welfare, safety, health and proper�y of the general puhlic and to protect and preserve the city' s sanitary sewers, storm sewers , sewage treatment plant , water distribution system, and the Big Sioux Aquifer and reduce costs associated with acciden- tal discharges by establishing requirements for the safe manufac- turing, handling, storage and sale of hazardous materials . Section 17-52 . Definitions . For the purpose of interpreting this ordinance, certain words, terms and expressions are herein defined. Words used in the present tense shall include the future. The singular number shall include the plural and the plural , the singular. The word "shall" is mandatory. , (a) Acci�ental Discharge : Any gas , liquid or solid material which leaks, spills , or escapes upon the ground or into the ground water, surface water or atmosphere. (b) Adverse Discharge: Any discharge which could damage private or public property or produce a change in the water quality of the Big Sioux Aquifer which would exceed the . . , , • - Federal Primary Drinking Water Standards. (c) Aquifer• A geologic formation, group of formations or part of a formation capable of yielding, storing, or transmitting a significant amount of ground water to wells or springs for domestic or animal use. (d) Aquifer Critical Impact Zone : That portion of the Big Sioux Acquifer which includes the city public water supply and other areas serving as public water supplies . The area includes land surrounding the well fields and land , upgradient from the well field in the established direction of round and surface water flow as g , shown on the Big Sioux Aquifer Map 1984, on file with the City Health Department . (e) Aquifer Secondary Impact Zone: The remainder of the Big Sioux Aquifer which is not located within the Aquifer Critical Impact Zone . ( f) The Big Sioux Aquifer : An unconfined, shallow groundtiaater system con- nected to the Big Sioux River, its tributaries, and area lakes . (g) Feed Lot • A confined area for the feeding of domestic farm animals . � . • � � , . . ,. (h) Hazardous Materials : A material which is defined in one or more of the following categories, and which a quan- tify of more than fifty ( 50) gallons of ' liquid or twenty- five (25) pounds of solid material is manufactured, handled stored or � sold within the premises . ' ( 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 con- sidered to be cancer causing or mutagenic. Examples : Materials containing P.C.B. ' 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 com- binations thereof. Examples : Dynamite, organix • 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 i • damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: Battery acid and phosphoric acid. Section 17-53 . Contingency Plan Required. � A contingency plan for cleaning up and containing an accidental discharge shall be required for any industry, business or indivi- dual, which manufactures, handles, stores or sells hazardous materials as defined in this ordinance. The contingency plan must be submitted to the City Health Department and provide the following: (1) A list of the scientific names and quantity of the hazardous materials normally located within the premi- ses. The list shall be updated annually or in each case where maximum inventory quantities change by more than twenty-five (25�) percent or other additional hazardous materials are added to inventory. (2) A building and lot layout drawn to scale showing the location of the hazardous materials. � (3) The written contingency plan must describe the proce- dure to be utilized in the event of an accidental discharge. • � . , - , • , . • - . . ' • (a) Such plan must include methods to be used for con- tainment of an accidental discharge upon the premi- ses; (b) Location and availability of equipment or supplies necessary to contain and clean up the accidental discharge and protect the city uti- lities located upon the premises , including an evacuation plan for any individuals within the � remises• P , (c) The name of the representative to be contacted in the event of an emergency; (d) Proof of insurance coverage for damages and clean up of an accidental discharge must be submitted to the City Health Department as part of the contingency plan. A suitable sign shall be displaced upon the building designating the type of hazardous materials contained therein. Section 17-54. Prohibited. ( 1) The manufacturing, handling, storage or sale of hazar- dous materials is prohibited within the Aquifer Critical Impact Zone. ( 2) A new industry, business or individual manufacturing, handling, storing or selling hazardous materials shall not be located within Five Hundred (500 ' ) Feet of residential structures , schools or hospitals . Section 17-55. Reporting of Discharge. It sliall be the duty of any person having knowledge of a i . � . , • , - . � , II; ••. ' .. , . . • � . � ' " . . . � discharge of hazardous material to immediately report the discharge to the City Health Department. Section 17-56. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the City Health ' officer or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises , any condition which is prohibited under this article , the City Health Officer or his authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the City Health Officer by this article; providing that if such building or premises be occupied, he or she shall first present proper credentials and demand entry; and if such building or premi- ses be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the City Health Officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand made as herein provided, to properly permit entry therein by the City Health Officer or his authorized repre- sentative for the purpose of inspection and examination pur- suant to this article. . � , , . - . � , � , � . • . - ' , , • . , . � • - . . � f , . . Section 17-57 . Conflict . In the event of any conflict between the provisions of this Ordinance and State and Federal Law, State and Federal Law shall prevail . Section 17-58 . Appeals . Decisions of the City Health Department in enforcement of this Ordinance may be appealed to the City Commission, which may grant a variance upon an application which demonstrates that an equivalent degree of environmental protection will be achieved under alternatives submitted by said applicant . Section 17-59 . Penalty, Failure to Comply. Failure of any individual or business to comply with the provisions of this Ordinance shall be a violation and shall sub- ject the violator to a fine not exceeding $100. 00. Each day in violation of the Ordinance shall constitute a separate offense. FIRST READING: August 13, 1985 SECOND READING: August 27, 1985 PASSED AND APPROVED: August 27 , 1985 CITY OF BROOKINGS (SEAL) �.�c✓' a �� - T1ay' or ATTEST: ' ' / � City ce ic