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HomeMy Public PortalAboutOrdinances-1986-140 Ordinance No. 1986-140 page 1 ORDINANCE NO. 1985-140 AN ORDINANCE PROVIDING FOR THE REGULATION OF A DEEP WELL SITE WITHIN THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA, BY REGULATING THE USE OF SURROUNDING 200 FEET OF LAND TO PROTECT THE PUBLIC HEALTH, SAFETY, COMFORT AND GENERAL WELFARE OF THE RESIDENTS OF THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA WHEREAS, a deep well site has received preliminary approval from the Department of Natural Resources of the State of Iowa for a public water system in the City of Tiffin, Johnson County, Iowa on the premises described as: Lots 1 and 2, Block 3, Original Town, Tiffin, Iowa WHEREAS, it is required that the City of Tiffin, Iowa, the owner of the proposed well, submit proof of the legal control of contiguous land that ensures the separation distances of 200 feet or less will be maintained for the life of the well. Said regulation further provides that the City of Tiffin shall submit proof that no potential sources of contamination will be constructed or permitted within a 200 feet or less radius of the well for the life of the well, all as hereinafter set out. BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: SECTION I. Purpose. The purpose of this ordinance is to provide for the regulation of a deep well site within the City of Tiffin, Iowa. SECTION II. Water District Created. For the purpose of carrying out the provisions of this ordinance, the following described area shall be designated as the Tiffin Water System District: All that land lying within the boundary of a circle of 200 foot radius, the center of which is the existing well No. 3, located 70 feet north and- 10 feet east of the southwest corner of Lot No. 1, Block 3, Original Town, Tiffin, Iowa No building or premises shall be erected except in conformity with the regulations prescribed herein for the district in which it is located. SECTION III. Prohibited Uses: The following uses within designated distances of the location of the well site shall be deemed to constitute a nuisance and shall not be permitted in the Tiffin Water System District: Ordinance No. 1986-140 page 2 1. Well house floor drains - 5 ft. 2. Water treatment plant wastes - 50 ft. 3. Sanitary and industrial discharge - 400 ft. 4a. Floor drains from pump house to surface - none within 5 ft. 1. 5 - 10 ft water main materials enclosed in concrete permitted 2. 10 - 25 ft. must be water main material 3. 25 - 75 ft. must be watertight sewer pipe 4b. Floor drains to sewers, water plant wastes, storm or sanitary sewers or drains 1. None permitted within 25 ft. 2. If closer than 75 ft. must be water main material 3. If between 75 - 200 ft. must be watertight sewer pipe 4c. Sewer force mains 1. None permitted within 75 ft. 2. If within 200 ft. must be water main materials 5. Land application of solid waste - 100 ft. 6. Irrigation of waste water - 100 ft. 7. Concrete vaults and septic tanks - 100 ft. 8. Mechanical wastewater treatment plants - 200 ft. 9. Cesspools and earth pit privies - 200 ft. 10. Soil absorption fields - 200 ft. 11. Lagoons - 400 ft. 12. Chemical application to ground surface - 100 ft; above ground storage - 100 ft; -on or under ground storage - 200 ft. 13. Animal pasturage - 50 ft. 14. Animal enclosure - 100 ft. 15. Animal wastes 1. Land application of solids - 100 ft. 2. Land application of liquid or slurry - 100 ft. 3. Storage tanks - 100 ft. 4. Solids stockpile - 200 ft. 5. Storage basin or lagoon - 400 ft. 16. Earthen silage storage trench or pit - 100 ft. 17. Basements, pits, sumps - 10 ft. 18. Flowing streams or other surface water bodies - 50 ft. 19. Cisterns - 50 ft. 20. Cemeteries - 200 ft. 21. Solid waste disposal sites - 1000 ft. 22. Private wells - 200 ft. Ordinance No. 1986-140 page 3 SECTION IV. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $100.00 (one hundred dollars) or imprisonment not exceeding thirty (30) days. Each day any of the above described nuisances exists constitutes a distinct and separate violation of this ordinance. SECTION VI. Repealer. All ordinances, or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VII. Severability. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. Effective Date. This ordinance shall be in effect after its final passage, approval and posting as provided by law. Councilman Stoner introduced the foregoing ordinance which was then duly read and considered by the Council. Its adoption was moved by Councilman Morgan and seconded by Councilman _ Runge On roll call vote Councilman Flans-burg, II-Organ, Runge, Stratton, Stoner voted "Aye". voted "Nay". Mayor declared motion carried. Councilman .Stratton then moved that the rule or law requiring three readings of this ordinance on three different dates be dispensed with. Seconded by Councilman Runge . On roll call vote Councilman Flansburg, Morgan, Runge, Stratton, Stoner voted "Aye. " Councilman voted "Nay". Councilman Flansburg then moved for final adoption of this ordinance, seconded by Councilman Runge . On roll call vote Counci irnan Flansburg, Morgan, Rurige, EETTZT oner voted "Aye. " Councilman voted "Nay. " The Mayor then declared Ordinance No. 1985-140 duly passed and adopted on this 8th day of October, 1986 Glenn R. 'Potter, Mayor Adelia S. Kern, Cl i-k-Treasurer + Y + y ; ,f %. Ordinance No. 1986-140 page 4 The foregoing ordinance entitled AN ORDINANCE PROVIDING FOR THE REGULATION OF A DEEP''WELL WITHIN THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA, BY REGULATING THE USE OF SURROUNDING 200 FEET OF LAND TO PROTECT THE PUBLIC HEALTH, SAFETY, COMFORT AND GENERAL WELFARE OF THE RESIDENTS OF THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA IOWA was published on the day of October, 1986 by posting copies thereof in three public places within the limits, two of which are the mayor's office and the post office. CLILH12. -fe-P---CK) Adelia S. Kern, Clerk-Treasurer I, Adelia S. Kern, City Clerk of Tiffin, Iowa, do hereby certify that the above is-a true and correct copy of Ordinance No. 1985-140 passed by the City Council of Tiffin, Iowa, at a regular meeting held on the 8th day of October, 1986, as the same appears on file in my office. Dated this 8th day of October, 1986. Adelia S. Kern, Clerk-Treasurer •