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Home My Public Portal AboutOrdinances-2003-262 - • ORDINANCE No. 2003-262 AN ORDINANCE PROVIDING FOR THE REGULATION OF A DEEP WELL SITE CONTROLLED BY 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 WHEREAS, a deep well site has received preliminary approval from the Department of Natural Resources of the State of Iowa for public well system located within the City of Tiffin, Johnson County, Iowa on the premises described as: Parcel located within the SW % of the SW /of Section 27-80N-7W, City.of Tiffin, Johnson County, Iowa. WHEREAS,it is required that the City of Tiffin,-Iowa,who has legal control of the proposed public well site,submit proof of regulatory control of any-contiguous land necessary to ensure separation distances of no less than 200 feet will be maintained for the life of the well:Said regulatory control shall further provide the City of Tiffin with proof that no potential sources of contamination will be constructed or permitted within a 200 foot radius of the well,for the life of the well,all as hereinafter set out; ' NOW THEREFORE,BE IT ENACTED by the City.of Tiffin, Iowa: SECTION I. Water System District For the purposes of carrying out the provisions of this Ordinance, all property located within the corporate boundaries of the City of Tiffin, together with any extraterritorial well site, conveyance, treatment facility, main or water service connected to or in service for the Tiffin municipal water system, shall be designated the Tiffin Water System District. 1 Ordinance 2003-262 SECTIONII. Prohibited Uses The following uses,within the designated separation distances of the well site described above,shall be deemed to constitute a nuisance and shall not be permitted in the Tiffin Water System District: 1. Well House floor drains- 5 feet. 2.. Water.,treatment plant wastes 50 feet. 3. Sanitary and industrial discharges -400 feet. 4.1 Floor drains from pump house to surface a. None permitted within 5 feet. b. 5 to'10 feet water main materials enclosed in concrete are permitted. c. If between 10 to 25 feet,must be water main material. d. If between 25 to 75 feet, must be watertight sewer pipe. 4.2 Floor drains to sewers,water plant wastes, storm or sanitary or drains: a. None permitted within 25 feet. b. If between 25 and75feet,must be water in' ain material. c. ;Ifbetween,75'=and 200 feet, must be watertight sewer pipe. 4.3 Force mains: a. ...i.None permitted within`75 feet. b. If within 200 feet,must be water main materials,otherwise none within 400 feet. 5. Land application of solid waste - 100 feet. . 6. Irrigation of wastewater- 100 feet. 7. Concrete vaults and septic tanks- 100 feet. 8. Mechanical wastewater treatment plants - 200 feet. 9. Cesspools and earth pit privies-200 feet. 10. Soil absorption fields -200 feet. 11.. Lagoons - 400 feet. 12. Chemical storage or application to ground surface: a. No chemical application permitted within 100 feet. b. No above ground storage permitted within 100 feet; • 2 Ordinance 2003-262 c. No on-ground or underground storage permitted within 200 feet. 13. Animal pasturage- 50 feet. 14. Animal enclosii e = 100 feet. 15. Animal Wastes: a. :Land application of solids - 100 feet. b. Land application of liquid or slurry- 100 feet. c. Storage tank- 100 feet. d. Solids stockpile - 200 feet. e. Storage basin or lagoon-400 feet. 16. Earthen silage stdrage trench or pit- 100 feet. ' 17. Basements,pits, sumps - 10 feet. 18. Flowing streams or other surface water bodies - 50 feet. 19. Cisterns - 50 feet. 20. Cemeteries - 200 feet. 21. Private wells - 200 feet. 22. : Solid waste disposal sites - 1000 feet • SECTION.III. Penalty. 1. 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 to exceed one hundred dollars,or imprisonment not exceeding thirty days. Each day any of the above-described nuisances exist constitutes a distinct and separate violation of this Ordinance. 2. Violations may also4be corrected by bringing an action in District Court asking for an injunction to abate any violation,to prevent the occupancy of any building, structureor land,or to prevent any illegal act, conduct,business, or use. SECTION IV. Repeals. 1. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. Severability. 1. If any section, provision, or part of this Ordinance is adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision, or part thereof not adjudged invalid or unconstitutional. 3 • a E Ordinance 2003-262 SECTION VI. Effective Date. 1. The Ordinance shall be in effect after its final passage,approval and publication as provided by law. On the 13 tliay of August ,20 0 3 at a regular meeting of the Tiffin City Council,Tiffin, Iowa,Councilperson Bartels introduced Ordinance No. 20 0 3-2 6 2 ,and moved that it be given its first reading.The motion was seconded by Councilperson Gericke Ayes: Huedepohl, Shaffer, Dils, Gericke and Bartels Nays: None. Five members of the council being present and having voted"Aye",the Mayor declared the Motion carried,and Ordinance No.2 0 03-262 was read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Di is and seconded by Councilperson Shaffer that the laws and rules providing that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No. 200 3-2 6 2 be placed on its last reading. Ayes: Bartels, Shaffer, Gericke, -Huedepohl :.and oils _ Nays: None. Five members of the council being present and having voted"Aye",the Mayor declared the Motion carried,and Ordinance No.2 0 03-262 was then placed upon its last reading and read for the last time. Thereupon, it was moved by Councilperson Huedepohl and seconded by Councilperson Dils that Ordinance No. 2 0 0 3-2 6 2 be placed on its final passage and adopted. Five members of the council being present and having voted"Aye",the Mayor declared the Motion carried, and Ordinance No. 2 0 0 3-262 passed and adopted. Whereupon the Mayor declared that Ordinance No. 2003-262 be adopted and signified the Mayor's approval by fixing the Mayor's signature thereto. PASSED and APPROVED by the Council the n1 3thda of August , 20 03. Sign:,7 2. Glenn R. Potter, Mayor 4 Ordinance 2003-262 Name: Glenn Potter Mayor, City of Tiffin ATTEST: gm i M►/ Name: . _ i- 'ei . an erk, City of 1 in I, Clerk of the City of Tiffin, Iowa, state that Ordinance No. 2003-262 , AN ORDINANCE PROVIDING FOR THE REGULATION OF A DEEP WELL SITE CONTROLLED BY 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, duly passed by the Council on the 13th day of August 2003 and signed by the III Mayor on the 1 3thday of August 20 03 and published on the 2nd day of September 20 i Sign: _�� Name: M. , _ eihman ® . ity Clerk, City of Tiffin it 5