Agenda Item Title:
Acknowledge information regarding petition from the West Dakota Water Development District to the South Dakota Water Management Board requesting a Declaratory Ruling concerning the City of Rapid City’s Septic System Ordinance and the City of Rapid City’s Petition in Opposition.
Origination Group:
Public Works Committee
Origination Meeting Date:
10/30/2018
City Council Hearing Date:
11/05/2018
Staff Contact:
Dan Coon
Location:
City Wide
Agenda Item Summary:
The West Dakota Water Development District has submitted a Petition for Declaratory Ruling to the South Dakota Water Management Board concerning the validity of the City of Rapid City’s septic system ordinance. Specifically, WDWDD is attempting to suggest that South Dakota Administrative Rule 74:53:01:04 preempts local legislative enactments regarding pre-1975 on-site wastewater systems. The City of Rapid City’s Petition of Opposition is also provided for the Council’s information. The City’s position is that the request presented by WDWDD is beyond the jurisdiction of the Board, and thus should be denied. Furthermore, the South Dakota Legislature has granted municipalities the authority “to protect public groundwater supplies from pollution” (SDCL 9-12-17); “to do what may be necessary or expedient for the promotion of health or the suppression of disease” (SDCL 9-32-1); “to compel the owner of any stable, pigsty, privy, sewer, cesspool, or of any unwholesome or nauseous thing or place to cleanse, abate, or remove the same and to regulate the location thereof” (SDCL 9-32-6); “to prevent the pollution of or injury to any water supply belonging to the municipality or any public water supply within or within one mile of the limits of the municipality” (SDCL 9-32-8); and “to declare what shall constitute a nuisance and prevent, abate, and remove the same” (SDCL 9-29-13). Thus, the City is well within its statutory powers to have ordinances regarding pre-1975 on-site wastewater systems.
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
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Recommendations:
Origination Recommendation Action:
Acknowledge
Origination Recommendation Notes:
Informational Item