Anderson 

Chapter 6.20

WATERSHED AREA PROTECTION REGULATIONS

Sections:

ARTICLE I.  DEFINITIONS

            6.20.010          Industrial sewers and industrial sewage works.

            6.20.020          Industrial wastes.  

            6.20.030          Mining.

            6.20.040          Mobile home.

            6.20.050          Mobile home park.

            6.20.060          Sewage

            6.20.070          Sewage works.

            6.20.080          Sewers or sewerage systems.

            6.20.090          Untreated sewage.

            6.20.100          Water supply.

ARTICLE II.  PURPOSE—WATERSHED AREA

6.20.110                    General purpose provisions.

6.20.120                    Permits required in watershed area.

6.20.130                    Geographical area.

ARTICLE III.  WATERSHED OFFICER

6.20.140                    Appointment

6.20.150                    Duties

6.20.160                    Stop orders—Authorization.

6.20.170                    Hearing.

6.20.180                    Appeals

6.20.190                    Tribunal.         

ARTICLE IV.  WATER SUPPLY

6.20.200                    Well pits—Pumprooms.

6.20.210                    Well pit requirements.

6.20.220                    Distances required.

6.20.230                    Public wells.

6.20.240                    Well casings.

ARTICLE V.  SEWAGE

6.20.250                    Disposal plan.

6.20.260                    Conditions of disease.

6.20.270                    Waste disposal system required.

6.20.280                    Sewage collection and disposal.

6.20.290                    Minimum treatment standards.

6.20.300                    Discharge of untreated sewage—Generally.

6.20.310                    Discharge of untreated sewage—Penetration of water-bearing strata.

6.20.320                    Discharge of untreated sewage—Contamination of groundwater.

6.20.330                    Discharge into public places.

6.20.340                    Stop order—Issuance.

6.20.350                    Stop order—Hearing.

6.20.360                    Elimination of existing cesspools.

ARTICLE VI.  PERMIT APPLICATION AND APPEAL

6.20.370                    Permit—Required.

6.20.380                    Permit—Contents.

6.20.390                    Permit—Issuance.

6.20.400                    Appeal of denial.

6.20.410                    Jurisdiction of planning commission.

6.20.420                    Notice of appeal.

6.20.430                    Hearing by commission.

6.20.440                    Decision of commission.

6.20.450                    Appeal from planning commission action.

ARTICLE VII.  CONSTRUCTION REQUIREMENTS.

6.20.460                    Construction permits required.

6.20.470                    Construction sites.

6.20.480                    Waste disposal required.

6.20.490                    Road construction.

ARTICLE VIII.  RESIDENTIAL HOUSING

6.20.500                    Classifications.

6.20.510                    Permits—Information required.

6.20.520                    Lot size—Multi-unit complex.

6.20.530                    Lot size—Limitation

6.20.540                    Mobile home residences.

ARTICLE IX.  TIMBERING

6.20.550                    Timbering—Permit required.

6.20.560                    Plan required.

6.20.570                    Clear cutting prohibited.

6.20.580                    Logging—Limitations.

6.20.590                    Information required.

ARTICLE X  MINING

6.20.600                    Mining—Permit required.

6.20.610                    Plan required.

6.20.620                    Information required.

ARTICLE XI  SPECIAL PROVISIONS

6.20.630                    Excess use provisions.

6.20.640                    Validity of permits.

6.20.650                    Notice of expiration.

6.20.660                    Reasons for nonrenewal of permits.

ARTICLE XII  VIOLATION—PENALTY

6.20.670                    Willful violation.

6.20.680                    Civil remedies preserved.

6.20.690                    Civil action authorized.

6.20.700                    Action upon conviction.

6.20.710                    Release of bond.

6.20.720                    Second conviction.

ARTICLE I.  DEFINITIONS

6.20.010  Industrial sewers and industrial sewage works.  “Industrial sewers” and “industrial sewage works” mean any sewer or sewage works for conveying or treating industrial wastes from any industry or industrial process.  (§3.1.5 of unnumbered ord. dated 4/15/80)

6.20.020  Industrial wastes.  “Industrial wastes” means sewage and/or liquids, solids or other wastes from an industrial establishment, or resulting from any process of industry, manufacture, trade, or business, or from the development of any natural resource.  (§3.1.2 of unnumbered ord. dated 4/15/80)

6.20.030  Mining.  “Mining” means the extraction of minerals or natural resources from their natural state by any means other than the natural forces of nature.  (§9.3 of unnumbered ord. dated 4/15/80)

6.20.040  Mobile home.  “Mobile home” means a living unit originally designed as a trailer on wheels. (§12.6 of unnumbered ord. dated 4/15/80)

6.20.050  Mobile home park.  “Mobile home park” means any contiguous area of land held out by the owner, or any agent thereof, as being available for lease, in order to place two or more mobile homes on the land, whether or not the mobile homes are owned by the same individual or several.  (§12.5 of unnumbered ord. dated 4/15/80)

6.20.060  Sewage.  “Sewage” includes any or all of the following, whether untreated or insufficiently treated:  human wastes;  food wastes disposed of through sewers;  wash water;  liquid wastes from residences, institutions, business buildings and industrial establishments;  and such diluting water as may have entered the waste disposal system, or the water-carried waste products or discharge from human beings or other wastes from residences, public or private buildings, together with such ground, surface or storm water as may be present.  This definition is to be liberally construed to allow the fullest possible protection           of the watershed area.  (§3.1.1 of the unnumbered ord, dated 4/15/80)

6.20.070  Sewage works.  “Sewage works” means all devices and appurtenances which treat or were designed to treat sewage or industrial waste by changing the nature of or removing any of its constituents before final disposal into any waters or upon any lands of the city.  (§3.1.4 of unnumbered ord. dated 4/15/80)

6.20.080  Sewers or sewerage systems.  “Sewers” or “sewerage systems” means all structures, conduits and pipelines by which sewage or industrial waste is collected, transported and discharged to the point of disposal.  (§3.1.3 of unnumbered ord. dated 4/15/80)

 6.20.090  Untreated sewage.  “Untreated sewage” and “insufficiently treated sewage” means all sewage, solid or liquid wastes, from residences, business buildings, institutions, public or private, and from industrial and other establishments which have not been subjected to proper and sufficient treatment to remove the contaminated impurities to a degree which will render them incapable of contaminating any of the lakes or watershed area to the detriment of the public health.  (§3.4.2 of unnumbered ord.  dated 4/15/80)

6.20.100   Water supply.  “Water supply” means any source from which water is extracted, or from which it might be extracted, for either private, industrial, business or public use or consumption.  (§2.1 of unnumbered ord.  dated 4/15/80)

ATRICLE II.  PURPOSE—WATERSHED AREA

            6.20.110  General purpose provisions.  It is found as a specific legislative determination that water quality must be preserved as present standards to ensure no deterioration of water standards.  (§10.1 of unnumbered ord.  dated 4/15/80)

            6.20.120  Permits required in watershed area.  In order to ensure present standards of water quality a permit shall be obtained prior to the commencement of any construction, additions, or removal of any materials from or to any stream, river, or lake in the watershed area.  (§10.2 of unnumbered ord.  dated 4/15/80)

6.20.130  Geographical area.  It is the interest of these regulations to encompass a sufficiently large area in order to protect the watershed which charges the water table of Anderson.  The drainage area which charges Anderson can be defined and is defined by the U.S. Corps of Engineers as encompassing in excess of seven hundred thousand acres.  It is expressly recognized that it would be unreasonable for the city to regulate the entire watershed area; therefore, the area subject to these regulations is defined as follows:

Beginning on the East side of the Lost Slough in the S.E. corner of Sec. 8, T6S, R8W, proceed from that point due East to the N.W. corner of Sec. 15, T6S, R7W. Proceed from that point to the S.E. corner of Sec. 15, T6S, R7W. From that point, proceed due East to a ¼ mile from the S.E. corner of Sec. 15, T6S, R6W, on the edge between Sections 14 & 23, T6S, R6W. Proceed from that point in a South-Southeasterly direction to 1/4 mile East of the S.E. corner of Sec. 15 on the dividing line between Sec. 23 and 26. Proceed from that point to the N.W. corner of Sec. 36. From that point, proceed due South to the S.W. corner of Sec. 36. From that point, proceed 1/8 of a mile West on the dividing line between Sec. 35, T6S, R6W, and Sec. 2, T7S, R6W, from that point, proceed due South to the dividing line of Sec. 2 and 11, T7S, R6W. From that point, proceed due East to the N.E. corner of Sec. 12, T7S, R6W. From that point, proceed due South to the S.E. corner of Sec. 12, T7S, R6W. Proceed from that point, due East 3/8 miles along the dividing line between Sec. 18 and 19, T7S, R5W. From that point, proceed due South to the dividing line between Sec. 18 and 19~ T7S, RSW. From that point, proceed in a S.W. direction to a distance of ½ mile West of the N.E. corner of Sec. 36 on the dividing line between Sec. 25 and 36, T7S, R6W. Proceed from that point, due South to the unnamed peak (elevation 2,520') in Sec. 24, T8S, R6W. From that point, proceed South-Southeast to Tota Peak (elevation 3,211') in Sec. 36, T8S, R6W. From that point, proceed to the S.E. corner of Sec. 36, T8S, R6W. From that point, proceed to the S.E. corner of Sec. 36, T8S, R6W. From that point, proceed due East to the N.E. corner of Sec. 5, T9S, R5W. From that point, proceed to the N.E. corner of Sec. 10, T9S, R5W. From that point, proceed due south to the S.E. corner of Sec. 10, T9S, R5W. Proceed from that point to the S.E. corner of Sec. 14, T9S, R5W. From that point proceed to the S.E. corner of Sec. 25, T9S, R5W. Proceed from that point to 3/8 mile South and 3/8 mile East from the N.W. corner of Sec. 9, T10S, R4W. From that point, proceed due South to the dividing line between Sec. 16 and 21, T10S, R4W. From that point, proceed in a S.E. direction to the unnamed peak (elevation 3,642') in Sec. 21, T10S, R4W. From that point, proceed to Sec. 32 Murphy Dome (VABM 4,830') TI0S, R4W. From that point proceed in a Southeasterly direction to the S.E. corner of Sec. 33, T10S, R4W. Proceed from that point in a South-southwesterly direction to 1/8 mile west of the S.E. corner of Sec. 15 on the dividing line between Sec. 15 and 22, TI1S, R4W. From that point, proceed due South to the dividing line between Sec. 22 and 27, TIIS, R4W. Proceed from that point to ¼ mile North and 1/8 mile East of the S.W. corner of Sec. 34, T11S, R4W. From that point, proceed in a westerly direction to Mt. Lathrop in Sec. 1, TI2S, R5W. From that point, proceed due West to Usibelli Peak in Sec. 2, TI2S, R5W. From that point, proceed due West to unnamed peak (ele­vation 5,282') in Sec. 5, T12S, R5W. Proceed from that point in a Northwest direction to 1/2 mile west of the S.E. corner of Sec. 33 on the dividing line between Sec. 33, T11S, R5W, and Sec. 4, T12S, R5W. Proceed from that point in a Northwesterly direction to the S.W. corner of Sec. 8, T11S, R5W. From that point, proceed to a point 1/8 mile south of N.E. corner of Sec. 27 on the dividing line between Sec. 26 and 27, T11S, R6W, from that point, proceed in a Northwesterly direction to a point ¼ mile south of the N.E. corner of Sec. 13 on the dividing line between Sec. 13, T11S, R7W, and Sec. 18, T11S, R6W. From that point, proceed due West to Walker Dome in Sec. 15, T11S, R7W. From that point proceed due North to the edge between Sec. 22 and 27, T10S, R7W. Proceed from that point to the unnamed peak (elevation 3,005') in Sec. 3, T10S, R7W. From that point, proceed ½ mile West from the Southeast corner of Sec. 29, of the edge dividing Sec. 29 and 32, T9S, R7W. Proceed from that point to 1/8 mile East and ½ mile South from the Northeast corner of Sec. 36, T9S, R7W. From that point, proceed to ½ mile North from the Southeast corner of Sec. 27 on the edge of Sec. 26 and 27, T9S, R8W. Proceed from that point, to the South­east corner of Sec. 8, T9S, R8W. Proceed from that point to the Southeast corner of Sec. 1, T9S, R9W. Proceed from that point to1/4 mile West from the North­east corner of Sec. 22, T9S, R9W. From that point, follow the Nenana River to ½ mile South of the North­east corner of Sec. 14, on the edge dividing Sec. 13 and 14, T7S, R9W. From that point, proceed on the East bank of the Lost Slough to 1/8 mile West of the South­east corner of Sec. 8, T6S, R8W.

(§11 of unnumbered ord. dated 4/15/80)

ARTICLE III. WATERSHED OFFICER

6.20.140 Appointment. The city council shall appoint one individual to be designated as the city watershed offi­cer. (§13.1 of unnumbered ord. dated 4/15/80)

6.20.150 Duties. The city watershed officer shall be responsible for the issuance of all permits.

A. The city watershed officer shall inspect all permit applications.

B. The city watershed officer shall make periodic site inspections to ensure compliance with the permit. Inspec­tions upon private complaint are permissible.

C. The city watershed officer may issue a conditional permit, conditioned upon the proposed activity being in con­formance with these regulations, or issue a permit detailing the steps to be taken to minimize the impact on the water­shed area. (§13.2 of unnumbered ord. dated 4/15/80)

6.20.160 Stop orders--Authorization. The city water­shed officer is specifically authorized to issue a stop-work order on the following grounds:

A. No permit was issued by the city watershed officer for the activity;

B. The activity is not in substantial compliance with conditions of the issued permit; or

C. The activity is not in substantial compliance with these regulations. (§13.3 of unnumbered ord. dated 4/15/80)

6.20.170 Hearing. A hearing shall be held within sev­en days of issuance of any stop order to ascertain the val­idity of the factual basis for issuance. If the determina­tion of the city watershed officer is upheld, the stop order shall continue until such time as:

A. A permit is issued; or

B. The conditions of the activity are brought into compliance with the permit. (§13.4 of unnumbered ord. dated 4/15/80)

6.20.180 Appeals. Appeals from any hearing, pursuant to Section 6.20.170, shall be in the same manner as appeals under Article VI of this chapter. (§13.5 of unnumbered ord. dated 4/15/80)

6.20.190 Tribunal. Hearings, pursuant to Section 6.20.170, shall be before the city council. The only issue properly before the council shall be: Is there a reasonable basis, in fact, for the issuance of the stop order? (§13.6 of unnumbered ord. dated 4/15/80)

ARTICLE IV. WATER SUPPLY

6.20.200 Well pits--Pumprooms. If a well pit or sub­ground level pumproom is used, it must be constructed in such a manner that it is not connected to a sewer or sewer pump in any form. (§2.1.1 of unnumbered ord. dated 4/15/80)

6.20.210 Well pit requirements. The well pit must be a water-tight compartment and must extend above the ground surface a minimum distance of one foot. (§2.1.2 of unnum­bered ord. dated 4/15/80)

6.20.220 Distances required. All private wells must be constructed a minimum distance of one hundred feet from any septic tank disposal field, one hundred fifty feet from any seepage pit and two hundred feet from any existing cess­pool. Any private septic tank and leach field must be con­structed a minimum distance of one hundred feet from any existing well; any seepage pit must be constructed a minimum distance of one hundred fifty feet from any existing well. (§2.1.3 of unnumbered ord. dated 4/15/80)

6.20.230 Public wells. All public septic tank dis­posal fields and seepage pits must be constructed a minimum distance of two hundred fifty feet from any existing well. (§2.1.4 of unnumbered ord. dated 4/15/80)

6.20.240 Well casings. In the event a well or a sub ground level pumproom is used, the well casing must extend above the ground surface a minimum distance of one foot. (§2.1.5 of unnumbered ord. dated 4/15/80)

ARTICLE V. SEWAGE

6.20.250 Disposal plan. The city shall have available through the city clerk's office, a map of the city indicat­ing the location of each existing sewage disposal system, type of disposal system, and water supply. The map will show each location, in fact, measured from the road right-of-way boundary and the right-hand boundary, of each lot as an individual faces the road right-of-way boundary. (§3.2 of unnumbered ord. dated 4/15/80)

6.20.260 Conditions of disease. Sewage disposed of in such a manner as to contaminate any water supply used for drinking and household purposes, to be accessible to vermin and flies, to contaminate any food crop, to create noisome and offensive odors or to pollute any lake or stream, shall be a condition cause of disease, and shall constitute a vio­lation of this ordinance. (§3.3.4 of unnumbered ord. dated 4/15/80)

6.20.270 Waste disposal system required. No human waste shall be disposed of except in accordance with an ap­proved disposal system, approved by the city watershed offi­cer. (§3.3.3 of unnumbered ord. dated 4/15/80)

6.20.280 Sewage collection and disposal. All sewage shall be collected and disposed of in properly constructed and managed sewers, treatment facilities, septic tanks, chemical toilets or by other means approved by the city watershed officer. (§3.3.1 of unnumbered ord. dated 4/15/80)

6.20.290 Minimum treatment standards. The minimum standard for private premises waste disposal facilities shall be a properly constructed and operated facility such as a septic tank and tile-filled, sanitary privy, chemical toilet, scavenger system or other facilities approved by the city watershed officer. The size of the septic tank shall conform to state and/or federal regulations. (§3.5 of un­numbered ord. dated 4/15/80)

6.20.300 Discharge of untreated sewage--Generally.

The discharge of untreated or insufficiently treated sewage into any lake or stream is prohibited. Insufficiently treated sewage is defined as sewage which will or might al­ter the water quality of the watershed area. (§3.4.1 of unnumbered ord. dated 4/15/80)

6.20.310 Discharge of untreated sewage--penetration of water-bearing strata. No privy contents, drainage from a building, or any other sewage shall be discharged directly into any well, either abandoned or constructed for that pur­pose, that is carried to such a depth as to penetrate the water-bearing strata. (§3.4.5 of unnumbered ord. dated 4/15/80)

6.20.320 Discharge of untreated sewage--Contamination of groundwater. No privy contents, drainage from a build­ing, or any other sewage shall be discharged into any crev­ice, sink-hole or other opening, either natural or arti­ficial, in a rock formation which will or may permit the pollution or contamination of groundwater. (§3.4.6 of un­numbered ord. dated 4/15/80)

6.20.330 Discharge into public places. No kitchen waste, laundry water or sewage shall be allowed to discharge or flow in any gutter, street, roadway or public place. (§3.3.2 of unnumbered ord. dated 4/15/80)

6.20.340 Stop order--Issuance. Whenever investigation by the city watershed officer shows that the discharge of untreated or insufficiently treated sewage or industrial waste into a water-course, stream, or on the surface, pro­duces conditions prejudicial to the public health, the per­son, persons, firm, corporation or the municipality dis­charging or permitting to be discharged any such untreated or insufficiently treated sewage or industrial waste into a water-course, stream, or upon the surface area, shall, upon the receipt of a stop order from the watershed officer, im­mediately cease with the construction of such works, or take other such steps as may be necessary to abate the conditions prejudicial to public health. (§3.4.3 of unnumbered ord. dated 4/15/80)

6.20.350 Stop order--Hearing. Within seven days of issuance of any stop order, a hearing shall be given by the city council to the person, persons, firm or corporation. (§3.4.4 of unnumbered ord. dated 4/15/80)

6.20.360 Elimination of existing cesspools. All cess­pools existing prior to the effective date of this chapter must be replaced with a septic tank or other city coun­cil approved device within twelve months of the effective date of this chapter. (§4 of unnumbered ord. dated 4/15/80)

ARTICLE VI. PERMIT APPLICATION AND APPEAL

6.20.370 Permit--Required. All activity which may have an impact on the watershed shall first obtain a permit from the office of the city administrator. (Ord. 113 §4(AA), 1986: §6.1 of unnumbered ord. dated 4/15/80)

6.20.380 Permit--Contents. The permit shall include the following data:

A. The name of the applicant, address, place of busi­ness, a summary of the proposed activity, and a statement of the steps proposed to minimize the impact on the watershed area, and such additional data specified by the watershed officer.

B. Each permit application shall include a geograph­ical designation of the location of any cesspool, septic tank, or other sewage disposal works, and a location of any private wells or surface water.

C. A fee of five dollars shall accompany each applica­tion. (§6.1.2 of unnumbered ord. dated 4/15/80)

6.20.390 Permit--Issuance. A. The office of the city administrator shall consider the permit application and ap­prove the application unless the city watershed officer or his delegate finds that the issuance of the permit will re­sult in the quality, or quantity, of water to be diminished, altered, or impaired by the action imposed.

B. The city watershed officer or his delegate shall consider with equal weight, the potential long-term impact on the watershed, and the short-term impact. (Ord. 113 §4(BB), 1986: §6.1.1 of unnumbered ord. dated 4/15/80)

6.20.400 Appeal of denial. Upon denial of any permit, the applicant shall have the right to appeal the adverse determination by the city administrator or his delegate by:

A. Filing written notice of appeal within thirty days after denial with the office of the city administrator;

B. Filing a written statement, containing the grounds upon which he intends to rely, with the land use planning commission, and the office of the city administrator. (Ord. 113 §4(CC), 1986: §6.2 of unnumbered ord. dated 4/15/80)

6.20.410 Jurisdiction of planning commission. The land use planning commission shall have jurisdiction to hear appeals from any denial of permit by the office of the city administrator; provided, that no action can be taken unless a timely written notice of appeal is made by the applicant. (Ord. 113 §4(DD), 1986: §6.3 of unnumbered ord. dated 4/15/80)

6.20.420 Notice of appeal. Upon the filing of written notice of appeal, and written statement of reasons, the land use planning commission shall conduct a hearing no later than sixty days from the date of filing of notice of appeal, and written statement of grounds. (§6.4 of unnumbered ord. dated 4/15/80)

6.20.430 Hearing by commission. The land use planning commission shall uphold the determination of the office of the city administrator unless it is found that:

A. The underlying factual basis of the determination by the office of the city administrator is clearly errone­ous; or

B. The determination by the watershed officer was a clear abuse of discretion. (Ord. 113 §4(EE), 1986: §6.5 of unnumbered ord. dated 4/15/80)

6.20.440 Decision of commission. The commission shall render its decision in writing within thirty days after the date of the hearing. (§6.6 of unnumbered ord. dated 4/15/80)

6.20.450 Appeal from planning commission action. A. Appeal from any action taken by the land use planning com­mission shall be to the city council.

B. The power of review in the city council shall be limited to a determination that the land use planning com­mission acted in accordance with this chapter. (§6.7 of unnumbered ord. dated 4/15/80)

ARTICLE VII. CONSTRUCTION REQUIREMENTS

6.20.460 Construction permits required. Each contrac­tor, corporation, entity, or private party, shall obtain a permit prior to the commencement of any construction in the watershed area which will only include installation of new wells and/or sewage disposal systems. (§7.1 of unnumbered ord. dated 4/15/80)

6.20.470 Construction sites. All construction sites are required to have adequate facilities for the disposal of solid waste, liquid waste, and human waste material during the course of construction. (§7.2 of unnumbered ord. dated 4/15/80)

6.20.480 Waste disposal required. Any permanent structure shall be constructed with adequate facilities for the disposal of waste materials in a manner consistent with the continuation of water quality and quantity at the pre­sent levels. (§7.3 of unnumbered ord. dated 4/15/80)

6.20.490 Road construction. A.  Road construction shall be, per se, damaging to the watershed area; provided, that if a permit is obtained from the office of the city administrator, then the construction shall be presumed harm­less to the watershed area.

B.  Road construction by a municipality is specifically exempted from compliance with these regulations. (Ord. 113 §4(FF), 1986: §7.4 of unnumbered ord. dated 4/15/80)

ARTICLE VIII. RESIDENTIAL HOUSING

6.20.500 Classifications. Residential housing shall be classified as follows:

A.  Single-family dwellings;

B.  Bi-family units, housing no more than two families;

C.  Multifamily dwelling units. (§12.1 of unnumbered ord. dated 4/15/80)

6.20.510 Permits--Information required. A.  A permit shall be required for all residential housing.

B. A permit application shall include all of the fol­lowing material in addition to that required in Article IV:

1.  The number of living units proposed;

2.  The size of the living units defined by the num­ber of bedrooms;

3.  The sewer facilities for the proposed buildings;

4.  A list of all streams and lakes within the lot on which the building is to be constructed, and any streams, rivers or lakes situated within two hundred feet of the lo­cation of the proposed building;

5.  The method by which solid waste is to be dis­posed. (§12.2 of unnumbered ord. dated 4/15/80)

6.20.520 Lot size--Multi-unit complex. No multi-unit complex may be built on a lot of less than half an acre. (§12.3.1 of unnumbered ord. dated 4/15/80)

6.20.530 Lot size--Limitation. No complex of more than four units may be constructed on a lot of less than one full acre. (§12.3.2 of unnumbered ord. dated 4/15/80)

6.20.540 Mobile home residences.  No individual, entity, company, or corporation may operate except as provided in this section.

A. A mobile home park shall have a central sewage system.

B. A mobile home park shall have a central water system.

C. A mobile home park shall have no more than five units per acre.

D. All sewage disposal from the mobile home park shall be through a sewage system approved by the city watershed officer. (§12.4 of unnumbered ord. dated 4/15/80)

ARTICLE IX. TIMBERING

6.20.550 Timbering--permit required.  A permit shall be obtained prior to the commencement of any activity which involves the clearing of more than one acre of land by re­moval of trees and ground cover. (§8.1 of unnumbered ord. dated 4/15/80)

6.20.560 Plan required.  A plan of all proposed log­ging or timbering activity shall be submitted with the ap­plication for a permit. (§8.1.1 of unnumbered ord. dated 4/15/80)

6.20.570 Clear-cutting prohibited.  No clear-cutting shall be permissible under these regulations for contiguous areas in excess of one acre in size. A minimum distance of sixty-six feet shall be maintained between one acre areas which have been cleared. (§8.2 of unnumbered ord. dated 4/15/80)

6.20.580 Logging--Limitations.  A. No permit for tim­bering or logging activity or operations may include pro­vision for the construction of the roadway.

B. A separate permit shall be obtained for the con­struction of roads to be built in conjunction with timber or logging operations. (§8.3 of unnumbered ord. dated 4/15/80)

6.20.590 Information required.  The plan, when related to timbering, required by Section 6.20.560 shall include the following information:

A. The number of employees to be working in the watershed area;

B.  The number of roads to be constructed for logging;

C.  The method to be used for disposal of human and solid waste;

D.  Any proposals for reforestation, or minimizing impact on the watershed area due to the removal of fore­station, or groundcover as a result of logging operations. (§8.4 of unnumbered ord. dated 4/15/80)

ARTICLE X. MINING

6.20.600  Mining--Permit required. A permit shall be obtained prior to the commencement of any mining activity in the watershed area; provided, that a permit shall not be required for mining activity conducted solely by one indi­vidual without use of a permanent structure. (§9.1 of un­numbered ord. dated 4/15/80)

6.20.610  Plan required. No permit may be issued for a mining operation without a plan being filed in the office of the city administrator detailing the proposed mining opera­tion. (Ord. 113 §4(GG), 1986: §9.2 of unnumbered ord. dated 4/15/80)

6.20.620 Information required. The plan shall include the following information:

A.  The number of people to be employed:

B.  The type of mineral to be extracted;

C. The nature or type of extraction process to be used;

D. A list of any procedures to be used to minimize impact on the watershed area;

E. The amount of water to be utilized in the process. (§9.2.1 of unnumbered ord. dated 4/15/80)

ARTICLE XI. SPECIAL PROVISIONS

6.20.630  Excess use provisions. Any business, activi­ty, manufacturing or development process which is expected to, or requires in excess of one thousand gallons of water per day, shall provide the following data prior to the re­ceipt of a watershed area permit:

A. A copy of the working blueprints for the proposed facility;

B. A detailed statement of reasons for the particular process used which requires large volumes of water;

C. The number of employees to be used on the project or activity and a detailed statement of the method in which all waste products are to be disposed or treated;

D. The amount, and chemical nature of discharges into the watershed area as a result of the manufacturing, devel­opment or other process. (§15.1 of unnumbered ord. dated 4/15/80)

6.20.640  Validity of permits. Permits under this ar­ticle relating to the use of large quantities of water are valid for a period not to exceed twelve months. (§15.2 of unnumbered ord. dated 4/15/80)

6.20.650  Notice of expiration. The city shall give each permittee under this article thirty days' notice prior to the expiration of a permit. (§15.2.1 of unnumbered ord. dated 4/15/80)

6.20.660  Reasons for nonrenewal of permits. The bur­den shall be on the city to establish that nonrenewal of a permit under this article is a result of:

A. Failure of the activity to maintain conditions of the permit; or

B.  That discharge levels have increased; or

C. That the volume of water has increased endangering the watershed area. (§15.2.2 of unnumbered ord. dated 4/15/80)

ARTICLE XII. VIOLATION--PENALTY

6.20.670  Wilful violation. Any repeated or wilful violation of this chapter, or regulations promulgated under this chapter, shall be a misdemeanor punishable by a fine of not more than three hundred dollars, or imprisonment of not more than ten days, or both. In case of failure to correct any violations within the time frame specified by the watershed officer, a fine of ten dollars per day will be imposed until corrected, in addition to the original fine. (Note: This is to avoid the necessity of a jury trial.) (§14.1 of unnumbered ord. dated 4/15/80)

6.20.680  Civil remedies preserved. Nothing in the criminal penalty provisions of this chapter shall be con­strued as foreclosing the city of Anderson from pursuing any civil remedy to require compliance with these regulations. (§14.2 of unnumbered ord. dated 4/15/80)

6.20.690  Civil action authorized. The City of Anderson is specifically empowered to bring civil suit for violation of this chapter, and may ask for monetary damages, costs and attorney's fees. (§14.3 of unnumbered ord. dated 4/15/80)

6.20.700  Action upon conviction.  A.  Any firm, individual, company, corporation or other entity which has been prosecuted and convicted under this article may not receive a permit, provided that:

1. If the conviction is five years old, it shall be of no force or effect; provided, further, that a person or other entity once convicted may apply for and receive a wa­ter permit under the following terms and conditions:

a. That the proposed activity is not similar in nature to that prior conviction, or

b. That the individual applying for the permit is merely the owner, and will not be directly in charge of the proposed activity, or

c. By posting a bond in the amount of one thou­sand dollars prior to the application for a permit.

B. This section is specifically included to allow an owner of property to develop that property where the actual development is done by a contractor. (§14.4 of unnumbered ord. dated 4/15/80)

6.20.710  Release of bond. The bond required under Section 6.20.700 shall be released when the permittee shows the activity to be in strict compliance with the conditions of the permit. (§14.5 of unnumbered ord. dated 4/15/80)

6.20.720  Second conviction. Any individual, firm, company, corporation or entity convicted of a second offense under Section 6.20.720 within five years of the prior con­viction, for violation of this chapter, shall be incarcerat­ed for not less than thirty nor more than ninety days; provided, further, that a fine of up to five hundred dollars may also be assessed. (§14.6 of unnumbered ord. dated 4/15/80)