I am being prosecuted by the city of Rapid City, South Dakota here in Pennington County. I am a County resident in the City's one mile. Charged with failure to permit my septic tank. My septic tank qualifies for an exception from the State but the City is ignoring it.
The exception is:
74:53:01:04. Existing systems not affected by this chapter -- Exceptions. On-site wastewater systems existing prior to February 28, 1975, are not subject to this chapter unless the systems are changed, the systems cause the groundwater to become polluted, or the systems are allowing wastewater to surface. Abandoned wastewater systems are not exempt from this chapter and shall be abandoned in accordance with § 74:53:01:11. http://www.sdlegislature.gov/Rules/D...le=74:53:01:04
About 7 years ago they started this septic tank permitting (only county in the state) and about 7 years ago the City annexed land out my way and so I went from being in Box Elder's one mile (which I guess they don't claim) to being in Rapid City's one mile.
I am also one mile from another county where peace and love and freedom from intrusive, overreaching govt. as well as lower taxes exist....I can see it but I can't have what they have.
Here locally they want to reach in your pocket and have you buy a permit for most anything. I am reasonably sure they will soon be requiring a permit to break wind and use some fear mongering and say it's very necessary for our air quality and health while the local government itself is of course the biggest polluter. http://www.westdakotawater.com/pdf/2...ort%20(v9).pdf
Another thing that happens one mile away daily is a septic tank pumper spewing thousands of gallons of raw sewage out in a pasture.
So does the state rule/law preempt the local ordinances?
Thanks for any thoughts you express.
The exception is:
74:53:01:04. Existing systems not affected by this chapter -- Exceptions. On-site wastewater systems existing prior to February 28, 1975, are not subject to this chapter unless the systems are changed, the systems cause the groundwater to become polluted, or the systems are allowing wastewater to surface. Abandoned wastewater systems are not exempt from this chapter and shall be abandoned in accordance with § 74:53:01:11. http://www.sdlegislature.gov/Rules/D...le=74:53:01:04
About 7 years ago they started this septic tank permitting (only county in the state) and about 7 years ago the City annexed land out my way and so I went from being in Box Elder's one mile (which I guess they don't claim) to being in Rapid City's one mile.
I am also one mile from another county where peace and love and freedom from intrusive, overreaching govt. as well as lower taxes exist....I can see it but I can't have what they have.
Here locally they want to reach in your pocket and have you buy a permit for most anything. I am reasonably sure they will soon be requiring a permit to break wind and use some fear mongering and say it's very necessary for our air quality and health while the local government itself is of course the biggest polluter. http://www.westdakotawater.com/pdf/2...ort%20(v9).pdf
Another thing that happens one mile away daily is a septic tank pumper spewing thousands of gallons of raw sewage out in a pasture.
So does the state rule/law preempt the local ordinances?
Thanks for any thoughts you express.
Land Use and Zoning: State Law vs Local Ordinances
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