For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTIVITY. Any development or use encompassed within the jurisdiction of this chapter.
ARSD. The Administrative Rules of South Dakota.
DENR. The South Dakota Department of Environment and Natural Resources.
DENR GROUND WATER QUALITY STANDARDS. Groundwater quality standards promulgated by the DENR in ARSD Ch. 74:54.
DENR SOIL REMEDIATION CRITERIA. Remediation criteria for petroleum-contaminated soils promulgated by the DENR in ARSD 74:56:05.
EPA RISK-BASED SCREENING CRITERIA. Environmental Protection Agency regional screening levels using a risk-based approach to assess soil contamination on specific sites in light of the type of development and proposed use of the site.
DEVELOPER. The owner (or authorized representative) of any land in the Railyard Environmental District area on which any development will occur.
DEVELOP OR DEVELOPMENT. Any human-made change in improved or unimproved real estate, including, but not limited to, erecting, constructing, changing, enlarging, altering, repairing, moving, improving, removing, converting, demolishing, using, occupying, or maintaining any building, structure, or land use regulated by the 2013 Shape Places Zoning Ordinance as set forth in Chapter 160 of the Code of Ordinances of Sioux Falls, or activity regulated by the city engineer including platting, replatting, and subdividing land, grading, drainage, and excavation, and construction of public improvements under Chapter 157 of the Code of Ordinances of Sioux Falls.
DOWNTOWN RAILYARD ENVIRONMENTAL OVERLAY DISTRICT. Railyard property as legally described and designated below and subject to environmental controls as provided in this chapter. The official map shall be on file at the city clerk’s office and the city planning and development services office. It is also referred to in this chapter as the “Railyard Environmental District.” The Railyard Environmental District in this chapter is subject to unique criteria in this chapter and is not a subsection of § 160.426 of the Ordinances of the City of Sioux Falls.
ENVIRONMENTAL ASSESSMENT. An environmental assessment using ASTM E 1527 environmental assessment standards for commercial real estate (or functional equivalent approved by the city).
ENVIRONMENTAL CONTROLS. Engineered, operational, administrative, and/or legal controls that minimize the potential for human exposure to regulated substances throughout the life of development activities. Such controls may include limiting land or groundwater use or access, mitigation, or monitoring of dust or particulate generation and contaminate mitigation or remediation of the site.
REGULATED SUBSTANCE. A regulated substance as defined in SDCL 34A-12-1(8) and ARSD 74:34:01:03.
References:
ARSD 74:56:05, Remediation Criterial for Petroleum - Contaminated Soils South Dakota Legislative Research Council
http://www.sdlegislature.gov/Rules/DisplayRule.asp x?Rule=74:56:05
ARSD Chapter 74:54, Groundwater Quality Standards, South Dakota Legislative Research Council
http://www.sdlegislature.gov/Rules/DisplayRule.asp x?Rule=74:54:01
EPA Regional Screening Levels
https://www.epa.gov/risk/regional-screening-levels- rsls-generic-tables-november-2017
Reference: List of Lists, Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA), Comprehensive Environmental Response, Compen-sation and Liability Act (CERCLA) and Section 112 (r) of the Clean Air Act, March 2015, Stock Number EPA 550-B-15-001, published by the U. S. Environmental Protection Agency
https://www.epa.gov/sites/production/files/2015-03/ documents/list_of_lists.pdf
(Ord. 73-18, passed 8-21-2018)