[HISTORY: Adopted by the Common Council of
the City of Bayfield 4-1-1992 (§§ 13-3-1 through 13-3-7
of the 1992 Code of Ordinances); amended in its entirety 1-8-2018 by Ord. No. 390. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 500.
This chapter shall be known as the "Wellhead Protection Ordinance."
A.
Residents in the City of Bayfield depend exclusively on groundwater
for a safe drinking water supply. Certain land use practices and activities
can seriously threaten or degrade groundwater quality. The purpose
of this chapter is to institute land use regulations and restrictions
to protect the City's municipal water supply and well fields,
and to promote the health, safety and general welfare of the residents
of the City of Bayfield.
B.
Statutory authority of the City to enact these regulations was established
by the Wisconsin Legislature in § 62.23(7)(a) and (c), Wis.
Stats. Under these statutes, the City has the authority to enact this
chapter, effective in the incorporated areas of the City, for the
protection of groundwater resources.
There is hereby established a Groundwater Protection Overlay
District consisting of that land area surrounding each municipal well
that is within the City's corporate limits which has been designated
as a "wellhead protection area" by the City's Wellhead Protection
Plan. The boundaries of the district are shown in the City's
Wellhead Protection Plan on file with the City Clerk. [NOTE: Wellhead
protection areas are derived from hydrologic studies and are based
on the area surrounding a well where groundwater takes five years
or less to travel from the land surface to the pumping well.]
A.
Separation distances. The following minimum separation distances
as specified in § NR 811.12(5), Wis. Adm. Code, shall be
maintained within the Groundwater Protection Overlay District:
(1)
Ten feet between a well and an emergency or standby power system
that is operated by the same facility which operates the well and
that has a double-wall aboveground storage tank with continuous electronic
interstitial leakage monitoring. These facilities shall meet the installation
requirements of § ATCP 93.260 Wis. Adm. Code, and receive
written approval from the department of safety and professional services
or its designated local program operator under § ATCP 93.110,
Wis. Adm. Code.
(2)
Fifty feet between a well and a storm sewer main or a sanitary sewer
main where the sanitary sewer main is constructed of water main class
materials and joints. Gravity sanitary sewers shall be successfully
air pressure tested in place. The air pressure test shall meet or
exceed the requirements of the four psi low pressure air test for
plastic gravity sewer lines found in the latest edition of "Standard
Specifications for Sewer & Water Construction in Wisconsin." Force
mains shall be successfully pressure tested with water to meet the
AWWA C600 pressure and leakage testing requirements for one hour at
125% of the pump shut-off head.
(3)
Two hundred feet between a well field and any sanitary sewer main
not constructed of water main class materials, sanitary sewer manhole,
lift station, one- or two-family residential heating fuel oil underground
storage tank or aboveground storage tank or private on-site wastewater
treatment system (POWTS) treatment tank or holding tank component
and associated piping.
(4)
Three hundred feet between a well field and any farm underground
storage tank system or other underground storage tank system with
double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it. These installations
shall meet the most restrictive installation requirements of § ATCP
93.260, Wis. Adm. Code, and receive written approval from the Department
of Safety and Professional Services or its designated local program
operator under § ATCP 93.110, Wis. Adm. Code. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
(5)
Three hundred feet between a well field and any farm aboveground
storage tank with double wall, or single-wall tank with other secondary
containment and under a canopy; other aboveground storage tank system
with double wall, or single-wall tank with secondary containment and
under a canopy and with electronic interstitial monitoring for a double-wall
tank or electronic leakage monitoring for a single-wall tank secondary
containment structure. These installations shall meet the most restrictive
installation requirements of § ATCP 93.260, Wis. Adm. Code,
and receive written approval from the department of commerce or its
designated local program operator under § ATCP 93.110, Wis.
Adm. Code. These requirements apply to tanks containing gasoline,
diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances.
(6)
Four hundred feet between a well field and a POWTS dispersal component
with a design capacity of less than 12,000 gallons per day, a cemetery
or a stormwater retention or detention pond.
(7)
Six hundred feet between a well field and any farm underground storage
tank system or other underground storage tank system with double wall
and with electronic interstitial monitoring for the system, which
means the tank and any piping connected to it; any farm aboveground
storage tank with double wall, or single-wall tank with other secondary
containment and under a canopy or other aboveground storage tank system
with double wall, or single-wall tank with secondary containment and
under a canopy; and with electronic interstitial monitoring for a
double-wall tank or electronic leakage monitoring for a single-wall
tank secondary containment structure. These installations shall meet
the standard double-wall tank or single-wall tank secondary containment
installation requirements of § ATCP 93.260, Wis. Adm. Code,
and receive written approval from the department of safety and professional
services or its designated local program operator under § ATCP
93.110, Wis. Adm. Code. These requirements apply to tanks containing
gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel
oil, petroleum product, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
(8)
One thousand feet between a well field and land application of municipal,
commercial, or industrial waste; the boundaries of a land-spreading
facility for spreading of petroleum-contaminated soil regulated under
state administrative regulations while that facility is in operation;
agricultural, industrial, commercial or municipal wastewater treatment
plant treatment units, lagoons, or storage structures; manure stacks
or storage structures; or POWTS dispersal component with a design
capacity of 12,000 gallons per day or more.
(9)
One thousand two hundred feet between a well field and any solid
waste storage, transportation, transfer, incineration, air curtain
destructor, processing, wood burning, one-time disposal or small demolition
facility; sanitary landfill; any property with residual groundwater
contamination that exceeds Ch. NR 140, Wis. Adm. Code, enforcement
standards; coal storage area; salt or de-icing material storage area;
any single-wall farm underground storage tank or single-wall farm
aboveground storage tank or other single-wall underground storage
tank or aboveground storage tank that has or has not received written
approval from the Department of Safety and Professional Services or
its designated local program operator under § ATCP 93.110,
Wis. Adm. Code, for a single-wall tank installation. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide
or fertilizer handling or storage facilities.
B.
Permitted uses. The following uses are permitted in the Groundwater Protection Overlay District subject to the separations distances in § 489-4A:
(1)
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
(2)
Playgrounds.
(3)
Wildlife areas.
(4)
Nonmotorized trails, such as bike, skiing, nature and fitness trails.
(5)
Residential storage use, which is municipally sewered or has a state-approved
sewer and septic system, and free of underground storage tanks.
(6)
Gardening and horticultural activities, which are free of pesticides
and synthetic fertilizers.
C.
Conditional uses. The following uses may be conditionally permitted in the Groundwater Protection Overlay District pursuant to § 489-5 subject to the separations distances in § 489-4A:
(1)
Hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous
chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by
OSHA under 40 CFR Part 370.)
(2)
Motor vehicle services, including filling and service stations, repair,
renovation and body work.
(3)
Residential, commercial and industrial establishments that are municipally
sewered and whose use, aggregate of hazardous chemicals in use, storage,
handling and/or production exceeds 20 gallons or 160 pounds at any
time.
(4)
Stormwater infiltration basins.
(5)
Geothermal wells, also known as ground source heat pump, along with
any associated piping and/or ground loop component installations.
D.
Prohibited uses. The following uses are prohibited in the Groundwater
Protection Overlay District.
(1)
Chemical manufactures (Standard Industrial Classification major group
28).
(2)
Coal storage.
(3)
Dry cleaners.
(4)
Electroplating facilities.
(5)
Foundries and forge plants.
(6)
Industrial liquid waste storage lagoons and pits.
(7)
Landfills and any other solid waste facility, except post-consumer
recycling.
(8)
Manure and animal waste storage.
(9)
Mining of any kind, including metallic, sand and aggregate pits.
(10)
Pesticide and fertilizer dealer, manufacturing, transfer or
storage facilities.
(11)
Railroad yards and maintenance stations.
(12)
Rendering plants and slaughterhouses.
(13)
Salt or de-icing material bulk storage.
(14)
Salvage or junk yards.
(15)
Septage or sludge spreading, storage or treatment.
(16)
Septage, wastewater, or sewage lagoons.
(17)
Stockyards and feedlots.
(18)
Wood-preserving operations.
(19)
Any other use determined by the City Council to be similar in
nature to the above-listed uses.
A.
Any application for a conditional use on land within Zone C shall,
in addition to other applicable procedural requirements, be referred
to the Public Works Committee, which shall make its recommendation
thereon to the Plan Commission prior to the Plan Commission's
consideration of the application.
B.
In formulating its recommendation, the Public Works Committee shall
consider all of the following factors:
(1)
The City's responsibility, as a public water supplier, to protect
and preserve the health, safety and welfare of its citizens.
(2)
The degree to which the proposed land use practice, activity or facility
may threaten or degrade groundwater quality in the City of Bayfield.
(3)
The economic hardship which may be faced by the landowner if the
application is denied.
(4)
The availability of alternative options to the applicant, and the
cost, effect and extent of availability of such alternative options.
(5)
The proximity of the applicant's property to other potential
sources of contamination.
(6)
The then-existing condition of the City's groundwater public
water wells and well fields, and the vulnerability to further contamination.
(7)
The direction of flow of groundwater and other factors in the area
of the applicant's property, which may affect the speed of the
groundwater flow, including topography, depth of soil, extent of aquifer,
depth to water table and location of private wells.
(8)
Any other pertinent hydrogeological data or information, which is
available from any public or private agency or organization.
(9)
The potential benefit, both economic and social, from the approval
of the applicant's request for a permit.
C.
In determining whether to approve a conditional use subject to this section, the Plan Commission shall consider the Public Works Committee's recommendation and the factors listed in Subsection B in determining whether the conditions set forth in § 500-35 of Chapter 500, Zoning, are present. If the Plan Commission approves the conditional use and such approval is consistent with the Public Works Committee's recommendations, the Zoning Administrator shall proceed to issue a conditional use permit. If, however, the Plan Commission approves a conditional use contrary to the Public Works Committee's recommendations, a conditional use permit shall not be issued unless approved by the Common Council, whose decision shall be final and not subject to appeal to the Zoning Board of Appeals, notwithstanding any other provision of Chapter 500, Zoning, of the Code of the City of Bayfield.
D.
The applicant shall be solely responsible for any and all costs associated
with the application or compliance with conditions of a conditional
use permit issued pursuant thereto, including the following:
(1)
The cost of an environmental impact study if so required by the City.
(2)
The cost of groundwater monitoring or groundwater wells if required
by the City.
(3)
The costs of City's employees' time associated with application
based on an hourly rate paid to the employees.
(4)
The costs of City equipment employed.
A.
Cleanup costs. In the event of a release of any contaminants which
endanger the groundwater in the Groundwater Protection Overlay District,
the person causing or allowing said release shall immediately terminate
and provide cleanup satisfactory to the City, and shall be responsible
for all costs of cleanup, including the following:
B.
Test monitoring. Following any such release, the City may require
additional test monitoring or other requirements it determines to
be needed, the cost of which shall also be borne by the person responsible
for the discharge.
C.
Violations. It shall be unlawful to construct or use any structure,
or use any land, in the Groundwater Protection Overlay District except
as authorized by this chapter. The City, or any person who is specifically
damaged by a violation of this chapter, may institute an appropriate
legal action to enjoin the violation.
D.
Penalties. Any person who fails to comply with this chapter shall, upon conviction thereof, be subject to the penalty provisions of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day a violation exists or continues shall constitute a separate offense.
The Groundwater Protection Overlay District is mapped in the
City's wellhead protection plan as the "Wellhead Protection Area,"
on file with the City Clerk.
