Village of Woodville, WI Article IV Wellhead Protection

[Adopted 11-13-2007; amended in its entirety 3-8-2022]

§ 510-67 Title.

This article shall be known, cited, and referred to as the "Wellhead Protection Ordinance (WHPO)."

§ 510-68 Purpose, authority and applicability.

A. The users of the Village of Woodville water supply system located in the Village of Woodville 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 article is to institute land use regulations and restrictions to protect the Village of Woodville municipal water supply and wells and to promote the public health, safety, and general welfare of the residents of the Village of Woodville.

B. These regulations are established pursuant to the authority granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety, and welfare.

C. The regulations specified in this article shall apply within the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the Village in the most recent and up-to-date wellhead protection plan[1] and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this chapter and the Zoning Ordinance, [2] the more restrictive provision shall apply.

[1] Editor's Note: The Village Wellhead Protection Plan is on file in the office of the Village Clerk.

[2] Editor's Note: See Chapter 525, Zoning.

D. No new use or change in use of any structure, land, or water shall be located, extended, converted, or structurally altered and no development shall commence without full compliance with the terms of this article and other applicable regulations.

§ 510-69 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AQUIFER

A saturated, permeable, geologic formation that contains and will yield significant quantities of water.

FIVE-YEAR TIME OF TRAVEL (FIVE-YEAR TOT)

The area downgradient and upgradient of the wells, the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach a well. That area is 210 feet for Well No. 1 and 52 feet for Well No. 2.

GROUNDWATER PROTECTION DISTRICT

Includes the following area:

A. Minimum separation distances specified in § NR 811.12(5)(d), Wis. Adm. Code.

B. Wellhead Protection Area designated in the Village Wellhead Protection Plan.[1]

HAZARDOUS SUBSTANCE

The meaning specified under OSHA 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.

RECHARGE AREA

Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.

WELL

A property or piece of land used primarily for the purpose of supplying a location for construction of a well to supply the Village of Woodville municipal water system.

ZONE OF INFLUENCE

A circle around each well that represents a cone of depression in the water table defined by a drawdown of one foot that would develop after 30 days of continuous pumping at full capacity, with no recharge to the groundwater, as specified in § NR 811.12(6)(b), Wis. Adm. Code.

[1] Editor's Note: The Village Wellhead Protection Plan is on file in the office of the Village Clerk.

§ 510-70 Groundwater Protection District.

The boundaries of the Groundwater Protection Overlay Districts shall be shown on the Village of Woodville Zoning Map.[1] The locations and boundaries of the zoning districts established by this chapter are set forth in the Village of Woodville's most recent and up-to-date wellhead protection plan (on file in the office of the Village Clerk) incorporated herein and hereby made a part of this article. Said figures, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein this article and thus promotes public health, safety, and welfare. The Groundwater Protection Overlay District is intended to protect the groundwater recharge area for the water supply from contamination.

[1] Editor's Note: The Zoning Map is on file in the Village offices.

§ 510-71 Separation distances.

A. Intent. The area to be protected is the land immediately surrounding the wells. This land is subject to the minimum development restrictions by code because of the proximity to the well field and the corresponding threat of contamination. These minimum separation distances shall be as set forth in 811.12(5), Wis. Adm. Code, or as that section may be amended.

B. Section NR 811.12(5) Wis. Adm. Code, separation distances currently in effect are:

(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 shutoff 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, biodiesel, 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, biodiesel, 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, biodiesel, 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) Twelve 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 deicing 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, biodiesel, 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.

C. Groundwater Protection Overlay District land use regulations.

(1) Intent. The Groundwater Protection Overlay District is established based on the areas are derived by 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. This area has been normalized visible man-made and natural boundary lines.

(2) Authorized uses.

(a) The following uses are authorized uses within the five-year TOT:

[1] Parks, provided that there is no on-site waste disposal or fuel storage tank facilities associated within this use.

[2] Playgrounds.

[3] Wildlife area.

[4] Nonmotorized trails, such as hiking, skiing, nature, and fitness trails.

[5] Residential uses.

[6] Agricultural uses.

[7] Manufacturing and all activities and uses relating to manufacturing, including, but not limited to, parking and minor maintenance or repair of vehicles transporting materials to and from the site, and the use or storage of hazardous substances so long as such substances are used only on site in the ordinary course of a manufacturing business, and provided that the use of the hazardous substances takes place within a structure with an impermeable floor and the storage of the hazardous substances, if required by Wisconsin Statutes or Administrative Code, takes place within a structure with an impermeable floor and side wall which will not allow spillage outside of the storage structure. In any event, a stockpile of such hazardous substances shall not exceed a ninety-day supply.

[8] Commercial or industrial uses, except those listed below as prohibited uses unless granted by requiring an authorized use permit under § 510-72.

[9] Shipping and receiving activities which are conducted in conjunction with commercial or industrial uses.

[10] The use or storage of hazardous substances in the ordinary course of a manufacturing business subject to the conditions set forth in Subsection C(2)(a)[7] above.

[11] The mixing or stirring of premanufactured products to create lacquers, paints and similar products used in conjunction with a commercial or manufacturing activity or use permitted by this article.

(b) Any use not listed as an authorized use requires the granting of an authorized use permit pursuant to § 510-72.

(3) Prohibited uses.

(a) Septage and/or sludge spreading.

(b) Animal waste facilities.

(c) Printing shop.

(d) Bus or truck terminals, excepting normal shipping and receiving activities which are conducted in conjunction with commercial or industrial uses.

(e) Landfills or waste disposal facilities.

(f) Nonmunicipal wastewater treatment facilities.

(g) Nonmunicipal spray wastewater facilities.

(h) Bulk fertilizer and pesticide facilities.

(i) Asphalt products manufacturing.

(j) Dry-cleaning facilities.

(k) Electroplating.

(l) Exterminating shops.

(m) Paint and coating manufacturing except those uses authorized in Subsection C(2) above.

(n) Hazardous substance storage and use, except those authorized uses in Subsections C(2)(a)[7], [9] and [10] above.

(o) Hazardous waste facilities. "Hazardous waste facility" has the meaning specified under § 291.01(8), Wis. Stats.

(p) Radioactive waste facilities.

(q) Underground storage tanks over 1,000 gallons in size.

(r) Other similar uses that pose a threat to groundwater quality which are not listed as authorized by Subsection C(2).

§ 510-72 Authorized use permits.

A. Upon request from an individual or facility, the Village of Woodville may issue an authorized use permit for land uses in the wellhead protection area other than those already permitted by § 510-71C(2). Authorized use permits may also be granted for those uses listed as prohibited where minimum prohibited activities would occur or changing information or technology establishes that an otherwise prohibited use would pose no risk to the water supply. Any use subject to an authorized use permit shall be a conditional use and may include requirements for environmental and safety monitoring consistent with local, state, and federal requirements and/or bonds and sureties as the Village may require.

B. All requests for permits shall be in writing, delivered to the Village of Woodville, and include the following information along with the payment of a permit fee adequate to cover the Village's costs in evaluating and acting upon the permit request:

(1) A narrative description of the proposed land use.

(2) For new construction or structural additions, a complete set of plans indicating:

(a) The layout of the building(s).

(b) Location of any hazardous substances.

(c) Drainage and piping.

(3) For use of an existing structure, a floor plan diagram, indicating the location of any hazardous substances.

(4) A discussion of the likely impact of the project on the well (water supply or groundwater).

(5) A narrative describing safety precautions to be taken.

(6) Safety plan, as required by § 510-74 of this article.

§ 510-73 Preexisting uses.

Insofar as the standards in this section are not inconsistent with the provisions of § 62.23(7)(h), Wis. Stats., they shall apply to all preexisting uses. The existing lawful use of a structure or building that is not in conformity with the provision of this article may be continued, subject to the following:

A. No modifications or additions to a preexisting use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification," and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal or external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.

B. If a preexisting use is discontinued for 12 consecutive months, any future use of the land, structure or building shall conform to the requirements of this article.

§ 510-74 Requirements for facilities.

A. Facilities shall provide, within 30 days of the receipt by the facility, copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results mandated by local, state or federal law to the Village of Woodville.

B. Facilities shall have the responsibility of devising and filing with the Village of Woodville a contingency plan in conformity with the Wisconsin Administrative Code.

C. In the event an individual or facility causes the release of any contaminants that pose a danger to the water supply, the owner shall immediately cease the activity causing the release and clean up and remove the contaminants. The owner shall be responsible for all costs of cleanup. Such costs shall include the Village's costs for supervision of the cleanup as if no federal, state or other local agency assumes responsibility for the monitoring and supervision of cleanup. Such costs would be those as are authorized under Ch. 292, Wis. Stats.

§ 510-75 Violations and penalties.

A. Violations. It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this article. In case of any violation, the Village may institute appropriate action or proceeding to enjoin a violation of this article.

B. Penalties. Any person, firm, or corporation who or which fails to comply with the provisions of this article shall, upon conviction thereof be subject to a penalty as provided in § 1-4 of this Code or, in the alternative, shall have such forfeiture and costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.

C. These penalties are not the Village's exclusive remedy for violations. The Village may take other steps to ensure compliance and recover for losses, including, without limitation, injunctive action, revocation of permits and suit for damages.