[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 9, Ch. 6, of the former City Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 259.
Hazardous materials and pollution — See Ch. 322.
Health and sanitation — See Ch. 329.
Housing standards — See Ch. 341.
Sewers — See Ch. 470.
Stormwater management — See Ch. 500.
Subdivision of land — See Ch. 510.
Water — See Ch. 563.
Floodplain zoning — See Ch. 600.
Zoning — See Ch. 635.
This chapter shall be known, cited and referred to as the "Wellhead
Protection (WHP) Ordinance."
A.
The residents of the City of Prescott depend on groundwater for a
safe drinking water supply. Certain practices and activities can seriously
threaten or degrade groundwater quality. The purpose of this chapter
is to institute regulations and restrictions to protect the City's
municipal water supply (wells) and to promote the public health, safety
and general welfare of the residents of the City of Prescott.
B.
Statutory authority of the City to enact these regulations was established
by the Wisconsin Legislature in 1983 Wisconsin Act 410 (effective
May 11, 1984), which specifically added groundwater protection to
the statutory authorization for municipalities to protect public health,
safety and welfare.
C.
Chapter NR 811, Requirements for the Operation and Design of Community Water Systems, of the Wisconsin Administrative Code is adopted by reference and made a part of this chapter as if set forth in full. A violation of Ch. NR 811, Wis. Adm. Code, shall constitute a violation of this chapter, and any violation of this chapter shall be punishable as provided in § 1-4 of this Code.[1]
A.
The regulations specified in this chapter shall apply only to areas
that lie within the Wellhead Protection Area (WHPA) of the municipal
wells within the City of Prescott corporate limits. The area is shown
as an Official Wellhead Protection Area on the Map of the City for
Municipal Well Numbers 2, 3 and 4 and is based on information contained
within the Wellhead Protection Plan Report, dated April 1999. The
map and report are on file at the Prescott City Hall.[1]
[1]
Editor's Note: A copy of said map is included at the end of this chapter.
B.
Where any terms or requirements of this chapter may be inconsistent
or conflicting, the more restrictive requirements or interpretations
shall apply.
As used in this chapter, the following terms shall have the
meanings indicated:
United States Environmental Protection Agency (USEPA), Wisconsin
Department of Natural Resources (WIDNR), Wisconsin Department of Safety
and Professional Services, City of Prescott, State Public Service
Commission and any federal, state, county, township, city, village
and/or any other governmental jurisdictions that apply concerning
the issues of this chapter, presently and in the future.[1]
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
The area around a well in which the water level has been
lowered to at least 1/10 of a foot by pumping of the well.
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.
The recharge area upgradient of a pumping well, the outer
boundary of which is determined or estimated that groundwater and
potential contaminants will take 20 years to reach a pumping well
and/or those areas inside a twelve-hundred-foot radius of a municipal
well. The official WHPA map identifies the five-year time of travel
zones (TOT) and twelve-hundred-foot and fifteen-hundred-foot radii.
An encased hole to an aquifer used primarily for the purpose
of supplying safe drinking water to private or municipal water supply
systems.
A.
Intent. The recharge area to be protected is the area that lies within
the outer boundary of the WHPA, upgradient from the municipal wells
as shown on the Official WHPA Map. Management practices minimizing
uses of pesticides, herbicides and fertilizers are strongly encouraged.
B.
Permitted uses. The following uses are permitted within the WHPA, provided the minimum horizontal separation distance from a municipal well is maintained as outlined in Subsection C, Separation distance requirements:
C.
Separation distance requirements. Areas surrounding each municipal
well shall be subject to the following minimum horizontal separation
distances between a municipal well and the following uses and facilities:
(2)
Two hundred feet from any:
(4)
Six hundred feet from any:
(a)
Petroleum (except LP/propane gas) storage tank installation
greater than 500 gallons that has received written approval and meets
the current requirements of all appropriate governmental agencies.
(b)
Septic and/or holding tank and/or wastewater soil absorption
treatment system receiving less than 8,000 gallons per day that has
received written approval and meets the current requirement of all
appropriate governmental agencies.
(6)
One thousand two hundred feet from any:
(a)
Asphalt products manufacturing (with adequate containment).
(b)
Recycling facility (with adequate containment).
(c)
Salt and/or de-icing material storage (with adequate containment),
except retail sales quantity containers.
(d)
Coal storage area (with adequate containment).
(e)
Wastewater treatment facility and/or sludge storage (with adequate
containment).
(f)
Bulk fertilizer and/or pesticide/herbicide facilities (with adequate
containment).
(g)
Bulk petroleum storage facility (with adequate containment).
D.
Prohibited uses. The following uses are prohibited uses within the
WHPA. These uses are prohibited based on the high probability that
activities routinely associated with these uses (storage, use and
handling of potential pollutants) could cause groundwater contamination:
(1)
Petroleum (except LP/propane gas) storage tank installations without
written approval from the appropriate governmental agencies.
(2)
Classified hazardous or extremely hazardous substances, as currently
defined by USEPA, 40 Code of Federal Regulations (CFR), Table 302.4
and Part 355 Appendix A, waste facility and/or material storage facility
(except retail sales quantity containers) and/or production facility.
(3)
Land application of municipal, commercial, industrial or animal waste.
(4)
Municipal, commercial, industrial or animal waste lagoon or storage
structure.
(5)
Septic and/or holding tank and/or wastewater soil absorption treatment
system receiving 8,000 gallons or more per day.
(6)
Radioactive waste facility.
(7)
Landfill and/or waster disposal facilities.
(8)
Junkyards and/or auto salvage yards.
(9)
Improperly abandoned well or septic and/or holding tank.
(10)
Improperly abandoned wastewater absorption treatment system.
(11)
Stockyard and/or feedlot.
E.
Design standards and requirements. The owner and/or occupant shall
comply with the following standards and requirements, which apply
to all uses within the WHPA:
(1)
Provide copies of all appropriate governmental agency approvals and/or
certificates and any ongoing environmental monitoring and/or inspection
results to the Public Service Commission.
(2)
As facilities and/or equipment is replaced and/or upgraded, it shall
meet the current requirements and approval of all appropriate governmental
agencies.
(3)
Have the responsibility of developing and filing, with the Public
Service Commission, a procedure for the immediate notification of
Public Service Commission officials in the event of an emergency which
involved the release of any contaminants that endanger the WHPA.
(4)
In the event that a facility causes the release of any contaminants,
endangering the WHPA, the activity causing said release shall immediately
cease and a cleanup satisfactory to the State Public Service Commission
shall occur.[2]
(5)
The owner and/or occupant of a facility which causes the release
of any contaminants shall be responsible for all costs of cleanup,
Public Service Commission consultant fees at the invoice amount, plus
administrative costs for oversight, review and documentation.
(6)
All petroleum (except LP/propane gas) storage tanks shall meet the
current requirements and approvals of all appropriate governmental
agencies.
(7)
Pesticide, herbicide and fertilizer storage is permitted at the location
of retail sales of these products, provided that the products are
delivered in retail quantity containers and no repackaging and/or
mixing is done on the site.
(8)
All storm drainage shall be approved by the City Engineer and retained
on site or discharged to a municipally operated storm drainage system.
If approved to be retained on site, storm drainage shall be discharged
to settling ponds where it will percolate through at least four inches
of topsoil. Use of dry wells or other subsurface drains for stormwater
drainage is prohibited.
F.
The owner and/or occupant of facilities whose uses do not meet the minimum separation distances listed in Subsection C, Separation distance requirements, or whose uses are listed in Subsection D, Prohibited uses, which exist within the WHPA on the effective date of this chapter, may be allowed by the Public Service Commission to upgrade to promote or enhance groundwater protection, provided they meet the current requirement and approval of all appropriate governmental agencies.
