[HISTORY: Adopted by the Village Board of the Village of
Randolph 3-4-2013 by Ord. No. 402 (Title 9, Ch. 4, of the 1998 Code).
Amendments noted where applicable.]
This chapter shall be known, cited and referred to as the "Wellhead
Protection (WHP) Ordinance."
A.Â
The residents of the Village of Randolph (hereafter "Village") 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 Village municipal
water supply and well fields and to promote the public health, safety
and general welfare of the residents of the Village.
B.Â
These regulations are established pursuant to the authority granted
to Villages by the Wisconsin Legislature in §§ 60.61(1),
(2)(g), and 60.62, Wis. Stats., to adopt ordinances to protect groundwater.
The regulations specified in this chapter shall apply to the
area within the Village limits surrounding any active municipal well.
As used in this chapter, the following terms shall have the
meanings indicated:
Current facilities, practices and activities which may cause
or threaten to cause environmental pollution within that portion of
the Village's wellhead protection area that lies within the corporate
limits of the Village. Existing facilities include but are not limited
to the type listed in the Department of Natural Resources Form 3300-215,
Public Water Supply Potential Contaminant Use Inventory Form, which
is incorporated herein as if fully set forth.
A ridge in the water table or the potentiometric surface
from which groundwater flows away at right angles in both directions.
A groundwater divide is represented by the line of highest hydraulic
head in the water table or potentiometric surface.
That area within 900 feet of any active municipal well.
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well.
The determined or estimated time required for groundwater
to move in the saturated zone from a specific point to a well.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
A.Â
Intent. The area to be protected as a district is the area within
900 feet of any active municipal well that is contained within the
Village's boundary limits. These lands are subject to land use
and development restrictions because of their close proximity to the
well fields and the corresponding high threat of contamination.
B.Â
Permitted uses. Subject to the exemptions under Subsection E, the following are the only permitted uses within the district, provided the separation distances set forth in Subsection C are maintained. Uses not listed are to be considered nonpermitted uses.
(1)Â
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
(2)Â
Playgrounds.
(3)Â
Wildlife areas.
(4)Â
Nonmotorized trails, such as biking, skiing, nature and fitness trails.
(5)Â
Municipally sewered residential development, free of flammable and
combustible liquid underground storage tanks.
(6)Â
Municipally sewered business development, except for the following
uses:
(a)Â
Aboveground storage tanks.
(b)Â
Asbestos product sales.
(c)Â
Automotive service and repair garages, body shops.
(d)Â
Blueprinting and photocopying services.
(e)Â
Car washes.
(f)Â
Equipment repair services.
(g)Â
Laundromats and diaper services.
(h)Â
Dry cleaning.
(i)Â
Gas stations.
(j)Â
Nurseries, lawn and garden supply stores.
(k)Â
Small engine repair services.
(l)Â
Underground storage tanks.
(m)Â
Wells, private, production, injection or other.
(n)Â
Any other use determined by the Village Zoning Administrator
to be similar in nature to the above-listed items.
(7)Â
Agricultural uses in accordance with the County Soil Conservation
Department's best management practices guidelines.
C.Â
Separation distances. The following separation distances as listed in § NR 811.12(5), Wis. Adm. Code, shall be maintained and shall not be exempted under Subsection E:
(1)Â
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.
(2)Â
Two hundred feet between a well 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.
(3)Â
Three hundred feet between a well 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 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.
(4)Â
Three hundred feet between a well 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 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)Â
Four hundred feet between a well 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.
(6)Â
Six hundred feet between a well 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 and receive written
approval from the Department of Safety and Professional Services or
its designated local program operator under § ATCP 93.110.
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.
(7)Â
One thousand feet between a well 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.
(8)Â
Twelve hundred feet between a well and any solid waste storage, transportation,
transfer, incineration, air curtain destructor, processing, wood-burning,
one-time disposal or small demolition facility; sanitary landfill;
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.
D.Â
Requirements for existing facilities.
(1)Â
Existing facilities shall provide copies of all federal, state and
local facility operation approvals or certificate and ongoing environmental
monitoring results to the Village.
(2)Â
Existing facilities shall provide additional environmental or safety
structures/monitoring as deemed necessary by the Village, which may
include but is not limited to stormwater runoff management and monitoring.
(3)Â
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
(4)Â
Existing facilities shall have the responsibility of devising and
filing with the Village a contingency plan satisfactory to the Village
for the immediate notification of Village officials in the event of
an emergency.
E.Â
Exemptions and waivers.
(1)Â
Individuals and/or facilities may request the Village, in writing,
to permit additional land uses in the district.
(2)Â
All requests shall be in writing, whether on or in substantial compliance
with forms to be provided by the Village, and the Village may require
an environmental assessment report prepared by a licensed environmental
engineer. Said report shall be forwarded to the Village and/or designee(s)
for recommendation and final decision by the Village Board.
(3)Â
The individual/facility shall reimburse the Village for all consultant
fees associated with this review at the invoiced amount, plus administrative
costs.
(4)Â
Any exemptions granted shall be conditional and may include required
environmental and safety monitoring consistent with local, state and
federal requirements and/or bonds and/or securities satisfactory to
the Village.
A.Â
In the event that an individual and/or facility causes the release
of any contaminants which endanger the district, the individual and/or
facility causing said release shall immediately stop the release and
clean up the release to the satisfaction of the Village.
B.Â
The individual/facility shall be responsible for all costs of cleanup,
including all of the following:
(1)Â
Village consultant fees at the invoice amount, plus administrative
costs for oversight, review and documentation.
(2)Â
The cost of Village employees' time associated in any way with
cleanup based on the hourly rate paid to the employee multiplied by
a factor determined by the Village representing the Village's
cost for expenses, benefits, insurance, sick leave, holidays, overtime,
vacation, and similar benefits.
(3)Â
The cost of Village equipment employed.
(4)Â
The cost of mileage reimbursed to Village employees attributed to
the cleanup.
C.Â
Following any such discharge, the Village may require additional
test monitoring and/or bonds/securities.
