[Added by Ord. No. 206]
A.
Title. This article shall be known, cited and referred to as the
"Wellhead Protection Article" (hereafter "WHP Article").
B.
Purpose and authority.
(1)
The residents of the City (hereafter "City") 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 City municipal water supply and well fields,
and to promote the public health, safety and general welfare of the
residents of the City.
(2)
These regulations are established pursuant to the authority granted
to cities by the Wisconsin Legislature in § 62.23(7)(am)
and (c), Wis. Stats., to adopt ordinances to protect groundwater.
C.
Applicability. The regulations specified in this article shall apply
within the City limits.
As used in this article, 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 City's wellhead protection area that lies within the corporate
limits of the City. 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.
That area derived from the wellhead protection areas described
within the City's wellhead protection plan. A copy of the City's wellhead
protection plan can be obtained from the Clerk-Treasurer. A map of
the overlay district is attached to this section.
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 a contaminant
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.
Intent. The area to be protected as a district is the area within
the recharge area extending to a distance of a ten-year time-of-travel
from each well and including a one-thousand-two-hundred-foot fixed
radius around each well, as determined in the wellhead protection
plan, normalized to geographic boundaries, and contained within the
City boundary limits and shown on the attached map. 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.
Permitted uses. Subject to the exemptions listed in Subsection E below, the following are the only permitted uses within the district. Uses not listed are to be considered nonpermitted uses.
(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 biking, skiing, nature and fitness trails.
(5)
Municipally sewered residential development, free of flammable and
combustible liquid underground storage tanks.
(6)
Municipally sewered business development zoned C-1, C-2 or I, except
for the following uses:
(a)
Aboveground and underground storage tanks.
(b)
Animal waste containment or disposal facilities.
(c)
Automotive service and repair garages, body shops.
(d)
Paint or coating manufacture.
(e)
Bulk fertilizer or pesticide facilities.
(f)
Asphalt products manufacture.
(g)
Junkyards, auto salvage yards or recycling facilities.
(h)
Dry cleaning.
(i)
Gas stations.
(j)
Holding ponds or lagoons or infiltration ponds.
(k)
Bulk salt storage.
(l)
Nurseries, lawn and garden supply stores.
(m)
Small engine repair services.
(n)
Wastewater treatment facilities.
(o)
Wells, private, production, injection or other.
(p)
Any other use determined by the Zoning Administrator to be similar
in nature to the above listed items.
(7)
Agricultural uses in accordance with the County Soil Conservation
Department's best management practices guidelines.
C.
Separation distances. The following separation distances, as specified in Wis. Adm. Code NR 811.12(5)(d), shall be maintained and shall not be exempted as listed in Subsection E below. The following separation distances shall apply for City Wells Nos. 2 and 3.
(1)
Fifty feet between a well and a storm sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, sanitary
sewer manhole, lift station or a single-family residential fuel oil
tank. A lesser separation distance may be allowed for sanitary sewer
mains where the sanitary sewer main is constructed of water main materials
and joints and pressure tested in place to meet current AWWA C600
specifications. In no case may the separation distance between a well
and a sanitary sewer main be less than 50 feet.
(3)
Four hundred feet between a well and a septic tank or soil absorption
unit receiving less than 8,000 gallons per day, a cemetery or a stormwater
drainage pond.
(4)
Six hundred feet between a well and any gasoline or fuel oil storage
tank installation that has received written approval from the Wisconsin
Department of Safety and Professional Services.
[Amended 4-14-2015 by Ord. No. 233]
(5)
One thousand feet between a well and land application of municipal,
commercial or industrial waste; the boundaries of a landspreading
facility for spreading of petroleum-contaminated soil regulated under
Wis. Adm. Code Ch. NR 718 while that facility is in operation; industrial,
commercial or municipal wastewater lagoons or storage structures;
manure stacks or storage structures; and septic tanks or soil absorption
units receiving 8,000 gallons per day or more.
(6)
One thousand two 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 any property with residual groundwater contamination
that exceeds Wis. Adm. Code Ch. NR 140 enforcement standards that
is shown on the Department of Natural Resources' geographic information
system of registry of closed remediation sites; coal storage area;
salt or deicing material storage area; gasoline or fuel oil storage
tanks that have not received written approval from the Department
of Safety and Professional Services; bulk fuel storage facilities
and pesticide or fertilizer handling or storage facilities.
[Amended 4-14-2015 by Ord. No. 233]
D.
Requirements for existing facilities.
(1)
Existing facilities shall provide copies of all federal, state and
local facility operation approvals or certificate and ongoing environmental
monitoring results to the City.
(2)
Existing facilities shall provide additional environmental or safety
structures/monitoring as deemed necessary by the City, which may include,
but is not limited to, stormwater runoff management and monitoring.
(3)
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
(4)
Existing facilities shall have the responsibility of devising and
filing with the City a contingency plan satisfactory to the City which
details how they intend to respond to any emergency which may cause
or threaten to cause environmental pollution that occurs at their
facility, including the prompt notification of City officials in the
event of an emergency.
(5)
Existing facilities cannot engage in or employ a use, activity or structure listed in prohibited uses in Subsection B above which they did not engage in or employ at the time of enactment of the district and can only expand or replace in kind or rebuild those present uses, activities, equipment or structures on the site or property or record associated with the facility at the time of enactment of the district, and in a manner that improve the environmental and safety technologies already being used. No existing use, activity or structure listed as prohibited use shall be expanded, replaced or rebuilt. This section does not apply to normal maintenance or minor repairs.
(6)
The owners of existing facilities shall comply with the requirements
of this section to provide information, protections, monitoring or
filing not less than six months after the effective date of this section.
E.
Exemptions and waivers.
(1)
Individuals and/or facilities may request the City, in writing, to
permit additional land uses in the district.
(2)
All requests shall be in writing. Such requests may require an environmental
assessment report prepared by a licensed environmental engineer. Said
report shall be forwarded to the City and/or designee(s) for recommendation
and final decision by the Common Council.
(3)
The individual/facility shall reimburse the City for all consultant
fees associated with this review at the invoiced amount plus administrative
costs.
(4)
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 City.
The regulation of an overlay district shall apply in addition
to all other regulations that occupy the same geographic area. The
provisions of any zoning districts that underlay the overlay district
will apply except when provisions of the Groundwater Protection Overlay
District are more stringent.
A.
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 City.
B.
The individual/facility shall be responsible for all costs of cleanup,
including all of the following:
(1)
City consultant fees at the invoice amount plus administrative costs
for oversight, review and documentation.
(2)
The cost of City employees' time associated in any way with cleanup
based on the hourly rate paid to the employee multiplied by a factor
determined by the City representing the City's cost for expense, benefits,
insurance, sick leave, holidays, overtime, vacation, and similar benefits.
(3)
The cost of City equipment employed.
(4)
The cost of mileage reimbursed to City employees attributed to the
cleanup.
C.
Following any such discharge, the City may require additional test
monitoring and/or bonds/securities.
D.
Violations. It shall be unlawful to construct or use any structure,
land or water in violation of this section. The City may, in addition
to any other remedy, seek injunction or restraining order against
the party alleged to have violated the provisions herein, the cost
of which shall be charged to the defendant in such action.[1]
[1]
Editor's Note: Original Subsection (e), Penalties, which immediately
followed this subsection, was repealed 4-14-2015 by Ord. No. 233.
If the provisions of the different chapters of this Code conflict
with or contravene each other, the provisions of each chapter shall
prevail as to all matters and questions arising out of the subject
matter of such chapter. In their interpretation and application, the
provisions of this article shall be held to be the minimum and are
not deemed a limitation or repeal of any other power granted by Wisconsin
Statutes. Where any terms or requirements of this article may be inconsistent
or conflicting, the most restrictive requirements or interpretations
shall apply.
