[HISTORY: Adopted by the Village Board of the Village of Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 11.1 of the 2000 Code]
This article is intended to prevent unused, unsafe, and/or improperly constructed wells from serving as a passage for contaminated water on or near surface waters or other materials to reach the usable groundwater. These wells must be properly filled and sealed.
As used in this article, the following terms shall have the meanings indicated:
- A natural forming contaminant which shall not exceed 10 parts per billion within a potable water system as stated within the Wisconsin Administrative Code for safe drinking water.
- MUNICIPAL WATER SYSTEM
- Community water system owned by a city, village, county, town, town sanitary district, utility district, public inland lake and rehabilitation district, municipal water district or a federal, state, county, or municipally owned institution for congregate care or correction, or a privately owned water utility serving the foregoing.
- Well or pump installation which does not comply with § NR 812.42, Wisconsin Administrative Code, in Subchapter IV, Standards for Existing Installations, and which has not been granted a variance pursuant to § NR 812.43, Wisconsin Administrative Code.
- PUMP INSTALLATION
- The pump and related equipment used for withdrawing water from a well, including the discharge piping, the underground connections, pitless adapters, pressure tanks, pits, sampling faucets and well seals or caps.
- UNSAFE WELL OR PUMP INSTALLATION
- One which produces water which is bacteriologically contaminated or contaminated with substances which exceeds the drinking water standards of Chapter NR 809, Wisconsin Administrative Code, or for which a health advisory has been issued by the Department of Natural Resources.
- UNUSED WELL OR PUMP INSTALLATION
- One which is not used or does not have a functional pumping system.
- A drill hole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface constructed for the purpose of obtaining groundwater.
- WELL ABANDONMENT
- The proper filling and sealing of a well according to the provisions of § NR 812.26, Wisconsin Administrative Code.
All wells on premises served by the municipal water system shall be properly abandoned in accordance with § 280-5 of this article not later than 90 days from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by Village of Hobart/Hobart Utility District or its agent under terms of § 280-4 of this article.
Owners of wells on premises served by the municipal water system wishing to retain their wells or construct a well for any use shall make applications for a well operation permit for each well at the same time an inside plumbing permit is applied for or prior to the construction of any well. The Village of Hobart/Hobart Utility District or its agent shall grant a permit to a well owner to operate a well for a period not to exceed the maximum license duration provided in State of Wisconsin Administrative Code § NR 810.16(2) in all areas serviced by the municipal water system, providing all conditions of this section are met. A well operation permit may be renewed by submitting an application verifying that the conditions of this section are met. The Village of Hobart/Hobart Utility District or its agent may conduct inspections and water quality tests or require inspections and water quality tests to be conducted at the applicant's expense to obtain or verify information necessary for consideration of permit application or renewal. Permit applications and renewals shall be made on forms provided by the Village of Hobart/Hobart Utility District or its agent. All initial and renewal applications must be accompanied by a fee for the well operation permit and a one-time fee for an inside plumbing permit. These fees will be as established by resolution of the Village Board. The following conditions must be met for issuance or renewal of a well operation permit:
The well and pump installation shall meet the standards for existing installations described in § NR 812.42, Wisconsin Administrative Code.
The well and pump shall have a history of producing safe water and shall meet the requirements of Section 810.16 of the Wisconsin Administrative Code, and any amendments thereto. In the areas served by the municipal water system south of Highway 54, along with the first test and all subsequent tests, the water shall be tested for arsenic. In areas where the Department of Natural Resources has determined that groundwater aquifers are contaminated with substances other than the above mentioned, additional chemical tests may be required to document the safety of the water. All well water samples shall be analyzed by a state-certified lab using the appropriate Safe Drinking Water Act (SDWA) method. Any new well constructed after the effective date of this article must be shown by the owner to be in compliance with this article within six months of construction of the well. In the event that any well is not in compliance, it shall be brought into compliance or abandoned.
[Amended 1-6-2015 by Ord. No. 01-2015; 3-17-2015 by Ord. No. 02-2015]
There shall be no cross-connections between the well's pump installation or distribution piping and the municipal water system.
The water from the private well shall not discharge into a drain leading directly to a public sanitary sewer unless properly metered and authorized by the sewer utility.
The private well shall have a functional pumping system.
The proposed use of the private well shall be justified as reasonable (i.e., lawn watering, gardening, livestock) in addition to water provided by the municipal water system.
All wells abandoned under the jurisdiction of this article shall be done according to the procedures and methods of § NR 812.26, Wisconsin Administrative Code. All debris, pumps, piping, unsealed lines and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
The owner of the well or the owner's agent shall be required to obtain a well abandonment permit prior to any well abandonment and shall notify the Village of Hobart/Hobart Utility District or its agent at least 48 hours in advance of any well abandonment activities. The abandonment of the well may be observed or verified by personnel of the municipal water system.
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Village of Hobart/Hobart Utility District or its agent and the Department of Natural Resources within 30 days of the completion of the well abandonment.
All wells shall be abandoned by a DNR licensed well driller or pump installer contractor. The Village of Hobart shall approve and/or specify the well contractor.
Any well owner violating any provision of this article shall be subject to the penalties provided in § 1-3.
[Amended 1-6-2015 by Ord. No. 01-2015; 3-17-2015 by Ord. No. 02-2015]
If any person fails to comply with this article for more than 30 days after receiving written notice of the violation, the Village of Hobart/Hobart Utility District may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
[Adopted as § 11.2 of the 2000 Code]
This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (WHPO).
The users of the Village of Hobart/Hobart Utility District's water supply system depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can threaten or degrade groundwater quality. The purpose of the WHPO is to institute land use regulations and restrictions to protect the Village of Hobart/Hobart Utility District's municipal water supply, and to promote the public health, safety and general welfare of the residents of the Village of Hobart/Hobart Utility District and the Village of Hobart.
These regulations are established pursuant to the authority granted the Village by the Wisconsin Statutes, including but not limited to §§ 61.34 and 61.35 Wis. Stats., which provide for groundwater protection in municipal planning and zoning.
The regulations specified in the WHPO shall apply within the corporate limits of the Village of Hobart.
No new use or change in use of any structure, or land 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.
As used in this article, the following terms shall have the meanings indicated:
- A saturated, permeable, geologic formation that contains and will yield significant quantities of water.
- CONE OF DEPRESSION
- The cone-shaped area around a well, in which the water level is lowered by pumping of the well. The cone of depression for Well No. 1 of the Village of Hobart/Hobart Utility District's water supply system has been estimated.
- FIVE-YEAR TIME OF TRAVEL (FIVE-YEAR TOT)
- The "five-year TOT" is the outer boundary of the recharge area, of which it is determined or estimated that groundwater and potential contaminants will take five years to reach a pumping well(s).
- GROUNDWATER DIVIDE
- Ridge in the water table or potentiometric surface from which groundwater moves away at right angles in both directions. Line of highest hydraulic head in the water table or potentiometric surface.
- GROUNDWATER PROTECTION AREA
- That area contained on the map attached as Exhibit A and incorporated herein.
- NONCONFORMING USE
- An existing lawful use of land, structure, building or accessory use which is not in conformity with the provisions of this article.
- RECHARGE AREA
- Area in which water reaches the zone of saturation by surface infiltration and encompasses all area or features that supply groundwater recharge to a well.
- WELL FIELD
- A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
The groundwater protection area are the lands immediately surrounding the well. See Exhibit A. Limitations which are placed on this area are those identified in the Wisconsin Administrative Code and those prohibited uses in Subsection D below. The area is an area within a one-thousand-two-hundred-foot radius of the well. The setbacks to contamination sources as set forth in Ch. NR 811, Wis. Adm. Code, shall be part of this article and enforceable under this article.
Administrative Code separation distances.
Intent. The area to be protected are the lands immediately surrounding Hobart Well No. 1. These lands are subject to the most stringent land use and development restrictions because of their close proximity to the well field and the corresponding high threat of contamination.
Separation distances from the municipal well.
Fifty feet between a well and a storm sewer main.
Two hundred feet between a well and any sanitary sewer main, lift station or 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 are pressure tested in place to meet current AWWA 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.
Four hundred feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Department of Agriculture, Trade and Consumer Protection or its designated agent under § ATCP 93.110, Wis. Adm. Code.
One thousand feet between a well and land application of municipal, commercial or industrial waste; 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.
One thousand two hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destruct or, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; 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 Agriculture, Trade and Consumer Protection or its designated agent under § ATCP 93.110, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
Permitted uses. The following uses are permitted within the area:
Prohibited uses. The following uses are prohibited uses within Area A:
Pesticide and/or fertilizer storage and use.
Septage and/or sludge spreading.
Animal waste land spreading.
Animal waste facilities.
Animal confinement facilities.
Vehicle repair establishments, including auto body repair.
Printing and duplicating.
Bus or truck terminals.
Wastewater treatment facilities.
Spray wastewater facilities.
Junkyards or auto salvage yards.
Bulk fertilizer and pesticide facilities.
Asphalt products manufacturing.
Dry cleaning facilities.
Paint and coating manufacturing.
Hazardous and toxic materials storage and use.
Hazardous and toxic waste facilities.
Radioactive waste facilities.
Tire and battery services.
Garage and vehicular towing.
Public and municipal maintenance garages.
Individuals and/or facilities may request the Village of Hobart to permit other land uses in the groundwater protection Area A.
All requests shall be in writing to the Village of Hobart and shall include an Environmental Assessment Report prepared by a licensed professional engineer.
Any permitted uses shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or sureties satisfactory to the Village.
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 nonconforming uses. The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this article may be continued, subject to the following conditions:
No modifications or additions to a nonconforming 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 or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components.
If a nonconforming use is discontinued for 12 consecutive months, any future use of the land, structure or building shall conform with the appropriate provisions of this article.
Facilities shall provide copies of all federal, state and local facility operation approvals or certificate and ongoing environmental monitoring results to the Village of Hobart.
Facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Village of Hobart, which may include but are not limited to stormwater runoff management and monitoring.
Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
Facilities shall have the responsibility of devising and filing with the Village of Hobart a contingency plan satisfactory to the Village of Hobart for the immediate notification of Village of Hobart officials in the event of an emergency.
In the event the individual and/or facility causes the release of any contaminants which endanger the Village of Hobart, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.
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 Board may institute appropriate action or proceedings to enjoin a violation of this article.
Penalties. Any person, firm or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, be subject to the penalties provided in § 1-3. Each day a violation exists or continues shall constitute a separate offense.
The individual/facility shall be responsible for all costs of cleanup, Village consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.