[Added 10-11-1999 by Ord. No. 30]
A.
The residents of the Village of Greenville (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 article 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.
These regulations are established pursuant to the authority granted
by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective
May 11, 1984),[1] which specifically added groundwater protection to the
statutory authorization for municipal planning and zoning in order
to protect the public health, safety and welfare.
[1]
Editor's Note: See § 160.34, Wis. Stats.
The regulations specified in this article shall apply within
the Village boundary limits.
As used in this article, the following terms shall have the
meanings indicated:
Existing facilities which may cause or threaten to cause
environmental pollution within the corporate limits of the Village's
well field recharge areas, which include but are not limited to the
Wisconsin Department of Natural Resources (hereafter "DNR") draft
list of "Inventory Sites of Facilities Which May Cause of Threaten
to Cause Environmental Pollution," Department of Industry Labor and
Human Relations (hereafter "DILHR") list of Underground Storage Tanks
(hereafter USTs) and list of facilities with hazardous solid waste
permits, all of which are incorporated herein as if fully set forth.
Ridge in the water table, of the potentiometric surface,
from which groundwater flows away at right angles in both directions.
Line of highest hydraulic head in the water table or potentiometric
surface.
That area described within the wellhead protection plan.
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 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.
(Hereafter "District").
A.
Intent. The area to be protected is the Greenville well fields, recharge
areas extending to the groundwater divide or a five-year time of travel,
as determined through the use of EPA's WHPA computer groundwater model,
contained within the Village 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.
Permitted uses. Subject to the exemptions listed in Subsection E, 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 airport, industrial,
commercial local, commercial regional, or commercial planned, except
for the following uses:
(a)
Aboveground storage tanks.
(b)
Asbestos product sales.
(c)
Automotive service and repair garages, body shops.
(d)
Blueprinting and photocopying services.
(e)
Car washes.
(f)
Equipment repair services.
(g)
Laundromats and diaper services.
(h)
Dry cleaning.
(i)
Gas stations.
(j)
Holding ponds or lagoons.
(k)
Infiltration ponds.
(l)
Nurseries, lawn and garden supply stores.
(m)
Small-engine repair services.
(n)
Underground storage tanks.
(o)
Wells, private, production, injection or other.
(p)
Any other use determined by the Village Zoning Administrator
to be similar in nature to the above-listed items.
(7)
Agricultural uses in accordance with the County Land Conservation
Department's best management practices guidelines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Separation distances. The following separation distances as specified in the Wisconsin Administrative Code Chapter NR 811 shall be maintained for all wells and shall not be exempted as listed in Subsection E:
(1)
Separation distance of 500 feet as documented in the Wellhead Protection
Plan shall be maintained.
(2)
Fifty feet between a well and a storm sewer main.
(3)
Two hundred feet between a well and any sanitary sewer main, 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 600 specifications. In no case
may the separation distance between a well and a sanitary sewer main
be less than 50 feet.
(4)
Four hundred feet between a well and a septic system, tank, or drain
field, and receiving less than 8,000 gallons per day, a cemetery or
a stormwater drainage pond.
(5)
Six hundred feet between a well and any gasoline or fuel oil storage
tank installation that has received written approval form DILHR or
its designated agent under § ILHR 10.10, Wis. Adm. Code.
(6)
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 soils absorption units receiving 8,000
gallons per day or more.
(7)
One thousand two hundred feet between a well and any solid waste
storage, transportation, transfer, incineration, air curtain destructor,
processing, one-time disposal or small demolition facility; sanitary
landfill; coal storage area; gasoline or fuel oil storage tanks that
have not received written approval from DILHR or its designated agent
under Ch. ATCP 93; bulk fuel storage facilities and pesticide handling
or storage facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Requirements for existing facilities.
(1)
Facilities shall provide copies of all federal, state, and local
facility operation approvals or certificate and ongoing environmental
monitoring results to the Village.
(2)
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)
Facilities shall replace equipment or expand in a manner that improves
the existing environmental and safety technologies already in existence.
(4)
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.
Exemptions and waivers.
(1)
Individuals and/or facilities may request the Village, in writing,
to permit additional land uses in the Village.
(2)
All requests shall be in writing, whether on or in substantial compliance
with forms to be provided by the Village and 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)
The individual/facility shall reimburse the Village 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 Village.
B.
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.
(1)
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 Villages cost for expenses,
benefits, insurance, sick leave, holidays, overtime, vacation, and
similar benefits.
(2)
The cost of Village equipment employed.
(3)
The cost of mileage reimbursed, to Village employees attributed to
the cleanup.
C.
Following any such discharge, the Village may require additional
test monitoring and/or bonds/securities.