Village of Denmark, WI
Brown County
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[HISTORY: Adopted by the Village Board of the Village of Denmark 11-13-2017 by Ord. No. 2017-04. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 296.
Zoning — See Ch. 315.
This chapter shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereinafter referred to as "WHP Ordinance").
A. 
Residents in the Village of Denmark 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 WHP Ordinance is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the Village.
B. 
Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in §§ 61.35 and 62.23(7)(a) and (c), Wis. Stats. Under these statutes, the Village has the authority to enact this chapter, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.
As used in this chapter, the following terms shall have the meanings indicated:
AQUIFER
A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
EXISTING FACILITIES
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.
GROUNDWATER PROTECTION OVERLAY DISTRICT
That portion of the recharge area for the Village wells that lies within the Village limits as shown in the map attached hereto as Exhibit A[1] and described as the "wellhead protection area" in the Village's wellhead protection plan which is incorporated herein as if fully set forth.
RECHARGE AREA
The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area may extend beyond the corporate limits of the Village.
WELLHEAD PROTECTION AREA
The area described in the Village's wellhead protection plan as the wellhead protection area, which is derived from hydrologic studies and is based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the pumping well and normalized to convenient natural and political boundaries.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A. 
Separation distances. The following minimum separation distances as specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained within the Groundwater Protection Overlay District:
(1) 
Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double-wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the 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.
(2) 
Fifty feet between a well and storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the four psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shut-off head. (Note: Current AWWA C600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's office and the office of the Revisor of Statutes.)
(3) 
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.
(4) 
Three hundred feet between a well field 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, 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) 
Three hundred feet between a well field 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.
(6) 
Four hundred feet between a well field 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.
(7) 
Six hundred feet between a well field 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, 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.
(8) 
One thousand feet between a well field 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.
(9) 
Twelve hundred feet between a well field 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 Ch. NR 140, Wis. Adm. Code, enforcement standards; 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.
B. 
Permitted uses. The following uses are permitted uses within the overlay district. Uses not listed shall be considered prohibited 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) 
Non-motorized trails, such as bike, skiing, nature and fitness trails.
(5) 
Residential, commercial and industrial property which is municipally sewered and free of flammable and combustible liquid and underground storage tanks (USTs).
C. 
Conditional uses. The following uses may be conditionally permitted in the Groundwater Protection Overlay District subject to the separation distances in Subsection A:
(1) 
Hydrocarbon, petroleum, or hazardous chemical storage tanks. [Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.]
(2) 
Motor vehicle services, including filling and service stations, repair, renovation and body work.
(3) 
Pesticide and/or fertilizer dealer, transfer or storage facilities.
(4) 
Geothermal wells, also known as ground source heat pump, along with any associated piping and/or ground loop component installations.
D. 
Prohibited uses. The following uses are prohibited in the Groundwater Protection Overlay District. These uses are prohibited based on the elevated risk of groundwater contamination caused by the activities routinely associated with these uses (storage, use, and handling of potential pollutants).
(1) 
Cemeteries.
(2) 
Chemical manufacturers (Standard Industrial Classification Major Group 28).
(3) 
Coal storage.
(4) 
Dry cleaners.
(5) 
Electroplating facilities.
(6) 
Industrial waste storage lagoons or pits.
(7) 
Landfills and any other solid waste facility, except post-consumer recycling.
(8) 
Manure and animal waste storage except animal waste storage facilities regulated by the county.
(9) 
Mining of any kind, including metallic, sulfide and aggregate.
(10) 
Pesticide and fertilizer dealer, manufacturing, transfer or storage facilities.
(11) 
Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.
(12) 
Railroad yards and maintenance stations.
(13) 
Rendering plants and slaughterhouses.
(14) 
Salt or deicing material bulk storage.
(15) 
Salvage yards or junkyards.
(16) 
Septage or sludge spreading, storage or treatment.
(17) 
Septage, wastewater, or sewage lagoons.
(18) 
Stockyards and feedlots.
(19) 
Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention.
(20) 
Wood preserving operations.
(21) 
Any other use determined by the Village Board to be similar in nature to the above-listed uses.
A. 
The Village of Denmark Village Board shall review all requests for approval of permits for land uses in the Groundwater Protection Overlay District. All determinations shall be made by the Village Board within 60 days of any request for approval; provided, however, that this sixty-day period of limitation may be extended by the Village Board for good cause, as determined in the sole and absolute discretion of the Village Board.
B. 
Upon reviewing all requests for approval, the Village Board shall consider all of the following factors:
(1) 
The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
(2) 
The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater quality in the Village or the Village's recharge area.
(3) 
The economic hardship which may be faced by the landowner if the application is denied.
(4) 
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
(5) 
The proximity of the applicant's property to other potential sources of contamination.
(6) 
The then existing condition of the Village's groundwater, public water wells and well fields, and the vulnerability to further contamination.
(7) 
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
(8) 
Any other hydrogeological data or information which is available from any public or private agency or organization.
(9) 
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
C. 
Any exemptions granted will be made conditional and may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases of harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. The Village Board may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.
D. 
The applicant shall be solely and exclusively responsible for any and all costs associated with the application, including all of the following:
(1) 
The cost of an environmental impact study if so required by the Village or its designee.
(2) 
The cost of groundwater monitoring or groundwater wells if required by the Village or its designee.
(3) 
The costs of an appraisal for the property or other property evaluation expense if required by the Village or its designee.
(4) 
The costs of Village employees' time associated in any way with the application based on the hourly rate paid to the employee multiplied by a factor, determined by the Village, representing the Village's costs for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and other similar benefits.
(5) 
The cost of Village equipment employed.
(6) 
The cost of mileage reimbursed to the Village employees.
A. 
Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village.
B. 
Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village Board, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
C. 
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
D. 
Existing facilities shall have the responsibility of divising and/or filing with the Village a contingency plan satisfactory to the Village Board for the immediate notification of the appropriate Village officers in the event of an emergency.
E. 
Property owners with an existing agricultural use shall be exempt from requirements of this chapter as they relate to restrictions on agricultural uses; provided, however, that such exemption shall only apply to the property owners in existence at the time of passage of this chapter, and this exemption shall not constitute a covenant running with the land.
A. 
In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing said release shall immediately cease and desist, and provide cleanup satisfactory to the Village.
B. 
The individual/facility shall be responsible for all costs of cleanup and the Village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:
(1) 
The cost of Village employees' time associated in any way with the 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.
(2) 
The cost of Village equipment employed.
(3) 
The cost of mileage reimbursed to the Village employees attributed to the cleanup.
C. 
Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in §§ 302-6 and 302-7 herein.
D. 
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this chapter. Any person who is specifically damaged by such violations may institute appropriate action or proceed to enjoin a violation of this chapter.
E. 
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $500 plus the costs of the prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or, in the alternative, shall have such costs added to his or its real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.