[HISTORY: Adopted by the Village Board of the Village of
Denmark 11-13-2017 by Ord. No.
2017-04. Amendments noted where applicable.]
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:
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
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.
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.
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.
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.
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.
