This article shall be known, cited and referred to as the "Wellhead Protection Ordinance (WHPO)."
The users of the Ledgeview Sanitary District No. 2'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 Ledgeview Sanitary District No. 2's municipal water supply, and to promote the public health, safety and general welfare of the residents of the Sanitary District and the Town of Ledgeview.
These regulations are established pursuant to the authority granted the town by W.S.A. s. 60.61, which provides for groundwater protection in municipal planning and zoning.
The regulations specified in the WHPO shall apply within the Town of Ledgeview's corporate limits.
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 Ledgeview Sanitary District No. 2's water supply system has been estimated to be 25 miles in diameter. The estimate was determined by a hydrogeologic study prepared by the United States Geological Survey (USGS), dated August 1986. The cone of depression underlies the entire Town of Ledgeview.
- FIVE-YEAR TIME OF TRAVEL (5-YR.
- T.O.T.) -- 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
- AREA A -- 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
- The 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.
- 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 - Area A is the lands immediately surrounding the well. Refer to Figure No. 1 attached as Exhibit A. Limitations which are placed on this area are those identified in the Administrative Code and those prohibited uses in Subsection C 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 Wisconsin Administrative Code Section NR 811 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 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.
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 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.
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 Industry, Labor and Job Development (DILJD) or its designated agent under Wisconsin Administrative Code Section ILHR 10.10.
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.
Twelve 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; 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 Industry, Labor and Job Development or its designated agent under Wisconsin Administrative Code Section ILHR 10.10; 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 landspreading.
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.
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 Town of Ledgeview to permit other land uses in the Groundwater Protection Area A.
All requests shall be in writing to the Town of Ledgeview and shall include an environmental assessment report prepared by a licensed professional engineer.
A copy of the environmental assessment report shall be forwarded to the Sanitary District President or designee for recommendation to the Town Board.
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 town.
Insofar as the standards in this section are not inconsistent with the provisions of W.S.A. s. 62.23(7)(h), 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 Town of Ledgeview.
Facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Town of Ledgeview, 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 Town of Ledgeview a contingency plan satisfactory to the Town of Ledgeview for the immediate notification of Town of Ledgeview officials in the event of an emergency.
In the event that the individual and/or facility causes the release of any contaminants which endanger the district, the activity causing said release shall immediately cease and a cleanup satisfactory to the town shall occur.
The individual/facility shall be responsible for all costs of cleanup, town consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.
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 Town Board may institute appropriate action or proceedings to enjoin a violation of this article.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this article shall, upon conviction thereof, forfeit an amount as determined by the Town Board in Chapter 1, General Provisions, Article II, Fees and Penalties, plus the costs of 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 property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.