Village of Cottage Grove, WI Chapter 317 Wellhead Protection

[HISTORY: Adopted by the Village Board of the Village of Cottage Grove 9-15-2003 by Ord. No. 11-2003.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Erosion, sediment and water runoff control — See Ch. 163.

Floodplain zoning — See Ch. 183.

Subdivision of land — Ch. 274.

Water and sewers — Ch. 312.

Zoning — See Ch. 325.

[1] Editor's Note: This ordinance also repealed former Ch. 317, Wellhead Protection, adopted 4-20-1992, as amended 3-19-2001 by Ord. No. 01-2001.

§ 317-1 Title.

This chapter shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter "WHP Ordinance").

§ 317-2 Purpose and authority.

A. Purpose. The residents of the Village of Cottage Grove (hereinafter "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 Wellhead Protection Ordinance is to institute land use regulations and restrictions protecting the municipal water supply of the Village and promote the public heath, safety, and general welfare of the residents.

B. Authority. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in § 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.

§ 317-3 Applicability.

The regulations specified in this Wellhead Protection Ordinance shall apply to the incorporated areas of the Village that lie within the recharge areas for municipal water supply wells as defined in § 317-6, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this chapter and the Zoning Ordinance, the more restrictive provision shall apply.

§ 317-4 Definitions.

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.

CONE OF DEPRESSION

The area around a well, in which the water level has been lowered at least 1/10 of a foot by pumping of the well.

EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL POLLUTION

Existing facilities which may cause or threaten to cause environmental pollution within the corporate limits of the Village well fields' recharge areas, which include, but are not limited to, sites listed on the Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, Department of Commerce underground storage tank (hereinafter UST) database and list of facilities with hazardous solid waste permits, all of which are incorporated herein as if fully set forth.

FIVE-YEAR TIME OF TRAVEL

The recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.

GROUNDWATER DIVIDE

A ridge in the water table, or potentiometric surface, which groundwater moves away from at right angles. Also, the line of highest hydraulic head in the water table or potentiometric surface.

MUNICIPAL WATER SUPPLY

The municipal water supply of the Village of Cottage Grove.

PERSON

An individual, partnership, association, corporation, municipality or state agency, or other legal entity.

RECHARGE AREA

The area that encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well.

THIRTY-DAY TIME OF TRAVEL

The recharge area upgradient of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take thirty days to reach a pumping well.

WELL FIELD

A piece of land used primarily for the purpose of locating wells to supply a municipal water system.

WELLHEAD PROTECTION DISTRICT

The area contained in the map attached as Exhibit A and incorporated herein as if fully set forth.[1]

ZONE OF SATURATION

The area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.

[1] Editor's Note: Exhibit A is on file in the Village offices.

§ 317-5 Utility Commission.

The Utility Commission shall provide objective and scientific technical review of requests for conditional use permits and make recommendations to the Village Board to grant or deny conditional use permits based upon the facts discovered in that review, to make recommendations on any and all conditions placed on a conditional use permit and to give notice on matters concerning groundwater.

§ 317-6 Wellhead Protection District.

A Wellhead Protection District has been created to institute land use regulations and restrictions within a defined area, which contributes water directly to a municipal water supply and thus promotes public health, safety and welfare. The District is intended to protect the groundwater recharge area for the existing or future municipal water supply from contamination.

§ 317-7 Supremacy of this District.

The regulations of this District will apply in addition to all other regulations that occupy the same geographic area. The provisions of any zoning districts that are within this overlay District will apply except when provisions of the Wellhead Protection District are more stringent.

§ 317-8 Zones.

The Wellhead Protection District is divided into Zone 1 and Zone 2 as follows:

A. Zone 1 of Wellhead Protection District. Zone 1 is the area of land which contributes water to the Village well field, out to a five-year time of travel to the well. Time of travel delineations are based on modeling completed by the Wisconsin Geological and Natural History Survey and accepted hydrogeological research as outlined in the State of Wellhead Protection Program Plan for Public Water Utilities, Appendix 2. The zone boundaries are normalized to road center lines, parcel lines, railways, surface water features and the public land survey section lines, 1/2, 1/4, 1/8 or 1/16 section lines, wherever possible.

B. Zone 2 of Wellhead Protection District. Zone 2 encompasses the area of land located beyond Zone 1, which contributes water to the well, starting at the line approximately 1,200 feet from the well location and ends at the line delineating the five-year time of travel to the well. Time of travel delineations are based on modeling completed by the Wisconsin Geological and Natural History Survey and accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2. The zone boundaries are normalized to road center lines, parcel lines, railways, surface water features and the public land survey section lines, 1/2, 1/4, 1/8 or 1/16 section lines, wherever possible.

§ 317-9 Wellhead Protection District boundaries.

A. The boundaries of the Wellhead Protection Districts shall be shown on the Village Zoning Map. The locations and boundaries of the zoning districts established by this chapter are set forth on the Village of Cottage Grove Wellhead Protection District Map which is incorporated herein and hereby made a part of this chapter.[1] Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.

[1] Editor's Note: The Wellhead Protection District Map is on file in the Village offices.

B. Zone 1 for the Village well field is delineated on the Wellhead Protection District Map, which is attached and made a part of this chapter.

C. Zone 2 for the Village well field is delineated on the Wellhead Protection District Map, which is attached and made a part of this chapter.

§ 317-10 Permitted uses.

The following permitted uses in Zone 1 and Zone 2 are subject to the separation distance requirements in § 317-11, prohibited uses in § 317-12 and conditional uses in §§ 317-13 and 317-14.

A. Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks or fuel storage tanks associated within this use.

B. Wildlife and natural and woodland areas.

C. Nonmotorized trails such as biking, hiking, skiing, nature, equestrian and fitness trails.

D. Residential which is municipally sewered, free of flammable and combustible liquid and USTs.

E. Routine tillage, planting and field management operations in support of agricultural crop production, where nutrients from legume, manure and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.

F. Any use permitted by the underlying zoning district, except as prohibited by § 317-12 or limited as a conditional use by §§ 317-13 and 317-14.

§ 317-11 Separation distance requirements.

The following separation distances as specified in s. NR 811.16(4)(d), Wis. Adm. Code, shall be maintained:

A. Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications. (NOTE: Current AWWA 600 specifications are available for inspection at the office of the Wisconsin Department of Natural Recourses, the Secretary of State's office and the office of the Revisor of Statutes.)

B. Two hundred feet between a public water supply well and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station.

C. Four hundred feet between a public water supply well and a septic system receiving less than 8,000 gallons per day, or a stormwater detention, retention, infiltration or drainage basin.

D. Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce (hereafter Commerce) or its designated agent under s. Comm 10.10, Wis. Adm. Code.

E. 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 adsorption units receiving 8,000 gallons per day or more.

F. One thousand two 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 Commerce or its designated agent under s. Comm 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

§ 317-12 Prohibited uses in Zone 1.

A. The following uses, whether principal or accessory, are hereby prohibited in Zone 1 of the Wellhead Protection District:

(1) Agricultural use of pesticides, insecticides or fungicides.

(2) Areas for dumping or disposal of garbage, refuse, trash or demolition material.

(3) Application of fertilizer to manicured lawns or grasses shall not exceed the nutrient requirements of the grass.

(4) Asphalt products manufacturing plants.

(5) Automobile laundries and car washes.

(6) Automobile service stations.

(7) Building materials and products sales.

(8) Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.)

(9) Cartage and express facilities.

(10) Cemeteries.

(11) Chemical storage, sale, processing or manufacturing (Standard Industrial Classification Major Group 28).

(12) Coal storage.

(13) Commercial exterior storage of any objects containing petroleum or other hazardous fluids.

(14) Dry cleaners.

(15) Electronic circuit assembly plants.

(16) Electroplating plants.

(17) Exterminating shops/businesses.

(18) Fertilizer manufacturing plants.

(19) Foundries and forge plants.

(20) Garages for repair or servicing of motor vehicles, including body repair, painting or engine rebuilding.

(21) Industrial lagoons and pits or storage of industrial liquid wastes.

(22) Intensive agriculture (i.e., locations of confinement of livestock at a density greater than three head per acre).

(23) Landfills and any other solid waste facility.

(24) Manure and animal waste storage except animal waste storage facilities regulated by the County.

(25) Metal reduction and refinement plants.

(26) Nonmetallic earthen materials extraction or sand and gravel pits.

(27) Motor and machinery service and assembly shops.

(28) Motor freight terminals.

(29) Motorized trails such as snowmobile or RV trails.

(30) Paint products manufacturing.

(31) Petroleum products storage or processing.

(32) Photography studios, including the developing of film and pictures.

(33) Plastics manufacturing.

(34) Printing and publishing establishments.

(35) Pulp and paper manufacturing.

(36) Pesticide and fertilizer dealer, transfer or storage.

(37) Railroad yards and maintenance stations.

(38) Recycling facilities.

(39) Rendering plants and slaughterhouses.

(40) Residential dwelling units on lots less than 15,000 square feet in area, unless they are municipally sewered. However, in any residential district on a lot of record on the effective date of this chapter, a single-family dwelling may be established or maintained regardless of the size of the lot, provided the dwelling complies with all other requirements of the Cottage Grove Zoning Ordinance,[1] and the dwelling has an on-site sewage treatment system receiving less than 8,000 gallons per day, which meets County and state health standards for the effluent, and is in conformance with ch. Comm 83, Wis. Adm. Code.

[1] Editor's Note: See Ch. 325, Zoning.

(41) Salt or deicing material storage.

(42) Salvage or junkyards.

(43) Septage or sludge spreading, storage or treatment.

(44) Septage, wastewater or sewage lagoons.

(45) Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.

(46) Stockyards and feedlots and/or grazing animals at more than two head per acre or with supplemental feed.

(47) Storage, manufacturing or disposal of toxic or hazardous materials.

(48) Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention unless located beyond the separation distance defined in § 317-11.

(49) Underground petroleum products storage tanks for industrial, commercial, residential or other uses.

(50) Wood preserving operations.

(51) Woodworking and wood products manufacturing.

B. In Zone 1, the conditional uses of § 317-14(B) are prohibited.

§ 317-13 Conditional uses in Zone 1.

A. Any person may request a conditional use permit for certain uses, activities and structures within Zone 1 of the Wellhead Protection District.

B. The uses, activities and structures that may be conditionally allowed within Zone 1 are:

(1) Municipally sewered commercial or industrial establishments that comply with all other aspects of this chapter.

C. All requests for a conditional use permit shall be submitted in writing to the Utility Commission and shall include all of the following:

(1) A true to scale site plan map with all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells and two-foot ground elevation contours.

(2) A business plan and/or other documentation that describes in detail the use, activities and structures proposed.

(3) An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities and structures on groundwater quality.

(4) An operational safety plan, which details the operational procedures for material processes and containment, best management practices, stormwater runoff management and groundwater monitoring.

(5) A contingency plan which addresses in detail the actions that will be taken should a contamination event caused by the proposed use, activities or structures occur.

D. The person making the request shall reimburse the Village for consultant fees and expenses associated with this review at the invoiced amount, plus administrative costs.

E. All conditional use permits granted shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply. These conditions shall include all of the following:

(1) Provide current copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the Village.

(2) Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management and groundwater monitoring.

(3) Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.

(4) Prepare, file and maintain a current contingency plan which details the response to any emergency that occurs at the facility, including notifying municipal, County and state officials. Provide a current copy to the Village.

F. The Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Utility Commission. Any conditions above and beyond those specified in Subsection E herein, that are recommended by the Utility Commission may be applied to the granting of the conditional use permit.

§ 317-14 Conditional uses in Zone 2.

A. Any person may request a conditional use permit for certain uses, activities and structures within Zone 2 of the Wellhead Protection District.

B. The uses, activities and structures that may be conditionally allowed within Zone 2 are:

(1) Agricultural uses modified to allow only hay fields or animal husbandry (i.e., grazing animals on growing vegetation with no supplemental feed, at up to three head per acre).

(2) Agricultural use of pesticides, insecticides or fungicides.

(3) Application of fertilizer to manicured lawns or grasses shall not exceed the nutrient requirements of the grass.

(4) Automobile laundries and car washes.

(5) Automobile service stations.

(6) Building materials and products sales.

(7) Commercial or industrial establishments either municipally sewered or utilizing a private on-site wastewater treatment system receiving less than 8,000 gallons per day, which is in conformance with ch. Comm 83, Wis. Adm. Code.

(8) Electronic circuit assembly plants.

(9) Garages for repair or servicing of motor vehicles, including body repair, painting or engine rebuilding.

(10) Mining operations.

(11) Motor and machinery service and assembly shops.

(12) Machine or metal working shops.

(13) Motorized trails such as snowmobile or RV trails.

(14) Photography studios, including the developing of film and pictures.

(15) Plastics manufacturing.

(16) Printing and publishing establishments.

(17) Research labs, universities and hospitals.

(18) Residential dwelling units on lots less than 15,000 square feet in area. However, in any residential district on a lot of record on the effective date of this chapter, a single-family dwelling may be established regardless of the size of the lot, provided the dwelling complies with all other requirements of the Cottage Grove Zoning Ordinance[1] and the dwelling has an on-site sewage treatment system receiving less than 8,000 gallons per day, which meets County and state health standards for the effluent, and is in conformance with ch. Comm 83, Wis. Adm. Code.

[1] Editor's Note: See Ch. 325, Zoning.

(19) Woodworking and wood products manufacturing.

C. All requests for a conditional use permit shall comply with the requirements of § 317-13C through F.

§ 317-15 Requirements for existing facilities which may cause or threaten to cause environmental pollution.

Existing facilities within the Groundwater Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, those types listed in the Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form and all other facilities which are considered a prohibited use in § 317-12, or a conditional use in §§ 317-13 and 317-14, all of which are incorporated herein as if fully set forth.

A. Such facilities as above which exist within the overlay district at the time of enactment of a district shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and on-going environmental monitoring results to the Village.

B. Such facilities as above which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the Village, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, County and state officials.

C. Such facilities as above cannot engage in or employ a use, activity or structure listed in prohibited uses, § 317-12, or in conditional uses, §§ 317-13 and 317-14, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of a district and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity or structure listed as a prohibited use or conditional use shall be expanded, replaced or rebuilt unless a conditional use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.

§ 317-16 Changing technology.

A. The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low- or non-risk materials or methods, upon petition from such use, after conferring with the Utility Commission or other expert opinion, and after appropriate public notice and hearing, the Village, through appropriate procedures and actions to change these provisions of the Village Municipal Code, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.

B. In dealing with uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible.

C. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.

§ 317-17 Enforcement and penalty.

A. Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this chapter shall be subject to a penalty pursuant to Chapter 1, General Provisions, § 1-19 of this Code.

B. Injunction. The Village may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provisions herein, the cost of which shall be charged to the defendant in such action.

C. Cleanup costs. As a substitute for and in addition to any other action, the Village may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a Ground Water Protection Overlay District shall immediately cease such discharge and immediately initiate cleanup satisfactory to the Village and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant or other contractor fees, including all administrative costs for oversight, review and documentation, including the Village employees, equipment and mileage.

(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 Village employees attributed to the cleanup.

D. Following any such discharge, the Village may require additional test monitoring and/or bonds/sureties as outlined in § 317-13E.

§ 317-18 Conflict, interpretation and severability.

A. Conflict and interpretation of provisions. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter. In their interpretation and application, the provisions of this chapter shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.

B. Severability of Code provisions. If any section, subsection, sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The Village Board hereby declares that they would have passed this Code and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.