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Village of Osceola, WI
Polk County
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Table of Contents
Table of Contents
[Added 1-8-2002 by Ord. No. 02-01]
A. 
Purpose. The residents of the 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 article is to institute land use regulations and restrictions protecting the municipal water supply of the Village and promote the public health, safety and general welfare of the residents.
B. 
Authority. Statutory authority of the Village is found in s. 62.23(7)(c) W.S.A. in the statutory authorization to protect the public health, safety and welfare to specifically encourage the protection of groundwater resources.
The regulations specified in this wellhead protection article shall apply to the incorporated areas of the Village that lie within the recharge areas for municipal water supply wells as defined in § 219-76 and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this article and the Zoning Ordinance, the more restrictive provision shall apply.
For purposes of this article, certain words are defined as follows:
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 one-tenth of a foot by pumping of the well.
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.
MUNICIPAL WATER SUPPLY
The municipal water supply of the Village of Osceola.
PERSON
An individual, partnership, association, corporation, municipality or state agency, or other legal entity.
RECHARGE AREA
The area which 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 the groundwater will take 30 days to reach a pumping well.
VILLAGE
The Village of Osceola.
WELL FIELD
A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
ZONE OF SATURATION
The area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.
A. 
The Groundwater Technical Review Committee shall consist of:
(1) 
Village Engineer.
(2) 
Operator-in-Charge of Water Utility.
(3) 
Senior Water Utility Worker, not Operator-in-Charge.
(4) 
Building Inspector.
(5) 
Village Administrator.
B. 
The purpose of the Groundwater Technical Review Committee is to provide objective and scientific technical review of requests for conditional use permits and make recommendations to the Plan Commission 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 give advice on matters concerning groundwater.
A Groundwater Protection Overlay District is hereby created to institute land use regulations and restrictions within a defined area which contributes water directly to the 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.
The regulations of this Overlay District shall apply in addition to all other regulations which govern the same geographic area. The provisions of zoning districts that underlay this Overlay District will apply except when provisions of the Groundwater Protection Overlay District are more stringent.
The Groundwater Protection Overlay District is divided into Zone 1 and Zone 2 as follows (see attached maps and parcel lists.[1]):
A. 
Zone 1 of the Groundwater Protection Overlay District. Zone 1 is the area of land which contributes water to the well in question, out to a thirty-day time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2, with zone boundaries normalized to land parcels.
B. 
Zone 2 of the Groundwater Protection Overlay District. Zone 2 encompasses the area of land which contributes water to the well starting at the line which delineates the thirty-day time of travel and ends at the line delineating the five-year time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2, with zone boundaries normalized to land parcels.
[1]
Editor's Note: Said maps and parcel lists are on file in the Village offices.
A. 
The boundaries of the Groundwater Protection Overlay Districts shall be shown on the Village Zoning Map. The locations and boundaries of the zoning districts established by this article are set forth on the Wellhead Protection Area Map[1] which is incorporated herein and hereby made a part of this Article. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this Article as though fully set forth and described herein.
[1]
Editor's Note: Said map is on file in the Village offices.
B. 
Zone 1 is delineated on the Wellhead Protection Area Map and includes the parcels of land identified by parcel numbers listed thereon.
C. 
Zone 2 is delineated on the Wellhead Protection Area Map and includes the parcels of land identified by parcel numbers listed thereon.
A. 
The following permitted uses in Zone 1 are subject to the separation distance requirements and prohibited uses, § 219-82:
(1) 
Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks.
(2) 
Wildlife and natural and woodland areas.
(3) 
Biking, hiking, skiing, nature, equestrian and fitness trails.
(4) 
Residential which is municipally sewered.
(5) 
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.
B. 
The following permitted uses in Zone 2 are subject to the separation distance requirements, § 219-81, 219-84, and prohibited uses, § 219-82:
(1) 
All of the uses permitted in Zone 1.
(2) 
Residences which are municipally sewered.
(3) 
Commercial establishments which are municipally sewered.
(4) 
Industrial establishments which are municipally sewered.
(5) 
Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons.
The following separation distances, as specified in NR 811.16, 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.
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 or single-family residential fuel oil tank.
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.
A. 
The following uses are prohibited in Zones 1 and 2:
(1) 
Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.)
(2) 
Cemeteries.
(3) 
Chemical manufacturers (Standard Industrial Classification Maj or Group 28).
(4) 
Coal storage.
(5) 
Dry cleaners.
(6) 
Industrial lagoons and 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) 
Nonmetallic earthen materials extraction or sand and gravel pits.
(10) 
Pesticide and fertilizer dealer, transfer or storage.
(11) 
Railroad yards and maintenance stations.
(12) 
Rendering plants and slaughterhouses.
(13) 
Salt or deicing material storage.
(14) 
Salvage or junk yards.
(15) 
Septage or sludge spreading, storage or treatment.
(16) 
Septage, wastewater, or sewage lagoons.
(17) 
Private on-site wastewater treatment systems or holding tanks.
(18) 
Stockyards and feedlots.
(19) 
Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention.
(20) 
Motor vehicular services, including filling and service stations, repair, renovation and body working.
(21) 
Wood preserving operations.
B. 
In Zone 1, the conditional uses of § 219-83B are prohibited.
A. 
Any person may request a conditional use permit for certain uses, activities and structures within Zone 2 of the Groundwater Protection Overlay District not prohibited in § 219-82.
B. 
The uses, activities and structures that may be conditionally allowed within Zone 2 are:
(1) 
Jewelry plating and metal plating.
(2) 
Machine or metal working shops.
(3) 
Research labs, universities and hospitals.
(4) 
Exposed hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.) This shall not apply to residential LP gas tanks which are permitted under § 219-80A(5).
(5) 
Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, NR 140, Wis. Adm. Code. (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)
C. 
All requests for a condition use permit shall be submitted in writing to the Village Building Inspector and shall include:
(1) 
A 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 which 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 Technical Review Committee 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, but not be limited to:
(1) 
Provide current copies of all federal, state and local facility operation approval or certificates and ongoing 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 which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the Village.
F. 
The Plan Commission shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Groundwater Technical Review Committee. Any conditions above and beyond those specified in the conditional uses, Subsection E herein, that are recommended by the Groundwater Technical Review Committee may be applied to the granting of the conditional use permit.
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, the Wisconsin Department of Natural Resources draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Wisconsin Department of Industry, Labor and Human Relations' list of underground storage tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in prohibited uses, § 219-82, or a conditional use in conditional uses, § 219-83, all of which are incorporated herein as if fully set forth.
A. 
Such facilities as above which exist within the 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 ongoing 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, § 219-82, or in conditional uses, § 219-83, 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.
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 nonrisk materials or methods, upon petition from such use, after conferring with the Groundwater Technical Review Committee 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 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. 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.
A. 
Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this Article shall be subject to a penalty as provided in Chapter 1, § 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 Groundwater 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.
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 Article 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 Article may be inconsistent or conflicting, the most restrictive requirement or interpretation shall apply.
B. 
Severability. If any section, subsection, sentence, clause or phrase of the article 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 article 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.