[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:
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
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.
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.
The municipal water supply of the Village of Osceola.
An individual, partnership, association, corporation, municipality
or state agency, or other legal entity.
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.
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.
The Village of Osceola.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
The area of unconsolidated, fractured or porous material
that is saturated with water and constitutes groundwater.
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.
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.
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.
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.