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Village of Sauk City, WI
Sauk County
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This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter "this article").
A. 
The residents of the Village of Sauk City depend 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 article is to institute land use regulations and restrictions to protect the Village municipal water supply and well fields and to promote the public health, safety and general welfare of the residents of the Village.
B. 
These regulations are established pursuant to the statutory authority granted to villages 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 article to encourage the protection of groundwater resources.
The regulations specified in this article shall apply within the Village boundary limits.
It shall be unlawful to construct or use any structure, land or water in violation of this article.
The area to be protected as the wellhead protection area is the area identified in the map in Appendix E of the Village of Sauk City's Wellhead Protection Plan, which encompasses the area that lies within the five-year time of travel area for each Village well.[1]
[1]
Editor's Note: See the Wellhead Protection Maps included at the end of this chapter.
Subject to the exemptions and waivers listed in § 324-29, the following are the only permitted new uses within the wellhead protection area. Uses not listed are to be considered nonpermitted uses.
A. 
Public open space, including parks, playgrounds, wildlife areas, and nonmotorized trails, such as biking, skiing, nature and fitness trails, provided that there are no on-site waste disposal or fuel storage tank facilities associated with this use.
B. 
Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.
C. 
Municipally sewered business development zoned B-H, B-C or B-N, except for the following uses:
(1) 
Aboveground storage tanks.
(2) 
Asbestos product sales.
(3) 
Automotive service and repair garages and body shops.
(4) 
Blueprinting and photocopying services.
(5) 
Car washes.
(6) 
Equipment repair services.
(7) 
Laundromats and diaper services.
(8) 
Dry cleaning.
(9) 
Gas stations.
(10) 
Holding ponds or lagoons.
(11) 
Infiltration ponds.
(12) 
Nurseries and lawn and garden supply stores.
(13) 
Small engine repair services.
(14) 
Underground storage tanks.
(15) 
Private wells, production wells, injection wells or other nonmunicipal wells.
(16) 
Any other use determined by the Village Zoning Administrator to be similar in nature to the above-listed items.
(17) 
Agricultural uses in accordance with the County Soil Conservation Department's best management practices guidelines.
The separation distances specified in § NR 811.16(4)(d), Wis. Adm. Code, as may be amended from time to time, shall be maintained and shall not be exempted as listed in § 324-29.
A. 
Existing facilities shall provide to the Village copies of all:
(1) 
Facility operation approvals or certificates issued by federal, state and local regulatory agencies within 60 days following the adoption of this article.
(2) 
Applications for federal, state and local facility operation approvals or certificates, at the time such application is made.
(3) 
Federal, state and local facility operation approvals or certificates, at the time such approvals or certificates are issued.
(4) 
Ongoing environmental monitoring reports and results that are made available to federal, state and local regulatory agencies, at the time such reports or results are made available to the regulatory agency.
B. 
Existing facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Village, which may include but is not limited to stormwater runoff management and monitoring.
C. 
Existing facilities shall have the responsibility of devising and filing with the Village a contingency plan satisfactory to the Village for the immediate notification of Village officials in the event of an emergency.
D. 
Existing facilities cannot engage in or employ a nonpermitted use, activity, or structure which they did not engage in or employ at the time of enactment of the wellhead protection area in which they are located and can only replace in kind 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 that wellhead protection area. This subsection does not apply to normal maintenance or minor repairs.
A. 
Individuals and/or facilities may request the Village, in writing, to permit additional land uses in the wellhead protection area.
B. 
All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the Village, and may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the Village and/or designee(s) for recommendation and final decision by the Village Board.
C. 
The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
D. 
Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements and/or bonds and/or securities satisfactory to the Village.
A. 
Any person who is specifically damaged by a violation of this article may institute appropriate action or proceeding to enjoin a violation of this article.
B. 
In the event that an individual and/or facility causes the release of any hazardous substance, as defined under § 292.11(5), Wis. Stats., which endangers the wellhead protection area, the individual and/or facility causing said release shall immediately notify the Village of the release, stop the release and clean up the release to the satisfaction of the Village.
C. 
The individual/facility shall be responsible for all costs of cleanup, including all of the following:
(1) 
Village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.
(2) 
The cost of Village employees' time associated in any way with 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.
(3) 
The cost of Village equipment employed.
(4) 
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/securities.
Any person, firm or corporation who or which fails to comply with the provisions of this article 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.