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.