(a) Title. This overlay district shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereinafter referred to as "WHP District").
(b) Purpose, Authority and Application.
(1) Intent. Residents in the Village of Edgar 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 WHP District is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the Village of Edgar.
(2) Statutory Authority. The Wisconsin Legislature authorizes villages to enact these regulations pursuant to Secs. 62.23(7)(a) and (c), and 61.35, Wis. Stats. Under these statutes, the Village has the authority to enact this Section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.
(3) Applicability. The regulations specified in this WHP District shall apply within the Village's corporate limits.
(c) Definitions. As applicable in this Section:
(1) Aquifer. A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
(2) Existing Facilities. Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the Village's wellhead protection area that lies within the corporate limits of the Village of Edgar. Existing facilities include, but are not limited to, the type listed in the Wisconsin Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein as if fully set forth.
(3) Wellhead Protection Management Area. The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area extends beyond the corporate limits of the Village of Edgar. This area is indicated as the combined area of Zones I, 2 and 3 on the map attached as Exhibit A, on file with the Village Administrator, and incorporated herein be reference.
(4) Groundwater Protection Overlay District. That portion of the recharge area for the Village wells that lies within the Village limits as of the date of passage of this Section. As of the date of passage, this area is indicated as the combined Zones I and 2 on the map attached hereto as Exhibit A, on file with the Village Administrator, and incorporated herein by reference. This area may be expanded as additional property is annexed into the Village of Edgar.
(5) Well Field. A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
(6) Regulated Substance. Chemicals and chemical mixtures that are health hazards. Health hazards for chemicals and chemical mixtures are typically identified on Material Safety Data Sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption for humans or animals are not considered regulated substances. "Regulated substances" include, but are not limited to:
a. Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard Definitions (Mandatory)".
b. Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
c. Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one (1.0) percent or greater of the composition on weight per unit weight basis.
d. Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth of one percent (0.1%) or greater of the composition on a weight per unit weight basis.
e. Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than one-tenth of one percent (0.1%) of the mixture on a weight per unit weight basis if carcinogenic, or more than one percent (1.0%) of the mixture on a weight per unit weight basis if non-carcinogenic,
f. Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).
(d) Groundwater Protection Zone Separation Distances. The following minimum separation distances as specified in NR 811.16(4)(d), Wis. Adm. Code, shall be maintained within the Groundwater Protection Overlay District:
(1) A separation distance of five hundred (500) feet as documented in the current Wellhead Protection Plan shall be maintained around all wells.
(2) Fifty (50) feet between a well and stormwater sewer main.
(3) Two hundred (200) feet between a well and any sanitary sewer main, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than fifty (50) feet.
(4) Four hundred (400) feet between a well and a septic tank or soil absorption unit receiving less than eight thousand (8,000) gallons per day, a cemetery or a stormwater drainage pond.
(5) Six hundred (600) feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Safety and Professional Services or its designated agent under SPS 10.10, Wis. Adm. Code.
(6) One thousand (1,000) feet between a well and land application of municipal, commercial or industrial, commercial or municipal waste; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving eight thousand (8,000) gallons per day or more.
(7) Twelve hundred (1,200) feet between a well and any solid waste storage, transporta- tion, 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 the Wisconsin Department of Safety and Professional Services or its designated agent under SPS 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
(e) Overlay District Zones. The Overlay District is hereby into Zones 1, 2 and 3:
(1) Zone 1.. Identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contamination to the municipal wells. Zone 1 is comprised of a circle with a diameter of two thousand four hundred (2,400) feet with the municipal well at its center. Zone 1 is more restrictive than Zones 2 or 3:
a. Permitted Uses - Zone 1. The following uses are permitted uses within the Groundwater Protection Zone 1:
1. Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.
2. Playgrounds.
3. Wildlife areas.
4. Non-motorized trails, such as bike, skiing, nature and fitness trails.
5. Residential property which is municipally sewered, and free of Regulated Substances, above ground or underground storage tanks (USTs).
6. Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Section 13-1-182.
b. Prohibited Uses - Zone I. The following uses are prohibited uses within the Groundwater Protection Zone I. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses:
1. Underground storage tanks of any size.
2. Septage and/or sludge spreading.
3. Animal waste landspreading.
4. Animal confinement facilities.
5. Animal confinement facilities.
6. Gas stations.
7. Vehicle repair establishments, including auto body repair.
8. Printing and duplicating businesses.
9. Any manufacturing or industrial businesses.
10. Bus or truck terminals.
11. Repair shops.
12. Landfills or waste disposal facilities.
13. Wastewater treatment facilities.
14. Spray wastewater facilities.
15. Junk yards or auto salvage yards.
16. Bulk fertilizer and/or pesticide facilities.
17. Asphalt products manufacturing.
18. Dry cleaning businesses.
19. Salt storage.
20. Electroplating facilities.
21. Exterminating businesses.
22. Paint and coating manufacturing.
23. Hazardous and/or toxic materials storage.
24. Hazardous and/or toxic waste facilities.
25. Radioactive waste facilities.
26. Recycling facilities.
27. Cemeteries.
c. Pre-Existing Prohibited Uses - Zone I. Where any of the uses listed above exist within Groundwater Protection Zone 1 on the original effective date of this Section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board, and an appropriate permit must be issued by the Village Administrator prior to beginning any work. Expansion of the prohibited use will not be allowed.
(2) Zone 2. Identified as a secondary source of water for the municipal wells because of its location in the Wellhead Protection Management Area and its location in the area identified as the five-year-time-of-travel area - meaning that area within which contamination would reach the Village well within a period of five (5) years. Zone 2 is less restrictive than Zone 1, but more restrictive than Zone 3:
a. Permitted Uses - Zone 2. The following uses are permitted uses within the Groundwater Protection Zone 2.
1. All uses listed as permitted uses in Zone 1.
2. Modified agricultural activities, including any crop free of pesticides and/or synthetic fertilizers.
3. Above-ground petroleum product storage tanks less than six hundred sixty (660) gallons. All new or replaced tanks shall be installed in compliance with SPS 10, Wis. Adm. Code.
4. Residential, commercial and industrial property which is municipally sewered.
5. Siting and construction of any new mobile support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per Section 13-1-182.
b. Prohibited Uses - Zone 2. The following uses are prohibited uses within Groundwater Protection Zone 2. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses unless specifically listed above under "Permitted Uses."
1. Underground storage tanks of any size.
2. Unsewered commercial and/or industrial development.
3. Septage and/or sludge spreading.
4. Animal waste facilities.
5. Animal confinement facilities (except veterinary hospitals and clinics).
6. Gas stations and oil change businesses.
7. Printing and duplicating businesses which use hazardous chemicals as defined by the EPA in their printing process.
8. Bus or truck terminals.
9. Landfills.
10. Wastewater treatment facilities.
11. Spray wastewater facilities.
12. Auto salvage yards.
13. Bulk fertilizer and/or pesticide facilities.
14. Asphalt products manufacturing.
15. Dry cleaning facilities.
16. Electroplating facilities.
17. Exterminating shops.
18. Paint and coating manufacturing.
19. Hazardous and/or toxic materials storage.
20. Hazardous and/or toxic waste facilities.
21. Radioactive waste facilities.
c. Pre-Existing Prohibited Uses - Zone 2. Where any of the uses listed above exist within Groundwater Protection Zone 2 on the original effective date of this Section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission. and Village Board, and appropriate permit issued by the Village Administrator prior to beginning any work. Expansion of the prohibited use will not be allowed.
(3) Zone 3. Identified as that portion of the Wellhead Protection Management Area which excludes those areas within Zone 1 and Zone 2:
a. Permitted Uses - Zone 3. All uses listed as permitted in Zone 1 and Zone 2. Individuals and/or facilities may make a request to the Village Board to permit additional land uses in Zone 3.
(4) Mapping. The location and boundaries of the zoning districts established by this Chapter are set forth on the attached Exhibit "A", on file with the Village Administrator, which is incorporated herein and hereby made a part of this Chapter by reference. This 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.
(f) Review of Permit Application.
(1) Review of Applications. The Village of Edgar Plan Commission shall review all requests for approval of permits for land uses in the Groundwater Protection Overlay District and make recommendations thereon to the Village Board. All determinations shall be made by the Village Board within sixty (60) days of any request for approval, provided however, that this sixty (60) day period of limitation may be extended by the Village Board for "good cause", as determined in its sole and absolute discretion.
(2) Review Factors. Upon reviewing all requests for approval, the Plan Commission and Village Board shall consider all of the following factors:
a. The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
b. The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater quality in the Village of Edgar or the Village's recharge area.
c. The economic hardship which may be faced by the landowner if the application is denied.
d. The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
e. The proximity of the applicant's property to other potential sources of contamination.
f. The then-existing condition of the Village's groundwater public water wells and well fields, and the vulnerability to further contamination.
g. The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
h. Any other hydrogeological data or information which is available from any public or private agency or organization.
i. The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
(3) Exemptions; Conditional Use Requirement. Any exemptions granted will require a conditional use permit which may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. The Village Board may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.
(4) Applicant's Responsibility for Costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application, including all of the following:
a. The cost of an environmental impact study if so required by the Village of Edgar or its designee.
b. The cost of groundwater monitoring or groundwater wells if required by the Village of Edgar or its designee.
c. The costs of an appraisal for the property or other property evaluation expense if required by the Village of Edgar or its designee.
d. The costs of Village employee's time associated in any way with the application based on the hourly rate paid to the employee multiplied by a factor, determined by the Village, representing the Village's costs for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and other similar benefits.
e. The cost of Village equipment employed.
f. The cost of mileage reimbursed to the Village employees.
(g) Requirements for Existing Facilities and Land Uses.
(1) Certifications. Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village of Edgar.
(2) Monitoring. Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village of Edgar, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
(3) Equipment Replacement. Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(4) Emergency Contingency Plans. Existing facilities shall have the responsibility of devising and/or filing with the Village of Edgar, a contingency plan satisfactory to the Village Board for the immediate notification of the appropriate Village of Edgar for the immediate notification of the appropriate Village of Edgar officers in the event of an emergency.
(5) Existing Agricultural Uses. Property owners with an existing agricultural use shall be exempt from requirements of this Section as they relate to restrictions on agricultural uses, provided, however, that such exemption shall only apply to the property owners in existence at the time of original passage of the Section and this exemption shall not constitute a covenant running with the land.
(h) Enforcement and Penalties.
(1) Cease and Desist; Cleanup. In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing such release shall immediately cease and desist, and provide cleanup satisfactory to the Village of Edgar.
(2) Cleanup Costs. The individual/facility shall be responsible for all costs of cleanup and any Village of Edgar consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:
a. The cost of Village employee's 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.
b. The cost of Village equipment employed.
c. The cost of mileage reimbursed to the Village employees attributed to the cleanup.
d. Village consultant fees at invoice, plus administrative costs for oversight, reviews and recommendations.
(3) Additional Monitoring. Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in Subsection (g) herein.
(4) Violations. It shall be unlawful to construct or use any structure, land or water in violation of this Section. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this Section.
(5) Penalties. Any person, firm or corporation who fails to comply with the provisions of this Section shall, upon conviction thereof, be subject to the enforcement and penalties provisions of Section 1-1-6.