(A) Purpose, authority and application.
(1) Purpose. Residents in 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 section 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.
(2) Authority. Statutory authority of the village to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. § 62.23(7) (am) and (c). 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) Application. The regulations specified in this section shall apply within the village's corporate limits.
(B) Definitions.
(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. Existing facilities include, but are not limited to, the type listed in the 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) RECHARGE 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.
(4) GROUNDWATER PROTECTION OVERLAY DISTRICT. That area described with the Village's Wellhead Protection Plan.
(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.
(C) Groundwater Protection Overlay District.
(1) Separation distances. The following minimum separation distances shall be maintained within the Groundwater Protection Overlay District.
(a) Fifty feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double wall above ground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of Wis. Admin Code ATCP 93.260 and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under Wis. Admin. Code ATCP 93.110.
(b) Fifty feet between a well and storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the 4 psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shutoff head.
NOTE: Current AWWA C600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's office and the office of the Revisor of Statutes.
(c) Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or above ground storage tank or POWTS treatment tank or holding tank component and associated piping.
(d) Three hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under Wis. Admin. Code 93.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(e) Three hundred feet between a well and any farm above ground storage tank with double -wall, or single wall tank with other secondary containment and under a canopy; other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with interstitial monitoring for a double wall tank or electric leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under Wis. Admin. Code ATCP 93.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(f) Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a storm water retention or detention pond.
(g) Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of § ATCP 93.260 and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § 93.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(h) One thousand feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Wis. Admin. Code chapter NR 718 while that facility is in operation; agricultural, industrial, commercial or municipal waste water treatment units, lagoons or storage structures; manure stacks or storage structures; and POWTS dispersal component with a design capacity of 12,000 gallons per day or more.
(i) Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wis. Admin. Code NR 140 enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm above ground storage or any other single wall underground storage tank or above ground storage tank that has not received written approval from the Department of Safety and Professional Services or its Local Program Operator under Wis. Admin. Code 93.110 for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.
(2) Overlay district. The following uses are permitted uses within the groundwater protection district. Uses not listed shall be considered prohibited uses:
(a) Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.
(b) Playgrounds.
(c) Wildlife areas.
(d) Non-motorized trails, such as bike, skiing, nature and fitness trails.
(e) Residential, commercial and industrial property, which is municipally sewered, and free of flammable and combustible liquid and underground storage tanks (USTs).
(3) Mapping. The location and boundaries of the zoning overlay district established by this section are set forth in the Village Wellhead Protection Plan. Said plan, together with everything shown therein and all amendments thereto, shall be as much a part of this section as though fully set forth and described herein.
(4) Land use permit. All owners or developers of property within the Groundwater Protection Overlay District shall be required to obtain a land use permit from the Village Board prior to constructing or reconstructing any structure within the District.
(D) Review of permit application.
(1) The Village Board shall grant or deny all requests for approval of land use permits for land uses in the Groundwater Protection Overlay District. All determinations shall be made after review by the Plan Commission, which review shall occur within 30 days of any request for approval. The Village Board shall determine whether to grant or deny the permit within 30 days after receipt of the recommendation of the Plan Commission, provided however, that this 60-day period of limitation may be extended by the Board for “good cause”, as determined in the sole and absolute discretion of the Board.
(2) Upon reviewing all requests for approval, the 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 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 hydro geological 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) Any exemptions granted will be made conditional and 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) 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 or its designee.
(b) The cost of groundwater monitoring or groundwater wells if required by the village or its designee.
(c) The costs of an appraisal for the property or other property evaluation expense if required by the village or its designee.
(d) The costs of the village's 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.
(E) Requirements for existing facilities and land uses.
(1) Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the village.
(2) Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village Board, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
(3) Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(4) Existing facilities shall have the responsibility of devising and/or filing with the village a contingency plan satisfactory to the Village Board for the immediate notification of the appropriate village officers in the event of an emergency.
(5) 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 adoption of the section and this exemption shall not constitute a covenant running with the land.
(F) Enforcement and penalties.
(1) 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 said release shall immediately cease and desist, and provide clean-up satisfactory to the village.
(2) The individual/facility shall be responsible for all costs of cleanup and the village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:
(a) The cost of village employees' time associated in any way with the clean-up 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 clean-up.
(3) Following any such discharge, the village may require additional test monitoring or other requirements as outlined in divisions (D) and (E) above.
(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 who fails to comply with the provisions of this section 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 their real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
(G) Severability clause. If any section, subsection, sentence, clause paragraph or phrase of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or other applicable administrative or governing body, such decision shall not affect the validity of any other section, subsection, sentence, clause, paragaph or phrase or portion thereof. The Village Board hereby declares that they would have adopted this section and each section, subsection, sentence, clause, paragraph or phrase thereof irrespective of the fact that anyone or more other sections, subsections, sentences, clauses, paragraphs, or phrases may be declared invalid or unconstitutional.
(Ord. 2018-06, passed 9-6-18)