(A) WELLHEAD PROTECTION AREA means the surface and subsurface area surrounding a water well or well field, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water or well field.
(B) The Village Board designates a Wellhead Protection Area for the purpose of protection of the public water system. The boundaries of the Wellhead Protection Area are set forth and the delineation is based upon a map prepared by the State Department of Environmental Quality or the State Rural Water Association and presented to the village. This map shall become and is incorporated into the terms of this section as if at full set forth herein, and such map shall be further identified as the Wellhead Protection Area Map.
(C) In accordance with Title 179, Ch. 2, State Department of Health Regulations Governing Public Water Supply Systems, the minimum horizontal distance in feet separating a municipal water supply well of the village from potential sources of contamination shall be as described below:
Category | Distance | |
Feet | Meters | |
Category | Distance | |
Feet | Meters | |
Absorption or disposal field for waste | 500 | 150 |
All water wells, including, but not limited to, domestic supply wells, irrigation wells, stock wells, and heat pump wells | 1,000 | 300 |
Chemical or petroleum product storage | 500 | 150 |
Cesspool | 500 | 150 |
Corral | 500 | 150 |
Dump | 500 | 150 |
Feedlot or feedlot runoff | 500 | 150 |
Pit toilet | 500 | 150 |
Sanitary landfill | 500 | 150 |
Sanitary sewer connection | 100 | 30 |
Sanitary sewer line | 50 | 15 |
Sanitary sewer line (permanently water-tight) | 10 | 3 |
Sanitary sewer manhole | 100 | 30 |
Septic tank | 500 | 150 |
Sewage lagoon | 1,000 | 300 |
Sewage treatment plant | 500 | 150 |
Sewage wet well | 500 | 150 |
(D) When, in the judgment of the village or the State Department of Health, surface runoff or underground movement from potential sources of contamination may adversely affect the quality of water in a municipal water supply well, the distance separating these potential sources of contamination and the well shall be greater than that listed in division (C) above.
(E) Any person desiring to erect a new potential contamination source or enlarge an existing one shall file an application for a permit with the Village Board, on a form furnished by the village for that purpose. After reviewing the application, the Village Board shall approve or deny said permit. If, in the opinion of the Village Board, the proposed use poses a risk of contamination of a municipal water supply or well, the Board shall deny the permit. The applicant may appeal the decision of the Village Board by filing an appeal with the Village Clerk within 30 days of the Board’s decision. The Village Board will then review the appeal and make a decision. If the appeal is denied, the applicant shall have the ability to appeal the decision to the district court of the county. Said appeal must be filed within 30 days of the Village Board’s decision upon the prior appeal.
(F) The provisions of this section shall apply to all land within the corporate limits of the village and that portion of the unincorporated area within one mile of the corporate limits of the village.
(G) The provisions of this section shall supersede any land use regulation which allows the installation of a potential contaminant source on a parcel of land. Nothing in this section shall be construed to allow the installation of any category of contamination source which is restricted or prohibited by any federal, state, or local law statute, regulation, or ordinance.
(Ord. 295, passed - -; Ord. 334, passed 3-5-2002; Ord. 359, passed 3-2-2010) Penalty, see § 50.99