(a) Title of section. This section shall be known, cited, and referred to as the “Wellhead Protection Ordinance” (hereinafter referred to as “WHP Ordinance” or “this section”).
(b) Purpose, authority, and application.
(1) 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 WHP Ordinance 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) Statutory authority of the village to enact these regulations was established by the state legislature in Wis. Stats. § 61.35. 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) The regulations specified in this WHP Ordinance shall apply within the village’s corporate limits.
(c) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
AQUIFER. A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
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, attached hereto as Exhibit “A” which is incorporated by reference herein as if fully set forth.
GROUNDWATER PROTECTION OVERLAY DISTRICT. The portion of the recharge area for the village wells that lies within the village limits as shown in the map attached hereto as Exhibit “B” and incorporated herein as if fully set forth.
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.
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.
(d) Groundwater protection overlay district.
(1) Separation distances. The following minimum separation distances shall be maintained within the Groundwater Protection Overlay District, as specified in Wis. Admin. Code, § SNR 811.12(5)(d) shall be maintained under the management plan:
a. Ten 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;
b. Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints;
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, § SPS 310.260 and receive written approval from the Department of Safety and Professional Services, or its designated local program operator, under Wis. Admin. Code, § SPS 310.110. 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 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 most restrictive installation requirements of Wis. Admin. Code, § SPS 310.260 and receive written approval from the Department of Safety and Professional Services, or its designated local program operator under Wis. Admin. Code, § SPS 310.110. 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 septic tank or soil adsorption unit with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater 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 Wis. Admin. Code, § SPS 310.260 and receive written approval from the Department of Safety and Professional Services, or its designated local program operator, under Wis. Admin. Code, § SPS 310.110. 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 land spreading 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 wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more; and
i. One thousand two 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, Chapter NR 140 enforcement standards; coal storage area; salt or de-icing material storage area; any single wall farm underground storage tank or single wall farm above ground storage tank, or other single wall underground storage tank or above ground storage tank that has or has not received written approval from the Department of Safety and Professional Services, or its designated local program operator, under Wis. Admin. Code, § SPS 310.110 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) The following uses are permitted uses within the groundwater protection overlay 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. Trails, such as bike, skiing, nature and fitness trails, and motorized trails, provided loading and unloading areas are more than 400 feet away.
e. Residential and commercial property, which is municipally sewered, and free of flammable and combustible liquid and no underground storage tanks are used.
(3) The location and boundaries of the zoning districts established by this section are set forth on the attached Exhibit “B” which is incorporated herein and hereby made a part of this section. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this section as though fully set forth and described herein.
(e) Review of permit application.
(1) The Village Planning Committee shall review all requests for approval of permits for land uses in the groundwater protection overlay district. All determinations shall be made by the Village Planning Committee within 60 days of any request for approval, provided however, that this 60-day period of limitation may be extended by the Village Planning Committee for “good cause,” as determined in the sole and absolute discretion of the Village Planning Committee.
(2) Upon reviewing all requests for approval, the Village Planning Committee 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 wellhead protection 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) a. Any exemptions granted will be made as a conditional use permit, which will not transfer with the sale of the property. The exemption may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment.
b. The facility will be held financially responsible for all environmental cleanup costs. The Village Planning Committee 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 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.
(f) 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 Planning Committee, 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 Planning Committee 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 passage of the section, and this exemption shall not constitute a covenant running with the land.
(g) 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 subsection (f) and this subsection (g).
(4) 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) Any person, firm, or corporation 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.
(h) 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, paragraph, or phrase or portion thereof. The Village Board of the village hereby declares that they would have passed this section and each section, subsection, sentence, clause, paragraph, or phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses, paragraphs, or phrases may be declared invalid or unconstitutional.
(Ord. 9-1-505, passed 5-19-2014)