Chapter 18.93
WELLHEAD PROTECTION
Sections:
18.93.010 Statement of purpose.
18.93.040 Separation distances from well.
18.93.050 Conditional use applications.
18.93.060 Existing nonconforming uses.
18.93.070 No acceptance of liability by village.
18.93.080 Enforcement and penalties.
18.93.010 Statement of purpose.
Village residents 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 chapter is to institute land use regulations and restrictions to protect the village’s municipal water supply, and to promote the health, safety and general welfare of the residents of the village.
(a) Authority. Statutory authority of the village to enact these regulations was established by the Wisconsin Legislature in Sections 62.23(7)(a) and (c), Wis. Stats. Under these statutes the village has the authority to enact the ordinance codified in this chapter, effective in the incorporated areas of the village, to encourage the protection of groundwater resources.
(b) Groundwater Protection Overlay District. This chapter, which may be cited and referred to as the “village of Arena wellhead protection ordinance,” institutes land use regulations and restrictions in the groundwater protection overlay district in order to protect the portion of the recharge area for the village wells that lie within the village limits. The recharge area for the village wells is that land area which contributes water to the village wells by infiltration of water into the subsurface and movement with groundwater toward the wells.
It is further intended that the groundwater protection overlay district shall be operated in conjunction with the regulations governing the underlying zoning districts and other overlay districts in the subject area. Uses permitted by such other districts, but subject to the provisions of this chapter, may not be undertaken unless they are also permitted by the terms of this chapter. In the event of conflicting standards between the underlying zoning and these groundwater regulations, the more restrictive will apply. If conditional use permits are required for both this overlay district and the underlying zoning district for a proposed use, the processing of the two permits shall be treated separately under the terms applicable to each district.
The boundary of the groundwater protection overlay district(s) are described in the village’s wellhead protection plan as a “wellhead protection area,” and are incorporated into and shown on the village of Arena zoning map. [Ord. dated 10/2/12 § 1].
18.93.020 Definitions.
“Aquifer” means a saturated, permeable, geologic formation that contains, and will yield significant quantities of water.
Conditional Uses. In addition to permitted and prohibited uses, AMC 18.93.050 identifies the requirements for getting approval of certain conditional (or provisional) uses. If an activity isn’t identified as permitted or prohibited, a conditional use permit may be needed for that activity. AMC 18.93.050 identifies the requirements for getting approval for a conditional use not otherwise allowed. AMC 18.93.050 could also be called “other permitted uses.”
“Existing facilities” means 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 which are in operation at the time of the ordinance codified in this chapter.
“Groundwater protection overlay district” means that area described as a “wellhead protection area” by the village’s wellhead protection plan.
Recharge Area. The “recharge area” for a village well is that land area which contributes water to the well by infiltration of water into the subsurface and movement with groundwater toward the well.
Wellhead. The “wellhead” is the well that provided the source of water along with the structures built on top of and around the well.
Wellhead Protection Area(s). The “wellhead protection area” is the surface or subsurface area surrounding a water well or wellhead supplying a public water system, through which contaminants are reasonably likely to move toward and reach such well or wellhead. The wellhead protection area(s) for the village of Arena is designated in the village’s wellhead protection plan. [Ord. dated 10/2/12 § 2].
18.93.030 Prohibited uses.
The uses prohibited by this district have been identified as risks for groundwater contaminations. Prohibition provides the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur. The following are prohibited uses within the groundwater protection overlay district:
(a) Private on-site sewage treatment system or septic drain fields.
(b) Wells, private production, injection or other, except sandpoint wells 30 feet or less.
(c) Animal waste storage areas and facilities.
(d) Petroleum products storage except those that meet the most restrictive installation requirements of Section SPS 310.260, Wis. Adm. Code.
(e) Underground petroleum products storage tanks for industrial, commercial, residential or other uses.
(f) Automobile or truck fuel sales or service stations.
(g) Shops for repair servicing or assembling of machinery, motors or motor vehicles, including body repair, painting or engine rebuilding.
(h) Junk/recycling yards, motor vehicle salvage yards.
(i) Landfills, areas for dumping or disposal of garbage, refuse, trash or demolition material.
(j) Mining operations.
(k) Highway salt storage areas.
(l) Cemeteries.
(m) Dry cleaning establishments.
(n) Printing and publishing establishments.
(o) Storage, sale, processing or manufacturing of fertilizer, chemicals, toxic or hazardous materials.
(p) Manufacturing of paint products, plastics, or pulp and paper products.
(q) Industrial liquid waste storage areas.
(r) Electroplating operations.
(s) Exterminating supply, storage, or application shops.
(t) Foundries and forge or metal reduction and refinement plants.
(u) Any other use determined by the village board to be similar in nature to the above listed items. [Ord. dated 10/2/12 § 3].
18.93.040 Separation distances from well.
Uses within the groundwater protection overlay district shall maintain the following minimum separation distances as specified in Section NR 811.12(5), Wis. Adm. Code:
(a) 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.
(b) 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 private on-site wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.
(c) 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 Section SPS 310.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under Section SPS 310.110, Wis. Adm. Code. 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.
(d) 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 Section Comm 10.260, Wis. Adm. Code, and receive written approval from the Department of Commerce or its designated local program operator under Section Comm 10.110, Wis. Adm. Code. 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) 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.
(f) 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 Section SPS 310.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under Section SPS 310.110, Wis. Adm. Code. 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.
(g) Eight hundred 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 state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal waste water 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. An eight-foot-high fence shall be installed around the perimeter of a lagoon.
(h) 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; coal storage area; salt or deicing 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 Section SPS 310.110, Wis. Adm. Code, 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. [Ord. dated 10/2/12 § 4].
18.93.050 Conditional use applications.
Individuals and/or facilities may request the village in writing to permit additional land uses in the groundwater protection overlay district.
(a) Required Application Materials.
(1) 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.
(2) All the individuals/facilities shall reimburse the village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
(3) 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.
(b) Referral to Plan Commission. A properly filed application shall be referred to the plan commission for its review and recommendation. The plan commission shall review the application and make its recommendation, if any. The plan commission shall forward the recommendations to the village board. Upon receipt of the recommendations of the plan commission, the village board shall hold a public hearing.
(c) Standards for Conditional Use. The village board shall apply the following factors:
(1) The village’s responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
(2) The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the city or the village’s recharge area.
(3) The economic hardship which may be faced by the landowner if the application is denied.
(4) The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
(5) The proximity of the applicant’s property to other potential sources of contamination.
(6) The then existing condition of the village’s groundwater public water well(s) and well fields, and the vulnerability to further contamination.
(7) 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.
(8) Any other hydrogeological data or information which is available from any public or private agency or organization.
(9) The potential benefit, both economic and social, from the approval of the applicant’s request for a permit.
(d) Types of Conditions which the Board May Require. The village board may stipulate conditions and restrictions including but not limited to the following:
(1) A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The village may require an application to install one or more groundwater monitoring well(s) at the expense of the applicant;
(2) The establishment of safety structures to prevent groundwater contamination;
(3) The establishment of an operation safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and storm water runoff management to prevent groundwater contamination;
(4) Written policies and procedures for reporting and cleaning up a spill of a hazardous material;
(5) The provision of copies of all federal, state and local facility operation approval or certificates, and ongoing environmental monitoring results to the village;
(6) A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination;
(7) Bonds and/or securities satisfactory to the village for future monitoring and cleanup costs if groundwater contamination occurs in the future.
The foregoing conditions are listed for illustration purposes and are not exclusive.
(e) Transfers of Interest in Property. Conditional use permits issued under this section are nontransferable to successor owners of the property subject to the permit without the express written consent of the village board. The village board may set conditions and restrictions on the transfer including but not limited to a stipulation that the permit shall not be transferred unless the new owner expressly and in writing assumes the same terms, if any, for personal liability as were required of the former owner in the conditional use permit to be transferred. Written permission shall be obtained prior to the voluntary transfer of the subject property. When an involuntary transfer occurs, the new owner, trustee, or other successor to an interest in the real property shall apply to the village within 60 days for permission to continue the use granted by the conditional use permit.
(f) Payment of Costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application. The conditional use will become effective only after any costs incurred by the village during the conditional use application review process and billed to the applicant are paid by the applicant. Those costs may include:
(1) The village’s expenses, including consultant’s and attorney’s fees, if any, associated with the review at the invoiced amount plus administrative costs.
(2) The cost of an environmental impact study if so required by the village or its designee.
(3) The cost of groundwater monitoring or groundwater wells if required by the village or its designee.
(4) The costs of an appraisal for the property or other property evaluation expense if required by the village or its designee. [Ord. dated 10/2/12 § 5].
18.93.060 Existing nonconforming uses.
Nonconforming uses lawfully in existence within the groundwater protection overlay district at the adoption of the ordinance creating this district may continue to exist in the form and scope in which they existed at that time subject to the following provisions:
(a) Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the village upon request.
(b) Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(c) In the event a lawful nonconforming use poses a direct hazard to the village’s public water supply, the village may take any action permitted by law to abate the hazard.
(d) Existing facilities shall have the responsibility of devising and/or filing with the village a contingency plan satisfactory to the plan commission for immediate notification of the appropriate village officers in the event of an emergency. [Ord. dated 10/2/12 § 6].
18.93.070 No acceptance of liability by village.
Nothing in this chapter shall be construed to imply that the village has accepted any of an owner’s or operator’s liability if a facility or use, whether permitted as of right or pursuant to a conditional use permit, contaminates groundwater in any aquifer. [Ord. dated 10/2/12 § 7].
18.93.080 Enforcement and penalties.
(a) 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 of Arena.
(b) The individual/facility shall be responsible for all costs of clean-up and the village of Arena consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, which includes all of the cost of village employees’ time associated in any way with the clean-up, the cost of village equipment employed and the cost of mileage reimbursed to the village employees attributed to the clean-up.
(c) Following any such discharge, the village may require additional test monitoring or other requirements as outlined in AMC 18.93.050 and 18.93.060.
(d) Violations. It shall be unlawful to construct or use any structure, land or water in violation of this chapter. Any person who is specifically damaged by such violations may institute appropriate action or proceedings to enjoin a violation of this chapter.
(e) Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100.00 or more than $500.00 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. [Ord. dated 10/2/12 § 8].