[Adopted 3-9-2000 (Sec. 5-1-53 of the 1988 Code)]
This article shall be known, cited and referred
to as the "Wellhead Protection Ordinance" (hereinafter referred to
as "this article").
A.
Residents in the Village of Siren (hereafter "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 article is to institute
land use regulations and restrictions to protect the Village's municipal
water supply and to promote the public health, safety and general
welfare of the residents of the Village.
B.
These regulations are established pursuant to the
authority granted by the Wisconsin Legislature in 1983, Wisconsin
Act 410 (effective May 11, 1984), which specifically added groundwater
protection to the statutory authorization for municipal planning and
zoning in order to protect the public health, safety and welfare.
C.
The regulations specified in this article shall apply
within the Village boundary limits.
As used in this article, the following terms
shall have the meanings indicated:
Rock or sediment in a formation, group of formations, or
part of a formation which is saturated and sufficiently permeable
to transmit economic quantities of water to wells and springs.
Existing facilities which may cause or threaten to cause
environmental pollution within the corporate limits of the Village's
well fields' recharge areas, which include, but are not limited to,
the Wisconsin Department of Natural Resources draft list titled "Inventory
of Sites or Facilities Which May Cause or Threaten to Cause Environmental
Pollution," the Wisconsin Department of Commerce list of underground
storage tanks and the Department of Commerce lists of facilities with
hazardous solid waste permits, all of which are incorporated herein
as if fully set forth.
The area in the Village which contains combined recharge
area, which shall be more specifically defined as that area contained
in the map attached hereto as Exhibit A and incorporated herein as
if fully set forth.[1]
The area in which water reaches the zone of saturation by
surface infiltration and encompasses all areas or features that supply
groundwater recharge to a well.
The determined or estimated time required for a contaminant
to move in the saturated zone from a specific point to a well.
[1]
Editor's Note: The Groundwater Protection Overlay District
Map is on file at the office of the Village Clerk-Treasurer.
A.
The Groundwater Protection Overlay District is hereby
divided into Zones A and B.
B.
Separation distances. The following minimum separation
distances shall be maintained within the Groundwater Protection Overlay
District:
(1)
Fifty feet between a well and storm sewer main.
(2)
Two hundred 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 AWWA 600 specifications.
In no case may the separation distance between a well and a sanitary
sewer main be less than 50 feet.
(3)
Four hundred feet between a well and a septic tank
receiving less than 8,000 gallons per day, a cemetery or a stormwater
drainage pond.
(4)
Six hundred feet between a well and any gasoline or
fuel oil storage tank installation that has received written approval
from the Department of Commerce or its designated agent under § Comm
10.110, Wis. Adm. Code.
(5)
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 Ch. NR 718, Wis. Adm. Code, while that facility is
in operation; industrial, commercial or municipal wastewater lagoons
or storage structures; manure stacks or storage structures; and septic
tanks or soil adsorption units receiving 8,000 gallons per day or
more.
(6)
Twelve hundred feet between a well and any solid waste
storage, transportation, transfer, incineration, air curtain destructor,
processing, woodburning, 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 Department of Commerce or its designated agent under
§ Comm 10.110, Wis. Adm. Code; bulk fuel storage facilities;
and pesticide or fertilizer handling or storage facilities.
C.
The two zones are as follows:
(1)
Zone A. Identified as the primary source of water
for the municipal well aquifer and as the area most likely to transmit
groundwater contamination to the well field. Zone A is more restrictive
than Zone B. The following uses are permitted uses within the Groundwater
Protection Zone A. Uses not listed are to be considered prohibited
uses.
(a)
Parks, provided that there are no on-site waste
disposal or fuel storage tank facilities associated with this use.
(b)
Playgrounds.
(c)
Wildlife areas.
(d)
Nonmotorized trails, such as bike, skiing, nature
and fitness trails.
(e)
Residential, commercial and industrial property
which is municipally sewered.
(2)
Zone B. Identified as a secondary source of water
for the municipal well because of the large cone of depression and
a greater time of travel. Zone B is less restrictive than Zone A.
The following uses are permitted uses within the Groundwater Protection
Zone B. Uses not listed are to be considered prohibited uses.
(a)
All uses listed as permitted uses in Zone A.
(b)
Modified agricultural activities, including
any crop free of pesticides and/or synthetic fertilizers.
(c)
Aboveground petroleum product storage tanks
less than 660 gallons. All new or replaced tanks shall be installed
in compliance with Ch. Comm 10, Wis. Adm. Code.
(d)
Residential, commercial and industrial property
which is municipally sewered or has a state-approved sewer and septic
system.
A.
Facilities shall:
(1)
Provide
copies of all federal, state and local facility operation approvals
or certificates and ongoing environmental monitoring results to the
Village.
(2)
Provide
additional environmental or safety monitoring as deemed necessary
by the Village, specifically including the production of any and all
environmental statements detailing the extent of chemical use and
storage on the property.
(3)
Replace
equipment or expand in a manner that improves the existing environmental
and safety technologies already in existence.
(4)
Have
the responsibility of devising and filing with the Village a contingency
plan satisfactory to the Village for the immediate notification of
Village officials in the event of an emergency.
B.
Property owners with an existing agricultural use
shall be exempt from requirements of this article 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 this article and this exemption shall not constitute a
covenant running with the land.
A.
Individuals and/or facilities may request the Village,
in writing, to permit additional land uses in the Groundwater Protection
Overlay District.
B.
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.
C.
The individual/facility shall reimburse the Village
for all consultant fees associated with this review at the invoiced
amount plus administrative costs.
D.
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.
A.
In the event that the individual and/or facility causes
the release of any contaminants which endanger the Groundwater Protection
Overlay District, the activity causing said release shall immediately
cease and a cleanup satisfactory to the Village shall occur.
B.
The individual/facility shall be responsible for all
costs of cleanup, Village consultant fees at the invoice amount plus
administrative costs for oversight, review and documentation, including
the following:
(1)
The cost of Village employees' time associated in
any way with 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.
(2)
The cost of Village equipment employed.
(3)
The cost of mileage reimbursed to the Village employees
attributed to the cleanup.
