[HISTORY: Adopted by the Village Board of the Village of
Benton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 9, Ch. 4, Sec. 9-4-6, of the Benton Code
of Ordinances]
This article is adopted pursuant to authority granted by §§ 61.34,
61.35, 62.23 and 66.0415, Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
The zone designed within this article by map and description
as the area with the Village.
That area over and through which groundwater is supplied
to a protected municipal well site.
A.
Within Area A the following land uses are prohibited:
(1)
Disposal of garbage, refuse, trash, demolition material and construction
material.
(2)
Asphalt product manufacturing plants.
(3)
Highway salt storage.
(4)
Industrial liquid or solid waste storage or processing
(5)
Mining and quarrying operations, including sand and gravel extraction.
(6)
Paint products storage and processing.
(7)
Septage disposal sites.
(8)
Sludge disposal sites.
(9)
Storage, manufacturing, use or disposal of toxic or hazardous materials
as defined and regulated by the Hazardous Substances Act, § 100.37,
Wis. Stats., and regulations thereunder as may be amended from time
to time.
(10)
Underground petroleum products storage tanks for industrial,
commercial, residential, or other uses except those meeting SPS requirements.
B.
Within Area A, the following uses may be permitted, provided the
minimum separation distances below are provided between the installations
and the Village wells.
|
Potential Contamination Source
|
Minimum Separation Distance
(feet)
| |
|---|---|---|
|
Storm sewer main
|
50
| |
|
Sanitary sewer main
|
200
| |
|
Lift station
|
200
| |
|
Single family residential fuel oil tank
|
200
| |
|
Septic tank (<8,000 gallons per day)
|
400
| |
|
Cemetery
|
400
| |
|
Stormwater drainage pond
|
400
| |
|
Gasoline or fuel oil storage tank instillation (SPS approved)
|
600
| |
|
Land application of municipal, commercial or industrial waste
|
1,000
| |
|
Industrial, commercial or municipal wastewater lagoons or storage
structures
|
1,000
| |
|
Manure stacks or storage structures
|
1,000
| |
|
Septic tanks (>8,000 gallons per day)
|
1,000
| |
|
Solid waste storage, transportation, transfer, incineration,
air curtain destructor, processing, wood burning, one time disposal
or small demolition facility
|
1,200
| |
|
Sanitary landfill
|
1,200
| |
|
Coal storage area
|
1,200
| |
|
Salt or deicing material storage area
|
1,200
| |
|
Gasoline or fuel oil storage tank without SPS approval
|
1,200
| |
|
Bulk fuel storage facilities
|
1,200
| |
|
Pesticide or fertilizer handling or storage facilities
|
1,200
|
D.
Any person proposing to commence use of property located within either
area which use was not effective at the time of enactment of this
article, and any person proposing to change the size or character
of the existing use, shall make application to the Village for a permit
to initiate the proposed use or changes of use. The application shall
be in a form acceptable to the Village and shall include the following:[2]
(1)
Identification of the user, including lessee, if any.
(2)
Address of user.
(3)
Description of property to be used.
(4)
Description of use.
(5)
Drawing of site, indicating location of structures, access roads
or driveways, and contemplated site work.
(6)
Measurers proposed to minimize groundwater contamination risk, if
any.
E.
The Village may set such conditions to the issuance of the groundwater
supply for the Village of Benton.
Area A:
A.
Beginning at the southwest corner of Section 3 TIN, R1E and the northern
Village limits;
B.
Thence east along the northern Village limits to the eastern extent
and extending 400 feet east into Benton Township;
C.
Thence south to the Village limits and following the Village limits
to State Highway 11;
D.
Thence west, northwest along the Village limits following State Highway
11 to the point where the Village limits turn south;
E.
Thence south along the Village limits to the point where the Village
limits meet the southern line of Section 10 and turn west;
F.
Thence west along the southern line of Section 10 to where it meets
the southern line of Section 9 and continuing west until it meets
the center line of County Truck Highway J;
G.
Thence north along County Trunk Highway J to the intersection with
Alma Street;
H.
Thence west along the center line of Alma Street 400 feet beyond
the point where Alma Street turns northwest;
I.
Thence west to center line of Van Buren street at the intersection
with Zephyr Street;
J.
Thence west 175 feet along the center line of Zephyr street;
K.
Thence northwest to the center line of Brian Symon's private
drive;
L.
Thence along the center line of Brian Symon's private drive
to the intersection with Second Street;
M.
Thence along the center line of Second Street to the intersection
with Second Avenue;
N.
Thence northeast along the center line of Second Avenue to the intersection
with First Street;
O.
Thence northwest along the center line of First Street to the intersection
with Third Street and State Highway 11;
P.
Thence east along the center line of Highway 11 to the intersection
with Main and Galena Streets and Temple Avenue;
Q.
Thence northwest along the center line of Galena Street to the intersection
with Frontier Street;
R.
Thence northeast along the center line of Frontier Street to the
intersection with Jenkynsville Road;
S.
Thence south 550 feet to the point of beginning.
Any person convicted of a violation of this article shall be
subject to a forfeiture of up to $1,000 per violation. Each day of
a continuing violation shall be separate violation. This forfeiture
shall be in addition to any federal or state remedy, enforcement or
regulatory order.
This article may be amended only pursuant to the procedures
set forth in § 62.23(7a), Wis. Stats., set forth for the
adoption or amendment of municipal ordinance having extraterritorial
effect.
[Adopted 1-20-2010 by Ord. No. 2010-001]
A.
Purpose. The purpose of this article as defined in Ch. NR 811, Wis.
Adm. Code, is to:
(1)
Protect the public health, safety and welfare by assuring those unused,
unsafe and noncomplying wells are properly abandoned.
(2)
Prevent unused and improperly constructed wells from serving as a
passage for contaminated surface or near-surface waters or other materials
to reach the usable groundwater. These wells shall be properly abandoned.
B.
CROSS-CONNECTION
MONITORING WELLS
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the Village
of Benton Water Utility (VBWU) and the other containing water from
a private source, water of unknown or questionable quality, or steam,
gases, or chemicals, whereby there may be a flow from one system to
the other, the direction of flow depending on the pressure differential
between the two systems.
A well or drill hole constructed for the purpose of obtaining
information on the physical, chemical, radiological or biological
characteristics of the groundwater.
A system for the provision to the public of piped water for
human consumption when such system has at least 15 service connections
or regularly serves at least 25 year-round residents owned or operated
by a city, village, county, town, town sanitary district, utility
district or public institution as defined in Ch. NR 811.02, Wis. Adm.
Code, or privately owned water utility serving any of the above.
A well or pump installation which does not comply with the
provisions of Ch. NR 812, Wis. Adm. Code, in effect at the time the
well was constructed, a contamination source was installed, the pump
was installed or work was done on either the well or pump installation.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seal or caps.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with substances in
exceedance of the standards of Ch. NR 140, Wis. Adm. Code, or for
which a health advisory has been issued by the Department of Natural
Resources (DNR).
A well or pump installation which is not used or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods for the purpose of obtaining
groundwater for consumption or other use.
The filling and sealing of a well according to the provisions
of Chs. NR 811 and 812, Wis. Adm. Code.
A.
All private wells located within Village limits, including any premises
which is served by the public water system of the VBWU, shall be properly
abandoned within a period of time deemed reasonable by the VBWU not
exceeding one year.
C.
Only those wells for which the Village Clerk-Treasurer has granted
a well operation permit may be exempted from this requirement, subject
to conditions of maintenance and operation.
Wells to be abandoned shall be filled according to the procedures
outlined in § NR 812.26, Wis. Adm. Code.
It shall be unlawful for the owner of any premises which has
a noncomplying well to sell, transfer, or convey said premises until
the provisions of this article are met or until such owner shall first
furnish the VBWU a signed and notarized statement from the grantee
or transferee, acknowledging the existence of a noncomplying well
and fully accepting the responsibility without condition for abandoning
said well or obtaining a well operation permit.
A permit may be granted to a well owner to operate a well for
a period not to exceed one year, effective October 1 of each year.
Renewals are due no later than September 30 of each year. The requirements
for a permit/renewal are:
A.
The well and pump installation meet the requirements of § NR
812.26, Wis. Adm. Code, and well constructor's report is on file
with the DNR or certification of the acceptability of the well has
been granted by the private water supply section of the DNR or upon
an approved certified well inspection.
B.
The well has a history of producing safe water as evidenced by three
samplings two weeks apart at application of the original permit and
presently produces bacteriologically safe water as evidenced by an
annual bacteriological sample.
C.
The well will be tested annually for nitrates.
D.
The VBWU shall require additional testing in the event that the sampling
produces evidence of contamination.
E.
A VBWU representative may be present for any and all sampling.
F.
The proposed use of the well can be justified as being necessary
in addition to water provided by the public water system.
G.
No physical connection shall exist between the piping of the public
water system and the private well.
H.
No private wells shall be constructed within the Village limits after
the date of the adoption of this article without Village Board approval
with variance allowing private well installation.
The following one-year permit fees shall be as established by
the Village Board from time to time:
No person shall have or permit on any premises owned or occupied
by him/her any cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings unless permitted by the VBWU. All such
places shall be properly filled with clean material approved by the
VBWU in order to prevent any groundwater contamination from occurring.
A.
Upon presentation of credentials, representatives of the VBWU shall
have the right to request entry at any reasonable time to examine
any property within the Village limits for cisterns, wells, basements,
or other excavation that may cause groundwater contamination.
B.
If entry is refused, such representatives shall obtain a special
inspection warrant under § 66.0119, Wis. Stats. The VBWU
shall charge the property owner a fee, as established by the Village
Board from time to time, per day for refusal to allow entry to examine
any property. Upon request, the owner, lessee, or occupant of any
property so served shall furnish to the inspection agency any pertinent
information regarding the piping system or systems on such property.[1]
A.
A well abandonment report shall be submitted by the well owner to
the DNR on forms that are provided by that agency and available in
the office of the Village Clerk-Treasurer. The report shall be submitted
immediately upon completion of the filling of the well. A representative
of the VBWU must observe the filling. A copy of the well abandonment
form shall be provided to the VBWU. The owner shall notify the VBWU
48 hours in advance during regular business hours prior to well abandonment.
B.
Periodic inspections will be made by the VBWU of all properties within
the Village of Benton and all properties served by the VBWU to determine
the presence of unauthorized wells.
C.
It is the responsibility of the property owner to notify the VBWU
of any private wells located on their property and follow this article
for the well permit or well abandonment.
E.
Any well for which a permit has expired or been revoked or denied
shall be abandoned within 60 days of the expiration or revocation
of the permit.
A.
Annual testing of nitrates are required. The annual tests for monitoring
wells are due no later than September 30 of each year.
B.
Location coordinates or measurements will be submitted with permit
application.
C.
Proper abandonment shall be according to § NR 812.26, Wis.
Adm. Code, when the well is no longer needed.
Any well owner violating any provision of this article shall,
upon conviction, be punished by a forfeiture of not less than $10
nor more than $5,000 and the cost of prosecution. Each twenty-four-hour
period or part thereof during which a violation exists shall be deemed
a separate offense. If any person fails to comply with this article
for more than 10 days after receiving written notice of the violation,
the Village may impose a penalty and cause the well abandonment to
be performed and the expense to be assessed as a special tax against
the property.
