[HISTORY: Adopted by the Common Council of the City of Hayward
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-15-2014 by Ord. No. 522]
To protect public health, safety and welfare and to prevent
contamination of water supplies by assuring that unused, unsafe or
noncomplying wells or wells which may act as conduits for contamination
of groundwater or wells which may be illegally cross-connected to
the municipal water system, are properly maintained or properly filled
and sealed.
This article applies to all wells located on premises served by the City of Hayward municipal water system. Communities outside the jurisdiction of a supplying municipal system are also required by code, contract agreement, or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for purpose stated in § 456-1 above.
As used in this article, the following terms shall have the
meanings indicated:
Any jurisdiction having customers supplied by a municipal
water system as retail or wholesale customers, including those outside
the jurisdiction of the supplying system.
A community water system owned by a City, village, county,
town, town sanitary district, utility district, public inland lake
and rehabilitation district, municipal water district or a federal,
state, county, or municipal owned institution for congregate care
or correction, or a privately owned water utility serving the foregoing.
A well or pump installation which does not comply with § NR
812.42, Wisconsin Administrative Code, Standards for Existing Installations,
and which has not been granted a variance pursuant to § NR
812.43, Wisconsin Administrative Code.
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
seals or caps.
Any property having a water supply pipe extending onto it
which is connected to the municipal water system.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with other substances
exceeding the drinking water standards of Chs. NR 140 or 809, Wisconsin
Administrative Code, or for which a health advisory has been issued
by the Department of Natural Resources.
A well which does not have a functional pumping system or
other complying means of withdrawing water.
A drilled hole or other excavation or opening deeper than
it is wide that extends more than 10 feet below the ground surface
constructed for the purpose of obtaining groundwater.
The proper filling and sealing or decommissioning of a well
according to the provisions of § NR 812.26, Wisconsin Administrative
Code.
All wells on premises served by the municipal water system shall be properly filled and sealed in accordance with § 456-6 of this article not later than one year from the date of connection to the municipal water system, or discovery or construction of a well, unless a valid well operation permit has been issued to the well owner by City Public Works Director under terms of § 456-5 of this article.
Owners of wells on premises served by the municipal water system
shall make application for a well operation permit for each well no
later than one year after connection to the municipal water system
or date of discovery or construction of a well. The City Public Works
Director shall grant a permit to a well owner to operate a well for
a period not to exceed five years, providing all conditions of this
section are met. A well operation permit may be renewed by submitting
an application verifying that the conditions of this section are met.
The City Public Works Director or its agent may conduct inspections
and water quality tests or require inspections and water quality tests
to be conducted at the applicant's expense to obtain or verify
information necessary for consideration of a permit application or
renewal. Permit applications and renewals shall be made on forms provided
by the Clerk/Treasurer. The following conditions must be met for issuance
or renewal of a well operation permit:
A.
The well and pump installation shall comply with the Standards for
Existing Installations described in § NR 812.42, Wisconsin
Administrative Code, or repaired to comply with current standards.
Compliance shall be verified by inspection for initial issuance of
a permit and every 10 years thereafter. Inspections shall be conducted
by a Wisconsin licensed well driller or pump installer and documented
on inspection report form DNR #3300-221, to be submitted to the Clerk/Treasurer.
B.
The well and pump shall have a history of producing safe water evidenced
by a certified lab report for at least one coliform bacteria sample
collected within prior 30 days and submitted to the Clerk/Treasurer.
In areas where the Department of Natural Resources (DNR) has determined
that groundwater aquifers are contaminated with substances other than
bacteria, additional chemical tests may be required to document the
safety of the water.
C.
There shall be no cross connections or interconnection between the
well's pump installation or distribution piping and the municipal
water system unless approved by the utility and DNR.
D.
The water from the private well shall not discharge into a drain
leading directly to a public sewer utility unless properly metered
and authorized by the sewer utility.
E.
The private well shall have a functional pumping system or other
complying means of withdrawing water.
F.
The proposed use of the private well shall be justified as reasonable
in addition to water provided by the municipal water system.
A.
All wells abandoned under the jurisdiction of this article shall
be filled and sealed according to the procedures of § NR
812.26, Wisconsin Administrative Code.
B.
All well filling and sealing under jurisdiction of this article shall
be performed by, or under the supervision of, a certified water system
operator employed by the City of Hayward or by a Wisconsin licensed
well driller or pump installer, per § 280.30, Wis. Stats.
C.
The owner of the well, or the owner's agent, may be required
to obtain a well abandonment permit prior to any well abandonment
and shall notify the Clerk/Treasurer at least 48 hours in advance
of any well abandonment activities. The abandonment of the well may
be observed or verified by personnel of the municipal system.
D.
A well filling-and-sealing report, form DNR #3300-005, supplied by
the Department of Natural Resources, shall be submitted by the well
owner to the Clerk/Treasurer and to the Department of Natural Resources
within 30 days of the completion of the well abandonment.
A.
Any well owner violating any provision of this article shall, upon
conviction, be punished by forfeiture of not less than $50 or more
than $250 and the cost of prosecution. Each day of violation is a
separate offense. If any person fails to comply with this article
for more than 30 days after receiving written notice of the violation,
the municipality 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.
B.
Invalidation of any part of this article by a court of law shall
not invalidate the remaining portions thereof. This article shall
become effective upon its passing by the Common Council of the City
of Hayward and publication thereof as provided by law.
[Adopted 10-9-2000 by Ord. No. 395]
This article shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (hereafter "WHP Ordinance").
A.
The residents of the City of Hayward (hereafter "City") 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 City's municipal water
supply and well fields, and to promote the public health, safety and
general welfare of the residents of the City.
B.
These regulations are established pursuant to the authority granted
by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective
May 11, 1984),[1] which specifically added groundwater protection to the
statutory authorization for municipal planning and zoning in order
to protect the public health, safety and welfare.
[1]
Editor's Note: See § 62.23(7)(c), Wis. Stats.
The regulations specified in this WHP Ordinance shall apply
only within the City's corporate limits.
As used in this article, the following terms shall have the
meanings indicated:
Existing facilities which may cause or threaten to cause
environmental pollution within the corporate limits of the City's
well field recharge area which include, but are not limited to, the
Wisconsin Department of Natural Resources' draft, "Inventory of Sites
or Facilities Which May Cause or Threaten to Cause Environmental Pollution,"
Department of Safety and Professional Services (hereafter "SPS") list
of underground storage tanks (hereafter "USTs") and list of facilities
with hazardous, solid waste permits. There are currently no such facilities
within the jurisdiction of this article.
That area contained in the map attached as Exhibit A and
incorporated herein as if fully set forth.[1]
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.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
[1]
Editor's Note: Exhibit A, Groundwater Protection Overlay District,
is included as an attachment to this chapter.
A.
Intent. The area to be protected is the City's well field's recharge
area contained within the City boundary limits. These lands are subject
to land use and development restrictions because of their close proximity
to the well field and the corresponding high threat of contamination.
B.
Permitted uses. Subject to the exemptions listed in § 456-13, the following are the only permitted uses within the District. Uses not listed are to be considered prohibited uses.
C.
Requirements for existing facilities.
(1)
Facilities shall provide copies of all federal, state and local facility
operation approvals or certificates and ongoing environmental monitoring
results to the City.
(2)
Facilities shall provide additional environmental or safety monitoring
as deemed necessary by the City, which may include, but are not limited
to, stormwater runoff management and monitoring.
(3)
Facilities shall replace equipment or expand in a manner that improves
the existing environmental and safety technologies already in existence.
(4)
Facilities shall have the responsibility of devising and filing with
the City a contingency plan satisfactory to the City for the immediate
notification of City officials in the event of an emergency.
A.
Individuals and/or facilities may request the City to permit additional
land uses in the District.
B.
All requests shall be in writing, either on or in substantial compliance
with, forms to be provided by the City and shall include an environmental
assessment report prepared by a licensed environmental engineer. Said
report shall be forwarded to the Public Works Director and/or designee(s)
for recommendation and final decision by the City Council.
C.
The individual/facility shall reimburse the City for all consultant
fees associated with this review at the invoiced amount plus administrative
costs.
D.
Any permitted uses shall be conditional and may include required
environmental and safety monitoring and/or bonds and/or sureties satisfactory
to the City.
A.
In the event the individual and/or facility causes the release of
any contaminants which endanger the District, the activity causing
said release shall immediately cease and a cleanup satisfactory to
the City shall occur.
B.
The individual/facility shall be responsible for all costs of cleanup,
City consultant fees at the invoice amount plus administrative costs
for oversight, review and documentation.
(1)
The cost of City employees' time associated in any way with the cleanup
based on the hourly rate paid to the employee multiplied by a factor
determined by the City representing the City's cost for expenses,
benefits, insurance, sick leave, holidays, overtime, vacation and
similar benefits.
(2)
The cost of City equipment employed.
(3)
The cost of mileage reimbursed to City employees attributed to the
cleanup.
C.
Following any such discharge, the City may require additional test
monitoring and/or bonds/sureties as determined by the City Council
or designee.
