[Adopted 10-11-1995 (§§ 11.04 and 11.07 of the 1998 Code); amended 4-25-2012 by Ord. No.
O-2012-16]
A.
Title. This article shall be known, cited and referred to as the
"Wellhead Protection Ordinance."
B.
Purpose and authority.
(1)
The residents of the Village of Bellevue (hereafter "Village") depend
in part 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 municipal water supply and
well fields and to promote the public health, safety and general welfare
of the residents of the Village.
(2)
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.[1]
[1]
Editor's Note: See § 62.23(7)(c), Wis. Stats.
C.
Applicability. 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:
Existing facilities which may cause or threaten to cause
environmental pollution within the Bellevue Water Utility District
recharge areas which include but are not limited to the Wisconsin
Department of Natural Resources (hereafter DNR) draft list of "Inventory
Sites or Facilities Which May Cause or Threaten to Cause Environmental
Pollution" and Department of Safety and Professional Services (DSPS)
list of underground storage tanks (hereafter USTs) and list of facilities
with hazardous solid waste permits, all of which are incorporated
herein as if fully set forth.[1]
That area described within the Wellhead Protection Plan.
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.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
A.
Intent. The area to be protected is the Bellevue well fields' recharge
areas extending to the groundwater divide or a five-year time of travel,
as determined through the use of EPA's WHPA computer groundwater model,
contained within the Village boundary limits. These lands are subject
to land use and development restrictions because of their close proximity
to the well fields and the corresponding high threat of contamination.
B.
Permitted uses. Subject to the exemptions listed in Subsection E of this section, the following are the only permitted uses within the District. Uses not listed are to be considered nonpermitted uses.
(1)
Parks, provided there are no on-site waste disposal or fuel storage
tank facilities associated with this use.
(2)
Playgrounds.
(3)
Wildlife areas.
(4)
Nonmotorized trails, such as biking, skiing, nature and fitness trails.
(5)
Municipally sewered residential development, free of flammable and
combustible liquid underground storage tanks.
(6)
Municipally sewered business development zoned B-2 or B-3, except
for the following uses:
(a)
Aboveground storage tanks.
(b)
Asbestos product sales.
(c)
Automotive service and repair garages, body shops.
(d)
Blue printing and photocopying services.
(e)
Car washes.
(f)
Equipment repair services.
(g)
Laundromats and diaper services.
(h)
Dry cleaning.
(i)
Gas stations.
(j)
Holding ponds or lagoons.
(k)
Infiltration ponds.
(l)
Nurseries, lawn and garden supply stores.
(m)
Small engine repair services.
(n)
Underground storage tanks.
(o)
Wells, private, production, injection or other.
(p)
Any other use determined by the Village Community Development
Director to be similar in nature to the above-listed items.
(7)
Agricultural uses in accordance with the County Soil Conservation
Department's best management practices guidelines.
C.
Separation distances. The following separation distances, as specified in Ch. NR 811, Wis. Adm. Code, shall be maintained and shall not be exempt as listed in Subsection E of this section:
(1)
Separation distance of 500 feet as documented in the Wellhead Protection
Plan shall be maintained around wells.
(2)
The following distances shall apply for Well No. 4 only:
(a)
Fifty feet between a well and a storm sewer main.
(b)
Two hundred feet between a well and any sanitary sewer main, lift
station or a 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.
(c)
Four hundred feet between a well and a septic system, tank, or drain
field, and receiving less than 8,000 gallons per day, a cemetery or
a stormwater drainage pond.
(d)
Six hundred feet between a well and any gasoline or fuel oil storage
tank installation that has received written approval from DSPS or
its designated agent under Ch. SPS 310, Wis. Adm. Code.
(e)
One thousand feet between a well and land application of municipal,
commercial or industrial waste; industrial, commercial or municipal
wastewater, lagoons or storage structures; manure stacks or storage
structures; and septic tanks or soils absorption units receiving 8,000
gallons per day or more.
(f)
Twelve hundred feet between a well and any solid waste storage, transportation,
transfer, incineration, air curtain destructor, processing, one time
disposal or small demolition facility; sanitary landfill; coal storage
area; gasoline or fuel oil storage tanks that have not received written
approval from DSPS or its designated agent under Ch. SPS 310, Wis.
Adm. Code; bulk fuel storage facilities; and pesticide handling or
storage facilities.
D.
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 Village.
(2)
Facilities shall provide additional environmental or safety structures/monitoring
as deemed necessary by the Village, which may include but is 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 Village a contingency plan satisfactory to the Village for the
immediate notification of Village officials in the event of an emergency.
E.
Exemptions and waivers.
(1)
Individuals and/or facilities may request the Village, in writing,
to permit additional land uses in the District.
(2)
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.
(3)
The individual/facility shall reimburse the Village for all consultant
fees associated with this review at the invoiced amount plus administrative
costs.
(4)
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 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:
(1)
Village consultant fees at the invoice amount, plus administrative
costs for oversight, review and documentation.
(2)
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.
(3)
The cost of Village equipment employed.
(4)
The cost of mileage reimbursed to Village employees attributed to
the cleanup.
C.
Following any such discharge, the Village may require additional
test monitoring and/or bonds/securities.
Except as otherwise provided herein, any person found in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.
