[HISTORY: Adopted by the Village Board of the Village of
Hollandale 5-4-2004. Amendments noted where applicable.]
This chapter shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (hereinafter referred to as "WHP Ordinance").
A.
Residents in the Village of Hollandale 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 Village's municipal water supply and well fields
and to promote the health, safety and general welfare of the residents
of the Village of Hollandale.
B.
Statutory authority of the Village to enact these regulations was
established by the Wisconsin Legislature in § 62.23(7)(a)
and (c), Wis. Stats. Under these statutes, the Village has the authority
to enact this chapter, effective in the incorporated areas of the
Village, to encourage the protection of groundwater resources.
C.
The regulations specified in this WHP Ordinance shall apply within
the Village's corporate limits and that portion of its extraterritorial
zoning area as may apply by separate agreement with the Town of Moscow,
Iowa County, Wisconsin.
As used in this chapter, the following terms shall have the
meanings indicated:
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
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 and that additional area as indicated by the
attached exhibit[1] which extends into the Town of Moscow, Iowa County, Wisconsin.
Existing facilities include but are not limited to the type listed
in the Department of Natural Resources Form 3300-215, Public Water
Supply Potential Contaminant Use Inventory Form, which is incorporated
herein by reference.
That portion of the recharge area for the Village wells that
lies within the Village limits as shown in the map attached hereto
as "Exhibit A" and incorporated herein as if fully set forth.[2]
A written plan to determine the potential sources of contamination
due to a spill or leak, handling procedures for the materials, compliance
with regulations for storage of materials, spill contamination, cleanup
procedures, and immediate notification of the Village of Hollandale
Village Clerk-Treasurer in the event of an emergency.
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well. This area extends beyond the corporate limits of the Village
of Hollandale.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
A.
Separation distances. The following minimum separation distances
shall be maintained within the Groundwater Protection Overlay District
for all proposed improvements:
(1)
Fifty feet between a well and storm sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, sanitary
sewer manhole, 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 American Waterworks
Association (AWWA) C600 specifications. In no case may the separation
distance between a well and sanitary sewer main be less than 50 feet.[1]
[1]
NOTE: Current AWWA C600 specifications are available for inspection
at the office of the Wisconsin Department of Natural Resources, the
Secretary of State's office and the office of the Revisor of
Statutes.
(3)
Four hundred feet between a well and a septic tank or soil adsorption
unit 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 Wisconsin
Department of Safety and Professional Services or its designated agent
under § SPS 310.110, Wis. Adm. Code.
(5)
One thousand feet between a well and land application of municipal,
commercial or industrial waste; boundaries of a land-spreading facility
for spreading of petroleum-contaminated soil regulated under Ch. NR
718 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, wood burning,
one-time disposal or small demolition facility; sanitary landfill;
any property with residual groundwater contamination that exceeds
Ch. NR 140 enforcement standards that is shown on the Department of
Natural Resources geographic information system registry of closed
remediation sites; 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 Safety and Professional Services or
its designated agent under § SPS 310.110, Wis. Adm. Code;
bulk fuel storage facilities; and pesticide or fertilizer handling
or storage facilities.
B.
Three overlay district zones. This district is hereby divided into
Zones A, B, and C.
(1)
Zone A.
(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 municipal wells. Zone A is more restrictive than Zone B or
C.
(b)
Permitted uses in Zone A. The following uses are permitted uses
within the groundwater protection Zone A. Uses not listed shall be
considered prohibited unless issued an exemption by the Village Board
of the Village of Hollandale.
[1]
Parks, provided there is no on-site waste disposal or fuel storage
tank facilities associated with this use.
[2]
Playgrounds.
[3]
Wildlife areas.
[4]
Nonmotorized trails, such as bike, skiing, nature and fitness
trails.
[5]
Residential, commercial and industrial property, which is municipally
sewered and free of flammable and combustible liquid and underground
storage tanks (USTs).
(2)
Zone B.
(a)
Identified as a secondary source of water for the municipal wells
because of the large cone of depression and a greater time of travel.
Zone B is less restrictive than Zone A, but more restrictive than
Zone C.
(b)
Permitted uses in Zone B. The following uses are permitted uses
within the groundwater protection Zone B. Uses not listed shall be
considered prohibited unless issued an exemption by the Village Board
of the Village of Hollandale.
[1]
All uses listed as permitted uses in Zone A.
[2]
Modified agricultural activities, including any crop free of
pesticides and/or synthetic fertilizers.
[3]
Aboveground petroleum product storage tanks less than 660 gallons.
All new or replaced tanks shall be installed in compliance with Ch.
SPS 310, Wis. Adm. Code.
[4]
Residential, commercial and industrial property that is municipally
sewered or has a state-approved potable water well, sewer, and septic
system. The potable water well, sewer, and septic system shall be
located as far away from the municipal well as possible.
(3)
Zone C.
(a)
Identified as the Groundwater Protection Overlay District, excluding
those areas within Zone A and Zone B.
(b)
Permitted uses in Zone C. All uses listed as permitted in Zone
A and Zone B. Individuals and/or facilities shall notify the Village
Board and file with the Village Clerk-Treasurer the point source management
plan, satisfactory to the Village Board, to permit additional land
uses on Zone C.
(4)
Mapping. The location and boundaries of the zoning districts established
by this chapter are set forth on the attached Exhibit "A," which is
incorporated herein and hereby made a part of this chapter. Said map,
together with everything shown thereon and all amendments thereto,
shall be as much a part of this chapter as though fully set forth
and described herein.[2]
[2]
Editor's Note: Said map is on file in the Village offices
and with the Department of Natural Resources.
A.
The Village Board of the Village of Hollandale shall review all requests
for approval of permits for land uses in the Groundwater Protection
Overlay District. All determinations shall be made by the Village
Board within 60 days of any request for approval; provided, however,
that this sixty-day period of limitation may be extended by the Village
Board for good cause, as determined in the sole and absolute discretion
of the Village Board.
B.
Upon reviewing all requests for approval, the Village Board for the
Village of Hollandale shall consider all of 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 seriously threaten or degrade groundwater quality in the Village
of Hollandale 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 wells 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.
C.
Any exemptions granted will be made conditional, include a point
source management plan, and may include environmental and/or safety
monitoring which indicates whether the facility may be emitting any
releases or harmful contaminants to the surrounding environment. The
facility will be held financially responsible for all environmental
cleanup costs. The Village of Hollandale, by its governing board,
may require that a bond be posted for future monitoring and cleanup
costs if deemed necessary at the time of granting an exemption.
D.
The applicant shall be solely and exclusively responsible for any
and all costs associated with the application, including all of the
following:
(1)
The cost of an environmental impact study if so required by the Village
of Hollandale or its designee.
(2)
The cost of groundwater monitoring or groundwater wells if required
by the Village of Hollandale or its designee.
(3)
The costs of an appraisal for the property or other property evaluation
expense if required by the Village of Hollandale or its designee.
(4)
The costs of the Village's employees' time associated in
any way with the application, based on the hourly rate paid to the
employees multiplied by a factor determined by the Village, representing
the Village's costs for expenses, benefits, insurance, sick leave,
holidays, overtime, vacation and other similar benefits.
(5)
The cost of Village equipment employed.
(6)
The cost of mileage reimbursed to the Village employees.
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 of Hollandale.
B.
Existing facilities shall provide additional environmental or safety
monitoring as deemed necessary by the Village Board, specifically
including the production of any and all environmental statements detailing
the extent of chemical use and storage on the property.
C.
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
D.
Existing facilities shall have the responsibility of devising and/or
filing with the Village Clerk-Treasurer for the Village of Hollandale
a point source management plan satisfactory to the Village Board.
E.
Property owners with an existing agricultural use shall be exempt
from requirements of this chapter 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 chapter, and this exemption shall not constitute a covenant running
with the land.
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 cleanup satisfactory to the Village of
Hollandale.
B.
The individual/facility shall be responsible for all costs of cleanup
and the Village of Hollandale's consultant fees at the invoice
amount, plus administrative costs for oversight, review and documentation,
including all of the following:
(1)
The cost of Village 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 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.
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 proceeding
to enjoin a violation of this chapter.
