[Adopted 8-15-2005 by Ord. No. 2005-06 as § 14.01
of the 2005 Code]
A.
Title. This article shall be known, cited and referred to as the
"Wellhead Protection Ordinance" (hereafter WHP Ordinance).
B.
Purpose and authority.
(1)
The residents of the City of Lancaster (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 article 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.
(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 City's corporate limits.
As used in this article, the following terms shall have the
meanings indicated:
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
Existing facilities which may cause or threaten to cause
environmental pollution within the corporate limits of the City's
well fields' 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' 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.
That area contained in the map to be 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.
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.
[1]
Editor's Note: Exhibit A is on file in the City Clerk/Treasurer's
office.
A.
Intent. The area to be protected is the Lancaster 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 City 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 § 355-34, the following are the only permitted uses within the district. Uses not listed are to be considered prohibited uses.
(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)
Non-motorized trails, such as biking, skiing, nature and fitness
trails.
(5)
Residential, municipally sewered, free of flammable and combustible
liquid, underground storage tanks.
(6)
Agricultural uses in accordance with the county soil conservation
department's best management practices guidelines.
(7)
Limited road salting.
C.
Prohibited uses. All other uses are prohibited within the Groundwater Protection Overlay District. Exemptions may be granted for future nonpermitted land uses on a case by case basis as permitted in § 355-34, Exemptions and waivers.
D.
Separation distances. The following separation distances as specified in the Wisconsin Administrative Code Ch. NR 811 shall be maintained and shall not be exempted as listed in § 355-34:
(1)
Fifty feet between a well and a storm sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, lift
station or a single-family residential fuel oil tank. A lessor 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 Safety and Professional Services or its designated agent under
Ch. ATCP 93, Wis. Adm. Code.
(5)
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.
(6)
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; 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
Ch. ATCP 93, Wis. Adm Code; bulk fuel storage facilities; and pesticide
handling or storage facilities.
E.
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 structures/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, in writing, to
permit additional land uses in the district.
B.
All requests shall be in writing, whether 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 City Engineer and/or designee(s)
for recommendation and final decision by the Common 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 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 City.
E.
The exemption will be made void if environmental and/or safety monitoring
indicate the facility is emitting any releases of harmful contaminants
to the surrounding environment.
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/securities as outlined in § 355-34D.
D.
Any individual/facility who or which fails to comply with the provision of this article shall, upon conviction thereof, forfeit not less than $100 nor more than $500, plus the costs of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or in the alternative, shall have such costs added to his or its real property as a lien against the property be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.
[Amended 11-17-2014 by Ord. No. 2014-05[1]]
[1]
Editor's Note: This ordinance also repealed original § 14.01(6),
Conflict and severability, which immediately followed this section.
