[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 6-2-2003; amended in its entirety 8-1-2011 (Title 10, Ch. 8, of the 1987 Code). Subsequent amendments
noted where applicable.]
This chapter shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (hereafter "WHP Ordinance").
A.
The residents of the Village of Trempealeau (hereafter "Village")
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 the WHP Ordinance 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.
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 to encourage the protection of groundwater resources.
A.
The regulations specified in this Wellhead Protection Ordinance shall
apply only to lands within approximately 1,200 feet area of the Trempealeau
municipal wells described as follows:
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Commencing at the intersection of 9th Street and Jay Street,
then proceeding east along 9th Street approximately 2,800 feet to
the Village limit, which coincides with the east line of the northwest
quarter of Section 26, then proceeding north along the Village limits
(east line of the NW 1/4) to the northeast corner of the south half
of the northwest quarter of the southwest quarter of Section 23, thence
west 2,640 feet along the north line of the south half of the northwest
quarter of the southwest quarter to the northwest corner of the south
half of the northeast quarter of the southeast quarter of Section
22, thence south along the quarter section line approximately 330
feet to the Village limits, then west along the Village limits approximately
160 feet, thence south approximately 2,400 feet along Jay Street to
the point of origin (Figure 1).[1]
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[1]
Editor's Note: Figure 1 is on file in the Village office.
B.
No new use or change in use of any structure, land or water shall
be located, extended, converted, or structurally altered, and no development
shall commence without full compliance with the terms of this section
and other applicable regulations. If there is a conflict between this
chapter and the Zoning Ordinance, the more restrictive provision shall
apply.
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.
The area around a well, in which the water level has been,
lowered at least one-tenth of a foot by pumping of the well.
Existing facilities which may cause or threaten to cause
environmental pollution within the Village of Trempealeau include,
but are not limited to, the Department of Natural Resources'
draft or current list of inventory of sites or facilities which may
cause or threaten to cause environmental pollution, the DNR LUST and
ERP sites, lists of facilities with hazardous, solid waste permits,
and any facility which is considered a prohibited use under this chapter,
all of which are incorporated herein as if fully set forth.
The five-year time of travel is the recharge area up gradient
of the cone of depression, the outer boundary of which it is determined
or estimated that groundwater will take five years to reach a pumping
well.
The area which encompasses all areas or features that, by
surface infiltration of water that reaches the zone of saturation
of an aquifer, supplies groundwater to a well.
The thirty-day time of travel is the recharge area up gradient
of a well, or its cone of depression, the outer boundary of which
it is determined or estimated that groundwater will take 30 days to
reach a pumping well.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
Includes the area of land which contributes water within
a one-thousand-two-hundred-foot radius of each of the wells and is
delineated in the wellhead protection plan.
The saturated zone is the area of unconsolidated, fractured
or porous material that is saturated with water and constitutes groundwater.
A.
Supremacy of the Wellhead Protection Overlay District (hereafter
"District"). The regulations of this overlay district will apply in
addition to all other regulations which occupy the same geographic
area. The provisions of any zoning districts that underlay this overlay
district will apply except when provisions of the Wellhead Protection
Overlay District are more stringent.
B.
District boundaries (Wells No. 4 and 5). Commencing at the intersection
of 9th Street and Jay Street, then proceeding east along 9th Street
approximately 2,800 feet to the Village limit which coincides with
the east line of the northwest quarter of Section 26, then proceeding
north along the Village limits (east line of the NW 1/4) to the northeast
corner of the south half of the northwest quarter of the southwest
quarter of Section 23, thence west 2,640 feet along the north line
of the south half of the northwest quarter of the southwest quarter
to the northwest corner of the south half of the northeast quarter
of the southeast quarter of Section 22, thence south along the quarter
section line approximately 330 feet to the Village limits, then west
along the Village limits approximately 160 feet, thence south approximately
2,400 feet along Jay Street to the point of origin (Figure 1).[1]
[1]
Editor's Note: Figure 1 is on file in the Village office.
C.
Permitted uses. Subject to the conditional uses listed in Subsection F, the following are the only permitted uses within the District. Uses not listed are to be considered non-permitted 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)
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-1, except for the
following uses:
(a)
Aboveground storage tanks.
(b)
Asbestos product sales.
(c)
Automotive service and repair garages, body shops.
(d)
Blueprinting 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 Zoning Administrator
to be similar in nature to the above listed items.
(7)
Agricultural activities conducted in accordance with USDA-SCS Wisconsin
Field Office Technical Guide Specification 590 nutrient management
standards.
D.
Administrative code separation distances. The areas to be protected
are the lands immediately surrounding Village wells. These lands are
subject to the most stringent land use and development restrictions
because of their proximity to the well field and the corresponding
high threat of contamination.
(1)
Fifty feet between a well and a storm sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, sanitary
sewer manhole, 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 C600
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 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 Safety and Professional Services (hereafter "DSPS") 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; the 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 absorption units receiving
8,000 gallons per day or more.
(6)
One thousand two 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 DSPS or its designated agent under
Ch. ATCP 93, Wis. Adm. Code; bulk fuel storage facilities and pesticide
or fertilizer handling or storage facilities.
E.
Requirements for existing facilities which may cause or threaten to cause environmental pollution. Existing facilities within the Wellhead Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the Wisconsin Department of Natural Resources' draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) database of underground storage tanks, lists of facilities with hazardous, solid waste permits, and all other facilities which are considered a prohibited use in Subsection C, Permitted uses, all of which are incorporated herein as if fully set forth.
(1)
Such facilities as above which exist within the district at the time
of enactment of a district shall provide copies of all federal, state
and local facility operation approval or certificates and ongoing
environmental monitoring results to the Village.
(2)
Such facilities as above which exist within the district at the time
of enactment of a district shall provide environmental or safety structures/monitoring
to include an operational safety plan, hazardous material containment,
best management practices, stormwater runoff management and groundwater
monitoring.
(3)
Such facilities as above which exist within the district at the time
of enactment of a district shall replace equipment, or expand on the
site or property of record associated with the facility at the time
of enactment of a district, in a manner that improves the environmental
and safety technologies already being utilized.
(4)
Such facilities as above which exist within the district at the time
of enactment of a district shall have the responsibility of devising,
filing and maintaining, with the Village, a current contingency plan
which details how they intend to respond to any emergency which occurs
at their facility, including notifying municipal, county and state
officials.
(5)
Such facilities as above cannot engage in or employ a use, activity, or structure listed in Subsection C, Permitted uses, which they did not engage in or employ at the time of enactment of a district, and can only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized.
F.
Conditional uses. Any individual, person, partnership, corporation,
or other legal entity and/or facility may request that the Village
of Trempealeau Board of Trustees grant a conditional use permit for
certain uses, activities and structures within the Wellhead Protection
Overlay District.
(1)
All requests shall be made in writing to the Village of Trempealeau
Plan Commission and may require:
(a)
A site plan map with all building and structure footprints,
driveways, sidewalks, parking lots, stormwater management structures,
groundwater monitoring wells, and two-foot ground elevation contours.
(b)
A business plan and/or other documentation which describes in
detail the use, activities, and structures proposed.
(c)
An environmental assessment report prepared by a licensed environmental
engineer which details the risk to, and potential impact of, the proposed
use, activities, and structures on groundwater quality.
(d)
An operational safety plan, which details the operational procedures
for material processes and containment, best management practices,
stormwater runoff management, and groundwater monitoring.
(e)
A contingency plan which addresses in detail the actions that
will be taken should a contamination event caused by the proposed
use, activities, or structures occur.
(2)
All conditional use permits granted under this section shall be subject
to conditions that will include environmental and safety monitoring
determined necessary to afford adequate protection of the public water
supply, and/or bonds and/or sureties satisfactory to the Village.
These conditions shall include, but not be limited to:
(a)
Provide current copies of all federal, state and local facility
operation approval or certificates and ongoing environmental monitoring
results to County Emergency Government and the Village of Trempealeau.
(b)
Establish environmental or safety structures/monitoring to include
an operational safety plan, material processes and containment, operations
monitoring, best management practices, stormwater runoff management,
and groundwater monitoring.
(c)
Replace equipment or expand in a manner that improves the environmental
and safety technologies being utilized.
(d)
Devise, file and maintain a current contingency plan which details
the response to any emergency which occurs at the facility, including
notifying municipal, county and state officials. Provide a current
copy to County Emergency Government and the Village of Trempealeau.
(3)
The individual, person, partnership, corporation, or other legal
entity and/or facility making the request shall reimburse the Village
for consultant fees and Planning Commission expenses associated with
this review at the invoiced amount, plus administrative costs.
(4)
The Village shall not collect a general permit fee for conditional
use permits required under this section.
(5)
The Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Village Plan Commission. Any conditions above and beyond those specified in this Subsection F, Conditional uses, that are recommended by the Plan Commission may be applied to the granting of the conditional use permit.
A.
In the event that an individual and/or facility causes the release
of any contaminants which endanger the District, the individual and/or
facility causing said release shall immediately stop the release and
clean up the release to the satisfaction of the Village.
B.
The individual/facility shall be responsible for all costs of cleanup,
including all of the following:
(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.
D.
All ordinances in conflict with the foregoing are hereby repealed
or amended to read consistent with this chapter.
Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.
