[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.]
GENERAL REFERENCES
Hazardous materials and pollution — See Ch. 288.
Health and sanitation — See Ch. 293.
Water — See Ch. 476.
Zoning — See Ch. 520.
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:
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.
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:
AQUIFER
A saturated, permeable, geologic formation that contains and will yield significant quantities of water.
CONE OF DEPRESSION
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
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.
FIVE YEAR TIME OF TRAVEL
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.
RECHARGE AREA
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.
THIRTY-DAY TIME OF TRAVEL
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.
WELL FIELD
A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
WELLHEAD PROTECTION OVERLAY DISTRICT
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.
ZONE OF SATURATION
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).