[HISTORY: Adopted by the Village Board of the Village of
Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 11.1 of the 2000 Code]
This article is intended to prevent unused, unsafe, and/or improperly
constructed wells from serving as a passage for contaminated water
on or near surface waters or other materials to reach the usable groundwater.
These wells must be properly filled and sealed.
As used in this article, the following terms shall have the
meanings indicated:
A natural forming contaminant which shall not exceed 10 parts
per billion within a potable water system as stated within the Wisconsin
Administrative Code for safe drinking water.
Community water system owned by a city, village, county,
town, town sanitary district, utility district, public inland lake
and rehabilitation district, municipal water district or a federal,
state, county, or municipally owned institution for congregate care
or correction, or a privately owned water utility serving the foregoing.
Well or pump installation which does not comply with § NR
812.42, Wisconsin Administrative Code, in Subchapter IV, Standards
for Existing Installations, and which has not been granted a variance
pursuant to § NR 812.43, Wisconsin Administrative Code.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
One which produces water which is bacteriologically contaminated
or contaminated with substances which exceeds the drinking water standards
of Chapter NR 809, Wisconsin Administrative Code, or for which a health
advisory has been issued by the Department of Natural Resources.
One which is not used or does not have a functional pumping
system.
A drill hole or other excavation or opening deeper than it
is wide that extends more than 10 feet below the ground surface constructed
for the purpose of obtaining groundwater.
The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wisconsin Administrative Code.
A.
All wells on premises served by the municipal water system shall be properly abandoned in accordance with § 280-5 of this article not later than 90 days from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by Village of Hobart/Hobart Utility District or its agent under terms of § 280-4 of this article.
[Amended 7-5-2011]
Owners of wells on premises served by the municipal water system
wishing to retain their wells or construct a well for any use shall
make applications for a well operation permit for each well at the
same time an inside plumbing permit is applied for or prior to the
construction of any well. The Village of Hobart/Hobart Utility District
or its agent shall grant a permit to a well owner to operate a well
for a period not to exceed the maximum license duration provided in
State of Wisconsin Administrative Code § NR 810.16(2) in
all areas serviced by the municipal water system, providing all conditions
of this section are met. A well operation permit may be renewed by
submitting an application verifying that the conditions of this section
are met. The Village of Hobart/Hobart Utility District or its agent
may conduct inspections and water quality tests or require inspections
and water quality tests to be conducted at the applicant's expense
to obtain or verify information necessary for consideration of permit
application or renewal. Permit applications and renewals shall be
made on forms provided by the Village of Hobart/Hobart Utility District
or its agent. All initial and renewal applications must be accompanied
by a fee for the well operation permit and a one-time fee for an inside
plumbing permit. These fees will be as established by resolution of
the Village Board. The following conditions must be met for issuance
or renewal of a well operation permit:
A.
The well and pump installation shall meet the standards for existing
installations described in § NR 812.42, Wisconsin Administrative
Code.
B.
The well and pump shall have a history of producing safe water and
shall meet the requirements of Section 810.16 of the Wisconsin Administrative
Code, and any amendments thereto. In the areas served by the municipal
water system south of Highway 54, along with the first test and all
subsequent tests, the water shall be tested for arsenic. In areas
where the Department of Natural Resources has determined that groundwater
aquifers are contaminated with substances other than the above mentioned,
additional chemical tests may be required to document the safety of
the water. All well water samples shall be analyzed by a state-certified
lab using the appropriate Safe Drinking Water Act (SDWA) method. Any
new well constructed after the effective date of this article must
be shown by the owner to be in compliance with this article within
six months of construction of the well. In the event that any well
is not in compliance, it shall be brought into compliance or abandoned.
[Amended 1-6-2015 by Ord.
No. 01-2015; 3-17-2015 by Ord. No. 02-2015]
C.
There shall be no cross-connections between the well's pump
installation or distribution piping and the municipal water system.
D.
The water from the private well shall not discharge into a drain
leading directly to a public sanitary sewer unless properly metered
and authorized by the sewer utility.
E.
The private well shall have a functional pumping system.
F.
The proposed use of the private well shall be justified as reasonable
(i.e., lawn watering, gardening, livestock) in addition to water provided
by the municipal water system.
A.
All wells abandoned under the jurisdiction of this article shall
be done according to the procedures and methods of § NR
812.26, Wisconsin Administrative Code. All debris, pumps, piping,
unsealed lines and any other obstructions which may interfere with
sealing operations shall be removed prior to abandonment.
B.
The owner of the well or the owner's agent shall be required
to obtain a well abandonment permit prior to any well abandonment
and shall notify the Village of Hobart/Hobart Utility District or
its agent at least 48 hours in advance of any well abandonment activities.
The abandonment of the well may be observed or verified by personnel
of the municipal water system.
C.
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Village of
Hobart/Hobart Utility District or its agent and the Department of
Natural Resources within 30 days of the completion of the well abandonment.
D.
All wells shall be abandoned by a DNR licensed well driller or pump
installer contractor. The Village of Hobart shall approve and/or specify
the well contractor.
A.
Any well owner violating any provision of this article shall be subject to the penalties provided in § 1-3.
[Amended 1-6-2015 by Ord.
No. 01-2015; 3-17-2015 by Ord. No. 02-2015]
B.
If any
person fails to comply with this article for more than 30 days after
receiving written notice of the violation, the Village of Hobart/Hobart
Utility District may impose a penalty and cause the well abandonment
to be performed and the expense to be assessed as a special tax against
the property.
[Adopted as § 11.2 of the 2000 Code]
This article shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (WHPO).
A.
The users of the Village of Hobart/Hobart Utility District's
water supply system depend exclusively on groundwater for a safe drinking
water supply. Certain land use practices and activities can threaten
or degrade groundwater quality. The purpose of the WHPO is to institute
land use regulations and restrictions to protect the Village of Hobart/Hobart
Utility District's municipal water supply, and to promote the
public health, safety and general welfare of the residents of the
Village of Hobart/Hobart Utility District and the Village of Hobart.
B.
These regulations are established pursuant to the authority granted
the Village by the Wisconsin Statutes, including but not limited to
§§ 61.34 and 61.35 Wis. Stats., which provide for groundwater
protection in municipal planning and zoning.
A.
The regulations specified in the WHPO shall apply within the corporate
limits of the Village of Hobart.
B.
No new use or change in use of any structure, or land shall be located,
extended, converted or structurally altered and no development shall
commence without full compliance with the terms of this article and
other applicable regulations.
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.
The cone-shaped area around a well, in which the water level
is lowered by pumping of the well. The cone of depression for Well
No. 1 of the Village of Hobart/Hobart Utility District's water
supply system has been estimated.
The "five-year TOT" is the outer boundary of the recharge
area, of which it is determined or estimated that groundwater and
potential contaminants will take five years to reach a pumping well(s).
Ridge in the water table or potentiometric surface from which
groundwater moves away at right angles in both directions. Line of
highest hydraulic head in the water table or potentiometric surface.
That area contained on the map attached as Exhibit A and
incorporated herein.[1]
An existing lawful use of land, structure, building or accessory
use which is not in conformity with the provisions of this article.
Area in which water reaches the zone of saturation by surface
infiltration and encompasses all area or features that supply groundwater
recharge 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, the map of the groundwater protection
area, is on file in the Village Clerk-Treasurer's office.
The groundwater protection area are the lands immediately surrounding
the well. See Exhibit A.[1] Limitations which are placed on this area are those identified
in the Wisconsin Administrative Code and those prohibited uses in
Subsection D below. The area is an area within a one-thousand-two-hundred-foot
radius of the well. The setbacks to contamination sources as set forth
in Ch. NR 811, Wis. Adm. Code, shall be part of this article and enforceable
under this article.
A.
Administrative Code separation distances.
(1)
Intent. The area to be protected are the lands immediately surrounding
Hobart Well No. 1. These lands are subject to the most stringent land
use and development restrictions because of their close proximity
to the well field and the corresponding high threat of contamination.
B.
Separation distances from the municipal well.
(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 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 are 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 Agriculture, Trade and Consumer Protection or its designated agent
under § ATCP 93.110, 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 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 destruct
or, processing, wood burning, 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 Agriculture, Trade and Consumer
Protection or its designated agent under § ATCP 93.110,
Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer
handling or storage facilities.[2]
C.
Permitted uses. The following uses are permitted within the area:
D.
Prohibited uses. The following uses are prohibited uses within Area
A:
(1)
Pesticide and/or fertilizer storage and use.
(2)
Septage and/or sludge spreading.
(3)
Animal waste land spreading.
(4)
Animal waste facilities.
(5)
Animal confinement facilities.
(6)
Gas stations.
(7)
Vehicle repair establishments, including auto body repair.
(8)
Printing and duplicating.
(9)
Bus or truck terminals.
(10)
Repair shops.
(11)
Wastewater treatment facilities.
(12)
Spray wastewater facilities.
(13)
Junkyards or auto salvage yards.
(14)
Bulk fertilizer and pesticide facilities.
(15)
Asphalt products manufacturing.
(16)
Dry cleaning facilities.
(17)
Salt storage.
(18)
Electroplating.
(19)
Exterminating shops.
(20)
Paint and coating manufacturing.
(21)
Hazardous and toxic materials storage and use.
(22)
Hazardous and toxic waste facilities.
(23)
Radioactive waste facilities.
(24)
Tire and battery services.
(25)
Garage and vehicular towing.
(26)
Public and municipal maintenance garages.
[1]
Editor's Note: Exhibit A, the map of the groundwater protection
area, is on file in the Village Clerk-Treasurer's office.
A.
Individuals and/or facilities may request the Village of Hobart to
permit other land uses in the groundwater protection Area A.
B.
All requests shall be in writing to the Village of Hobart and shall
include an Environmental Assessment Report prepared by a licensed
professional engineer.
D.
Any permitted uses shall be conditional and may include required
environmental and safety monitoring consistent with local, state and
federal requirements, and/or bonds and/or sureties satisfactory to
the Village.
Insofar as the standards in this section are not inconsistent
with the provisions of § 62.23(7)(h), Wis. Stats., they
shall apply to all nonconforming uses. The existing lawful use of
a structure or building or its accessory use which is not in conformity
with the provisions of this article may be continued, subject to the
following conditions:
A.
No modifications or additions to a nonconforming use shall be permitted
unless they are made in conformity with the provisions of this section.
For the purposes of this section, the words "modification" and "addition"
shall include, but not be limited to, any alteration, addition, modification,
rebuilding or replacement of any such existing structure or accessory
use. Ordinary maintenance repairs are not considered structural repairs,
modifications or additions; such ordinary maintenance repairs include
internal and external painting, decorating, paneling and the replacement
of doors, windows and other nonstructural components.
B.
If a nonconforming use is discontinued for 12 consecutive months,
any future use of the land, structure or building shall conform with
the appropriate provisions of this article.
A.
Facilities shall provide copies of all federal, state and local facility
operation approvals or certificate and ongoing environmental monitoring
results to the Village of Hobart.
B.
Facilities shall provide additional environmental or safety structures/monitoring
as deemed necessary by the Village of Hobart, which may include but
are not limited to stormwater runoff management and monitoring.
C.
Facilities shall replace equipment or expand in a manner that improves
the existing environmental and safety technologies already in existence.
D.
Facilities shall have the responsibility of devising and filing with
the Village of Hobart a contingency plan satisfactory to the Village
of Hobart for the immediate notification of Village of Hobart officials
in the event of an emergency.
E.
In the event the individual and/or facility causes the release of
any contaminants which endanger the Village of Hobart, the activity
causing said release shall immediately cease and a cleanup satisfactory
to the Village shall occur.
A.
Violations. It shall be unlawful to construct or use any structure,
land or water in violation of any of the provisions of this article.
In case of any violation, the Village Board may institute appropriate
action or proceedings to enjoin a violation of this article.
B.
C.
The individual/facility shall be responsible for all costs of cleanup,
Village consultant fees at the invoice amount, plus administrative
costs for oversight, review and documentation.
