The residents of the Village of Darien (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.
These regulations are established pursuant to the authority
granted to Villages by the Wisconsin Legislature in Sections 61.35
and 62.23(7)(a) and (c), Wis. Stats. to adopt ordinances to protect
groundwater.
EXISTING FACILITIES — 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. 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 as if fully set forth.
GROUNDWATER DIVIDE — A ridge in the water table or the potentiometric
surface from which ground water flows away at right angles in both
directions. A groundwater divide is represented by the line of highest
hydraulic head in the water table or potentiometric surface.
RECHARGE AREA — The land area which contributes water to a
well by infiltration of water into the subsurface and movement with
groundwater toward the well as described in the Village's wellhead
protection plan. A copy of the Village's wellhead protection
plan can be obtained from the Village Clerk.
GROUNDWATER PROTECTION OVERLAY DISTRICT — That area described
within the Village's wellhead protection plan. A map of the overlay
district is attached to this chapter.
Intent. The area to be protected as a district is that portion of
the Darien well fields' recharge areas included within a calculated
fixed radius around each well, as determined in the wellhead protection
plan, and contained within the Village boundary limits and shown on
the attached map. 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.
Permitted Uses. Subject to the exemptions listed in Subsection (C)(3)(e)
of this section, the following are the only permitted uses within
the district. Uses not listed are to be considered nonpermitted uses:
Separation Distances. The following separation distances as specified
in Section NR 811.16(4)(d), Wis. Adm. Code, shall be maintained and
shall not be exempted as listed in Subsection (C)(3)(e). The following
separation distances shall apply for Village wells #1, #2 and #3:
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.
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 storm
water drainage pond.
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 Commerce (hereafter Commerce) or its designated
agent under Section Comm. 10.10, Wis. Adm. Code.
One thousand feet between a well and land application of municipal,
commercial or industrial waste; the boundaries of a landspreading
facility for spreading of petroleum-contaminated soil regulated under
Chapter 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.
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 Chapter 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 commerce or its designated agent
under Section Comm. 10.10, Wis. Adm. Code; bulk fuel storage facilities
and pesticide or fertilizer handling or storage facilities.
Existing facilities shall provide copies of all federal, state
and local facility operation approvals or certificate and on-going
environmental monitoring results to the Village.
Existing facilities shall provide additional environmental or
safety structures/monitoring as deemed necessary by the Village, which
may include but is not limited to stormwater runoff management and
monitoring.
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
Existing facilities shall have the responsibility of devising
and filing with the Village a contingency plan satisfactory to the
Village which details how they intend to respond to any emergency
which may cause or threaten to cause environmental pollution that
occurs at their facility, including the prompt notification of Village
officials in the event of an emergency.
Existing facilities cannot engage in or employ a use, activity or structure listed in prohibited uses, Subsection (C)(2) of this section which they did not engage in or employ at the time of enactment of a district and can only expand or replace in kind or rebuild those present uses, activities, equipment 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 used. No existing use, activity or structure listed as prohibited use or conditional use permit is granted for expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.
The owners of existing facilities shall comply with the requirements
of this section to provide information, protections, monitoring or
filing not less than six months after the effective date of this section.
All requests shall be in writing. Such requests may require
an environmental assessment report prepared by a licensed environmental
engineer. Such report shall be forwarded to the Village and/or designee(s)
for recommendation and final decision by the Village Board.
The individual/facility shall reimburse the Village for all
consultant fees associated with this review at the invoiced amount
plus administrative costs.
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 Village.
The regulation of an overlay district will apply in addition to all
other regulations that occupy the same geographic area. The provisions
of any zoning districts that underlay the overlay district will apply
except when provisions of the groundwater protection overlay district
are more stringent.
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 the release shall immediately stop the release and
clean up the release to the satisfaction of the Village.
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;