City of Glenwood, WI Chapter 442 Wellhead Protection

[HISTORY: Adopted by the Common Council of the City of Glenwood City 9-8-2014 by Ord. No. 2014-04 (Title 8, Ch. 4, of the 2003 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 184.

Construction site erosion control — See Ch. 200.

Stormwater management — See Ch. 364.

Floodplain zoning — See Ch. 415.

Shoreland zoning — See Ch. 430.

Subdivision of land — See Ch. 435.

Zoning — See Ch. 450.

§ 442-1 Purpose, authority and application.

A. Purpose. The residents of the City of Glenwood 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 chapter is to establish a groundwater protection overlay district to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply, providing protection for the aquifer and municipal water supply of the City of Glenwood City and promoting the public health, safety and general welfare of City residents.

B. Authority. Statutory authority of the City to enact these regulations was established by the Wisconsin Legislature in 1983 Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection, in § 62.23(7)(c), Wis. Stats., to the statutory authorization for municipal planning and zoning to protect the public health, safety and welfare.

C. Application. The regulations specified in this chapter shall apply to the incorporated areas of the City of Glenwood City that lie within the recharge areas for municipal water supply wells and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this chapter and Chapter 450, Zoning, the more restrictive provision shall apply.

§ 442-2 Definitions.

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.

EXISTING FACILITIES

Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. 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 PROTECTION OVERLAY DISTRICT

That area of land which contributes water to a municipal well based on accepted hydrogeological research, outlined and described as a wellhead protection area by the City's Wellhead Protection Plan.

HAZARDOUS CHEMICALS

Chemicals and chemical mixtures that are required to have a material safety data sheet (MSDS) and meet the definition of "hazardous chemical" under the Occupational Safety and Health Administration (OSHA) regulations found at 29 CFR 1910.1200(c). Substances packaged for consumption for humans or animals are not considered hazardous chemicals. Hazardous chemicals include:

A. Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, Health Hazard Criteria (Mandatory).

B. Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

C. Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises 1.0% or greater of the composition on a weight-per-unit weight basis.

D. Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight-per-unit weight basis.

E. Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than 0.1% of the mixture on a weight-per-unit weight basis if carcinogenic, or more than 1.0% of the mixture on a weight-per-unit weight basis if noncarcinogenic.

F. Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).

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. This area may extend beyond the corporate limits of the City of Glenwood City.

WELL FIELD

A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

§ 442-3 Groundwater Protection Overlay District.

[Amended 5-21-2018 by Ord. No. 2018-01][1]

The boundaries of the Groundwater Protection Overlay District shall be shown on the City of Glenwood City Zoning Map. The locations and boundaries of the zoning districts established by this chapter are set forth in Figures 8 and 9, City of Glenwood City Wellhead Protection Plan, Well No. 3 and No. 4, dated April 2018 (on file in the office of the City Clerk-Treasurer), incorporated herein and hereby made a part of this chapter. Said figures, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein. The Groundwater Protection Overlay District is hereby created to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply and thus promotes public health, safety and welfare. The district is intended to protect the groundwater recharge area for the existing or future municipal water supply from contamination. The Groundwater Protection Overlay District is divided into Zone 1 and Zone 2 as follows:

A. Zone 1 of Groundwater Protection Overlay District. Zone 1 is the area of land which contributes water to the well in question, out to a five-year time of travel to the well. Time of travel delineations are based on accepted hydrogeological research as outlined in the City of Glenwood City Wellhead Protection Plan, with zone boundaries normalized to the nearest public land survey system boundaries.

(1) Permitted uses. The following uses are permitted in Zone 1 subject to the separation distances in § 442-4:

(a) Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

(b) Playgrounds.

(c) Wildlife areas.

(d) Nonmotorized trails, such as bike, skiing, nature and fitness trails.

(e) Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.

(f) Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.

(2) Conditional uses. The following uses may be conditionally permitted in Zone 1 subject to the separation distances in § 442-4:

(a) Buried hydrocarbon, petroleum or hazardous chemical storage tanks. [Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.]

(b) Motor vehicle services, including filling and service stations, repair, renovation and body work.

(c) Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.

(3) Prohibited uses.

(a) Cemeteries.

(b) Chemical manufacturers (Standard Industrial Classification Major Group 28).

(c) Coal storage.

(d) Dry cleaners.

(e) Industrial lagoons and pits.

(f) Landfills and any other solid waste facility, except post-consumer recycling.

(g) Manure and animal waste storage except animal waste storage facilities regulated by the county.

(h) All mining including sand and gravel pits.

(i) Pesticide and fertilizer dealer, transfer or storage facilities.

(j) Railroad yards and maintenance stations.

(k) Rendering plants and slaughterhouses.

(l) Bulk storage of salt or deicing material.

(m) Salvage yards or junkyards.

(n) Septage or sludge spreading, storage or treatment.

(o) Septage, wastewater, or sewage lagoons.

(p) Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

(q) Stockyards and feedlots.

(r) Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention.

(s) Wood preserving operations.

(t) Any other use determined by the Common Council to be similar in nature to the above-listed uses.

B. Zone 2 of Groundwater Protection Overlay District. Zone 2 is the area of land which contributes water to the well in question, from the five-year time of travel to the City boundary limit. Time of travel delineations are based on accepted hydrogeological research as outlined in the City of Glenwood City Wellhead Protection Plan, with zone boundaries normalized to the nearest public land survey system boundaries.

(1) Permitted uses. The following uses are permitted in Zone 2 subject to the separation distances in § 442-4:

(a) All uses listed as permitted uses in Zone 1.

(2) Conditional uses. The following uses may be conditionally permitted in Zone 2 subject to the separation distances in § 442-4:

(a) Buried hydrocarbon, petroleum or hazardous chemical storage tanks. [Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.]

(b) Motor vehicle services, including filling and service stations, repair, renovation and body work.

(c) Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.

(3) Prohibited uses.

(a) Chemical manufacturers (Standard Industrial Classification Major Group 28).

(b) Coal storage.

(c) Industrial lagoons and pits.

(d) Landfills and any other solid waste facility, except post-consumer recycling.

(e) Manure and animal waste storage except animal waste storage facilities regulated by the county.

(f) All mining including sand and gravel pits.

(g) Railroad yards and maintenance stations.

(h) Rendering plants and slaughterhouses.

(i) Salvage yards or junkyards.

(j) Septage, wastewater, or sewage lagoons.

(k) Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

(l) Stockyards and feedlots.

(m) Wood preserving operations.

(n) Any other use determined by the Common Council to be similar in nature to the above-listed uses.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 442-4 Separation distances.

The following separation distances as specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained in all zones of the Groundwater Protection Overlay District:

A. Fifty feet between a well field and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints.

B. Two hundred feet between a well field and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private on-site wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.

C. Three hundred feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Agriculture, Trade and Consumer Protection or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Three hundred feet between a well field and any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; or other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Agriculture, Trade and Consumer Protection or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Four hundred feet between a well field and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.

F. Six hundred feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; or other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Agriculture, Trade and Consumer Protection or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. One thousand feet between a well field and land application of municipal, commercial, or industrial waste; the boundaries of a land-spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

H. One thousand two hundred hundred feet between a well field and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; or any single wall farm underground storage tank or single wall farm aboveground storage tank or other single wall underground storage tank or aboveground storage tank that has or has not received written approval from the Department of Agriculture, Trade and Consumer Protection or its designated local program operator under § ATCP 93.110, Wis. Adm. Code, for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances and bulk pesticide or fertilizer handling or storage facilities.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 442-5 Conditional use permits.

Individuals and/or facilities may request the City, in writing, to permit additional land uses in the Groundwater Protection Overlay District.

A. Required application materials.

(1) All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the City, and may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the City and/or designee(s) for recommendation and final decision by the Common Council.

(2) The individual/facility shall reimburse the City for all consultant fees associated with this review at the invoiced amount plus administrative costs.

(3) 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.

B. Referral to Planning Commission. A properly filed application shall be referred to the Planning Commission for its review. The Planning Commission shall review the application, hold a public hearing and make a recommendation to the Common Council.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Standards for conditional use. The Common Council shall apply the following factors:

(1) The City's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.

(2) The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the City or the City's recharge area.

(3) The economic hardship which may be faced by the landowner if the application is denied.

(4) The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.

(5) The proximity of the applicant's property to other potential sources of contamination.

(6) The then existing condition of the City's groundwater public water well(s) and well fields, and the vulnerability to further contamination.

(7) The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

(8) Any other hydrogeological data or information which is available from any public or private agency or organization.

(9) The potential benefit, both economic and social, from the approval of the applicant's request for a permit.

D. Types of conditions which the Common Council may require.

(1) The Common Council may stipulate conditions and restrictions including but not limited to the following:

(a) A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The City may require an applicant to install one or more groundwater monitoring wells, at the expense of the applicant.

(b) The establishment of safety structures to prevent groundwater contamination.

(c) The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination.

(d) Written policies and procedures for reporting and cleaning up any spill of a hazardous material.

(e) The provision of copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the City.

(f) A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination.

(g) Bonds and/or securities satisfactory to the City for future monitoring and cleanup costs if groundwater contamination occurs in the future.

(2) The foregoing conditions are listed for illustration purposes and are not exclusive.

E. Transfers of interest in property. Conditional use permits issued under this section are nontransferable to successor owners of the property subject to the permit without the express written consent of the Common Council. The Common Council may set conditions and restrictions on the transfer, including but not limited to a stipulation that the permit shall not be transferred unless the new owner expressly and in writing assumes the same terms, if any, for personal liability as were required of the former owner in the conditional use permit to be transferred. Written permission shall be obtained prior to the voluntary transfer of the subject property. When an involuntary transfer occurs, the new owner, trustee, or other successor to an interest in the real property shall apply to the City within 60 days for permission to continue the use granted by the conditional use permit.

F. Payment of costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application. The conditional use will become effective only after any costs incurred by the City during the conditional use application review process and billed to the applicant are paid by the applicant. Those costs may include:

(1) The City's expenses, including consultant and attorney fees, if any, associated with the review at the invoiced amount plus administrative costs.

(2) The cost of an environmental impact study if so required by the City or its designee.

(3) The cost of groundwater monitoring or groundwater wells if required by the City or its designee.

(4) The costs of an appraisal for the property or other property evaluation expense if required by the City or its designee.

§ 442-6 Existing nonconforming uses.

Nonconforming uses lawfully in existence within the Groundwater Protection Overlay District at the adoption of this chapter creating this district may continue to exist in the form and scope in which they existed at that time subject to the following provisions:

A. Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the City upon request.

B. Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

C. In the event a lawful nonconforming use poses a direct hazard to the City's public water supply, the City may take any action permitted by law to abate the hazard.

D. Existing facilities shall have the responsibility of devising and/or filing with the City a contingency plan satisfactory to the Planning Commission for the immediate notification of the appropriate City officers in the event of an emergency.

§ 442-7 No acceptance of liability by City.

Nothing in this chapter shall be construed to imply that the City has accepted any of an owner's or operator's liability if a facility or use, whether permitted as of right or pursuant to a conditional use permit, contaminates groundwater in any aquifer.

§ 442-8 Enforcement; violations and penalties.

A. In the event that an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing said release shall immediately cease and desist and provide cleanup satisfactory to the City of Glenwood City.

B. The individual/facility shall be responsible for all costs of cleanup and the City of Glenwood City consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, which includes all of the cost of City employees' time associated in any way with the cleanup, the cost of City equipment employed and the cost of mileage reimbursed to the City employees attributed to the cleanup.

C. Following any such discharge, the City may require additional test monitoring or other requirements as outlined in §§ 442-5 and 442-6 herein.

D. Violations. It shall be unlawful to construct or use any structure, land or water in violation of this chapter. Any person who is specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

E. Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).