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.
[Amended 5-21-2018 by Ord. No. 2018-01]
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.
(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.
(b)
Chemical manufacturers (Standard Industrial Classification Major
Group 28).
(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.
(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).
(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.
(m)
Wood preserving operations.
(n)
Any other use determined by the Common Council to be similar
in nature to the above-listed uses.
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.
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.
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.
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.
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.
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.
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.
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.