[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer as indicated in article histories. Amendments noted
where applicable.]
[Current rates and related enactments are on file in the
Village offices.]
[Adopted 10-4-1993 (Title
9, Ch. 1, Art. B, of the 1993 Code of Ordinances), as amended through 2-17-2015]
All persons now receiving a water supply from the Village of
Spencer Water Utility, or who may hereafter make application therefor,
shall be considered as having agreed to be bound by the rules and
regulations as filed with the Public Service Commission of Wisconsin.
A.
Application for water service shall be made in writing on a form
furnished by the Water Utility. The application will contain the legal
description of the property to be served, name of the owner, the exact
use to be made of the service, and the size of the supply pipe and
meter desired. (NOTE: particularly any special refrigeration and/or
air-conditioning or water-consuming appliances.)
B.
Service will be furnished only if:
(1)
Premises have a frontage on a properly platted street or public strip
in which a cast iron or other long-life water main has been laid,
or where property owner has agreed to and complied with the provisions
of the Utility's filed main extension rule.
(2)
The property owner has installed or agrees to install a service pipe
from the curbline to the point of use, and laid not less than six
feet below the surface of an established or proposed grade, and according
to the Utility's specification.
(3)
Premises have adequate piping beyond metering point.
C.
The owner of a multiunit dwelling has the option of being served
by individual metered water service to each unit. The owner, by selecting
this option, is required to provide interior plumbing and meter settings
to enable individual metered service to each unit and individual disconnection
without affecting service to the other units. Each meter and meter
connection will be a separate Water Utility customer for the purpose
of the filed rules and regulations.
D.
No division of the water service of any lot or parcel of land shall
be made for the extension and independent meterage of the supply to
an adjoining lot or parcel of land. No division of a water supply
service shall be made at the curb for separate supplies therefrom
for two or more separate premises having frontage on any street or
public service strip whether owned by the same or different parties.
E.
The Utility is hereby empowered to withhold approval of any application
wherein full information of the purpose of such supply is not clearly
indicated and set forth by the applicant property owner.
A.
The minimum service contract period shall be one year unless otherwise
specified by special contract or in the applicable rate schedule.
Where the Utility service has been disconnected at the customer's
request prior to expiration of his minimum contract period, a reconnection
charge shall be made, payable in advance, when the customer requests
reconnection of service. (See Schedule R-1 for applicable rate.[1]) The minimum contract period is renewed with each reconnection.
[1]
Editor's Note: The rate schedules are on file in the Village
offices.
B.
A reconnection charge shall also be required from consumers whose
services are disconnected (shut off at curb stop) because of nonpayment
of bills when due (not including disconnection for failure to comply
with deposit or guarantee rules). (See Schedule R-1 for applicable
rate.)
C.
A consumer shall be considered as the same consumer, provided the
reconnection is requested for the same location by any member of the
same family, or if a place of business, by any partner or employee
of the same business.
An applicant for temporary water supply on a metered basis shall
make and maintain a monetary deposit for each meter installed as security
for payment for use of water and for such other charges which may
arise from the use of the supply. A charge shall be made for setting
the valve and furnishing and setting the meter. See Schedule D-1 for
applicable rate.[1]
[1]
Editor's Note: The rate schedules are on file in the Village
offices.
A.
When water is requested for construction purposes, or for filling
tanks or other such uses, an application therefor shall be made to
the Utility, in writing, upon application provided for that purpose
in the Water Utility office, giving a statement of the amount of construction
work to be done, or the size of the tank to be filled, etc. Payment
for the water for construction shall be made in advance at the scheduled
rates. The service pipe must be installed inside the building from
where the water must be drawn. No connection with the service pipe
at the curb shall be made without special permission from the Utility.[1]
B.
In no case will any employee of the Utility turn on water for construction
work unless the contractor first presents a permit. Upon completion
of the construction work, the contractor must return the original
permit to the Utility, together with a statement of the actual amount
of construction work performed.
A.
In cases where no other supply is available, permission may be granted
by the Water Utility to use a hydrant. No hydrant shall be used until
it is equipped with a sprinkling valve. A charge in an amount as set
by the Village Board will be made for setting a valve or for moving
it from one hydrant to another. In no case shall any valve be moved
except by an employee of the Water Utility.[1]
B.
Before a valve is set, payment must be made for its setting and for
the water to be used at the scheduled rates. The applicant must make
a deposit as set by the Village Board for the hydrant wheel and a
deposit as set by the Village Board for the reducer, if necessary.
When the contractor has finished using the hydrant, he must notify
the Water Utility to that effect. The minimum charge for the use of
water from a hydrant will be as set by the Village Board, exclusive
of the deposit, but including the charge for setting the valve.[2]
C.
In the use of a hydrant supply, the hydrant valve will be set at
the proper opening by the Utility when the sprinkling valve is set,
and the flow of water must be regulated by means of the sprinkling
valve. If the water is to be used through iron pipe connections, all
such pipe installations shall have the swing joint to facilitate quick
disconnection from the fire hydrant.
Any person who shall, without authority of the Utility, allow
contractors, masons, or other unauthorized persons to take water from
their premises, operate any valve connected with the street or supply
mains, or open any fire hydrant connected with the distribution system,
except for the purpose of extinguishing fire, or who shall wantonly
damage or impair the same shall be subject to a fine as provided by
municipal ordinances. Permits for the use of hydrants apply only to
such hydrants as are designated for the specific use.
All moneys deposited as security for payment of charges arising
from the use of temporary water supply on a metered basis, or for
the return of a sprinkling valve wheel or reducer, if the water is
used on an unmetered basis, will be refunded to the depositor on the
termination of the use of water, the payment of all charges levied
against the depositor, and the return of the wheel and reducer.
A.
No water service shall be laid through any trench having cinders,
rubbish, rock or gravel fill, or any other material which may cause
injury to or disintegration of the service pipe, unless adequate means
of protection are provided by sand filling or such other insulation
as may be approved by the Utility. Service pipes passing through curb
or retaining walls shall be adequately safeguarded by provision of
a channel space or pipe casing, not less than twice the diameter of
the service connection. The space between the service pipe and channel
or pipe casing shall be filled and lightly caulked with an oakum,
mastic cement, or other resilient material, and made impervious to
moisture.
B.
In backfilling the pipe trench, the service. Pipe must be protected
against injury by carefully hand tamping the ground filling, free
from hard lumps, rocks, stones, or other injurious material, around
and at least six inches over the pipe.
C.
All water supplies shall be of undiminished size from the street
main in to the point of meter placement. Beyond the meter outlet valve,
the piping shall be sized and proportioned to provide, on all floors,
at all times, an equitable distribution of water supply for the greatest
probable number of fixtures or appliances operating simultaneously.
A.
In cases where a new customer whose service is to be metered installs
the original service piping or where an existing metered customer
changes his service piping for his own convenience, or where an existing
flat rate customer requests to be metered, the customer shall, at
his expense, provide a suitable location and the proper connections
for the meter. The Water Utility should be consulted as to the type
and size of meter setting. Where it is possible to set meters in the
basement, or other suitable place within the building, a short nipple
shall be inserted after the stop and waste cock, then a union, and
then another nipple and coupling of the proper length. The nipple
attached to the union and coupling shall be cut to a standard length
provided by the plans of the Utility (It may require a horizontal
run of 18 inches in such pipeline.) which may later be removed for
the insertion of the meter into the supply line.
B.
No permit will be given to change from metered to flat rate service.
The water cannot be turned on for a consumer except by a duly
authorized employee of the Utility. When a plumber has completed a
job, he must leave the water turned off. This does not prevent the
plumber from testing the work.
A.
Where the Utility is unable to read a meter after two successive
attempts, the fact will be plainly indicated on the bill, and either
an estimated bill will be computed or the minimum charge applied.
The difference shall be adjusted when the meter is again read, that
is, the bill for the succeeding month will be computed with the gallons
or cubic feet in each block of the rate schedule doubled and credit
will be given on that bill for the amount of the minimum bill paid
the preceding month. Only in unusual cases or where approval is obtained
from the customer shall more than two consecutive estimated bills
be rendered.
B.
If the meter is damaged (See § 464-23, Surreptitious use of water.) or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be properly employed, the bill will be estimated by some equitable method.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
The consumer shall protect the stop box in the terrace and shall
keep the same free from dirt and other obstructions. The Utility shall
not be liable for failure to locate the stop box and shut off the
water in case of a leak on the consumer's premises.
Meters will be furnished and placed by the Utility and are not
to be disconnected or tampered with by the consumer. All meters shall
be so located that they shall be protected from obstructions and permit
ready access thereto for reading, inspection and servicing, such location
to be designated or approved by the Utility. All piping within the
building must be supplied by the consumer. Where additional meters
are desired by the consumer, he shall pay for all piping and an additional
amount sufficient to cover the cost of maintenance and depreciation.
B.
Repair of any damage to a meter resulting from the carelessness of
the owner of the premises, his agent, or tenant, or from the negligence
of any one of them to properly secure and protect same, including
any damage that may result from allowing a water meter to become frozen
or to be injured from the presence of hot water or steam in the meter,
shall be paid for by the consumer or the owner of the premises.
A.
[1]The service pipe from the main to and through the curb
stop will be maintained and kept in repair and, when worn out, replaced
at the expense of the Utility. The property owner shall maintain the
service pipe from the curb stop to the point of use.
B.
If a consumer fails to repair a leaking or broken service pipe from
curb to point of metering or use within such time as may appear reasonable
to the Utility after notification has been served on the consumer
by the Utility, the water will be shut off and will not be turned
on again until the repairs have been completed.
See Ch. PSC 185, Wis. Adm. Code.
During reasonable hours any officer or authorized employee of
the Utility shall have the right of access to the premises supplied
with service, for the purpose of inspection or for the enforcement
of the Utility's rules and regulations. Whenever appropriate,
the Utility will make a systematic inspection of all unmetered water
taps for the purpose of checking waste and unnecessary use of water.
See Ch. PSC 185, Wis. Adm. Code.
A.
Disconnection. See Ch. PSC 185, Wis. Adm. Code.
B.
Disconnection notice. The form of disconnection notice to be used
is as follows:[1]
(1)
In the event the Utility is not able to collect any bill for water
service even though deposit and guarantee rules are on file, the bill
may be put upon the tax roll as provided in § 66.0809, Wis.
Stats.
[1]
Editor's Note: A copy of the notice is on file in the Village
offices.
When the Utility has reasonable evidence that a consumer is
obtaining his supply of water, in whole or in part, by means of devices
or methods used to stop or interfere with the proper metering of the
Utility service being delivered to his equipment, the Utility reserves
the right to estimate and present immediately a bill for service unmetered
as a result of such interference, and such bill shall be payable subject
to a twenty-four-hour disconnection of service. When the Utility shall
have disconnected the consumer for any such reason, the Utility will
reconnect the consumer upon the following conditions:
B.
The consumer will be required to pay the Utility for any and all
damages to its equipment on the consumer's premises due to such
stoppage or interference with its metering.
C.
The consumer must further agree to comply with reasonable requirements
to protect the Utility against further losses.
D.
Sections 98.26 and 943.20, Wis. Stats., as relating to water service,
are hereby adopted and made a part of these rules.
When premises are to be vacated, the Utility shall be notified
in writing at once, so that it may remove the meter and shut off the
supply at the curb cock. The owner of the premises shall be liable
to prosecution for any damage to the property of the Water Utility
by reason of failure to notify the Utility of vacancy.
The Utility reserves the right to shut off the water in the
mains temporarily, to make repairs, alterations or additions to the
plant or system. When the circumstances will permit sufficient delay,
the company will give notification, by newspaper publication or otherwise,
of the discontinuance of the supply. No rebate will be allowed to
consumers for such temporary suspension of supply.
It shall be the duty of the Utility to see that all open ditches
for water mains, hydrants, and service pipes are properly guarded
to prevent accident to any person or vehicle and at night there shall
be displayed amber signal light in such manner as will, so far as
possible, insure the safety of the public.
Contractors must ascertain for themselves the existence and
location of all service pipes. Where they are removed, cut or damaged
in the construction of a sewer, the contractor must at his own expense
cause them to be replaced or repaired at once. He must not shut off
the water service pipes from any consumer for a period exceeding six
hours.
Trenches in unpaved streets shall be refilled with moist, damp
earth, or by means of water tamping. When water tamping is used, the
water shall be turned into the trench after the first 12 inches of
backfill has been placed, and then the trench shall be kept flooded
until the remainder of the backfill has been put in.
A.
Protective devices in general. The owner or occupant of every premises
receiving water supply shall apply and maintain suitable means of
protection of the premises supply, and all appliances thereof, against
damage arising in any manner from the use of the water supply, variation
of water pressure, or any interruption, of water supply. Particularly,
such owner or occupant must protect water-cooled compressors for refrigeration
systems by means of high pressure safety cutout devices. There shall
likewise be provided means for the prevention of the transmission
of water ram or noise of operation of any valve or appliance through
the piping of their own or adjacent premises.
B.
Relief valves. On all "closed systems" (i.e., systems having a check
valve, pressure regulator, or reducing valve, water filter or softener),
an effective pressure relief valve shall be installed either in the
top tapping or the upper side tapping of the hot-water tank, or on
the hot-water distributing pipe connection at the tank. A one-half-inch
drainpipe shall be connected to the relief valve for discharge on
the floor or into a sink or open drain through an air gap. No stop
valve shall be placed between the hot-water tank and the relief valve
or on the drainpipe. (See applicable Village plumbing codes.[1])
C.
Air chambers. An air chamber or approved shock absorber shall be
installed at the terminus of each riser, fixture branch, or hydraulic
elevator main for the prevention of undue water hammer. The air chamber
shall have a diameter not less than that of the pipe it serves and
a length not less than 15 diameters of said supply pipe. Where possible,
the air chamber should be provided at its base with a valve and rain
cock for water drainage and replenishment of air.
A.
CROSS-CONNECTION
Definition of cross-connection.
Any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the Village
of Spencer's public water system, and the other of which contains
water from a private source, water of unknown or questionable safety,
or steam, gases, or chemicals, whereby there may be a flow from one
system to the other, with the direction of flow depending on the pressure
differential between the two systems.
B.
Unprotected cross-connections prohibited. No person, firm, or corporation
may establish or maintain, or permit to be established or maintained,
any unprotected cross-connection. Cross-connections shall be protected
as required in Ch. SPS 325, Wis. Adm. Code.
C.
Inspection. The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. (OPTIONAL: As an alternative, the water utility may require a person, firm, or corporation who owns, leases, or occupies property to have their plumbing inspected, at their own expense by a State of Wisconsin certified cross-connection inspector/surveyor.) The frequency of inspections shall be established by the water utility in accordance with Wisconsin Administrative Code. Any unprotected cross-connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross-connection shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section.
D.
Right of entry. Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross-connections. Refusing entry to such utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section. If entry is refused, a special inspection warrant under § 66.0119 of the Wisconsin Statutes may be obtained.
E.
Provision of requested information. The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section.
F.
Discontinuation of water for violation. The water utility may discontinue water service to any property wherein any unprotected connection in violation of this section exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection G of this section. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
G.
Emergency discontinuance. If it is determined by the water utility
that an unprotected cross-connection or emergency endangers public
health, safety, or welfare, and requires immediate action, and if
a written finding to that effect is filed with the Village Administrator-Clerk/Treasurer
and delivered to the customer's premises, water service may be
immediately discontinued. The customer shall have an opportunity for
hearing under Ch. 68, Wis. Stats., within 10 days of such emergency
discontinuance; water service to such property shall not be restored
until the unprotected cross-connection has been eliminated.
A.
Purpose. The purpose of this section is to prevent contamination
of groundwater and to protect public health, safety and welfare by
assuring that unused, unsafe or noncomplying wells, or wells which
may act as conduits for contaminations of groundwater, or wells which
may be illegally cross-connected to the municipal water system, are
properly maintained or abandoned.
B.
Applicability. This section applies to all wells located on premises served by the Village of Spencer municipal water system. Utility customers outside the jurisdiction of the municipal system may be required under contract agreement or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for the purpose stated in Subsection A above.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. The following definitions shall be applicable in this
section:
A system for the provision to the public of piped water for
human consumption when such system has at least 15 service connections
or regularly serves at least 25 year-round residents owned or operated
by a city, village, county, town, town sanitary district, utility
district or public institution, or a privately owned water utility
serving any of the above.[1]
A well or pump installation which does not comply with §
NR 812.42, Wis. Adm. Code, Standards for Existing Installations, and
which has not been granted a variance pursuant to § NR.
812.43, Wis. Adm. 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.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with substances which
exceed the drinking water standards of Ch. NR 140 or 809, Wis. Adm.
Code, or for which a health advisory has been issued by the Department
of Natural Resources.
A well or pump installation which is not in use 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, Wis. Adm. Code.
D.
Abandonment required. All wells located on premises served by the municipal system shall be abandoned in accordance with Subsection F of this section by October 31, 1991, or no later than one year from the date of connection to the municipal water system, whichever occurs last, unless a valid well operation permit has been issued to the well owner from the Village of Spencer, under the terms of this section.
E.
Well operation permit.
(1)
Owners of wells on premises served by the municipal water system
wishing to retain their wells for any use shall make application for
a well operation permit for each well no later than 90 days after
connection to the municipal water system. The Village of Spencer may
grant a permit to a private well owner to operate a well for a period
not to exceed five years, providing all conditions of this section
are met. An owner may request renewal of a well operation permit by
submitting an application verifying that the conditions of this section
are met. The Village of Spencer 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 a permit application or
renewal. Permit applications and renewals shall be made on forms provided
by the Village Administrator-Clerk/Treasurer.
(2)
The following conditions must be met for issuance or renewal of a
well operation permit:
(a)
The well and pump installation meet the Standards for Existing
Installations described in § NR 812.42, Wis. Adm. Code.
The well and pump system shall be evaluated by a licensed well driller
or pump installer and certified on the Wisconsin Well and Pressure
System Inspection Form 3300-221 to comply with Ch. NR 812, Subch.
IV, prior to issuing the initial permit and no less than every 10
years afterwards.
(b)
The well and pump shall have a history of producing safe water
evidenced by at least one coliform bacteria sample. In areas where
the Department of Natural Resources has determined that groundwater
aquifers are contaminated with substances other than bacteria, additional
chemical tests may be required to document the safety of the water.
(c)
There are no cross-connections between the well's pump
installation or distribution piping and the municipal water system.
(d)
The proposed use of the private well shall be justified as reasonable
in addition to water provided by the municipal water system.
(e)
The water from the private well shall not discharge into a drain
leading directly to a public sewer utility unless properly metered
and authorized by the sewer utility.
(f)
The private well shall have a functional pumping system.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this section or rule
shall be done according to the procedures and methods of § NR
812.26, Wis. Adm. Code. All debris, pumps, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.
(2)
The owner of the well, or the owner's agent, shall notify the
Village Administrator-Clerk/Treasurer 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 system.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted to the Village Administrator-Clerk/Treasurer
and the Department of Natural Resources within 30 days of the completion
of the well abandonment. The form must be completed by the licensed
well driller, pump installer, or certified operator performing the
abandonment.
G.
Penalties. Any well owner violating any provision of this section shall, upon conviction, be subject to the penalty provisions of § 1-3 of this Code. Each day of violation is a separate offense. If any person fails to comply with this section for more than 30 days after receiving written notice of the violation, the municipality 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.[2]
A.
Purpose and authority. The residents of the Village of Spencer 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 Wellhead Protection Ordinance
in this section is to institute land use regulations and restrictions
to protect the Village's municipal water supply and well fields,
and to promote the public health, safety and general welfare of the
residents of the Village of Spencer. Statutory authority of the Village
to enact these regulations was established by the Wisconsin Legislature
in § 62.23(7)(am) and (c), Wis. Stats. Under these statutes,
the Village has the authority to enact this section, effective in
the incorporated areas of the Village, to encourage the protection
of groundwater resources.
B.
Application of regulations. The regulations specified in this section
shall apply only to lands within the normalized boundary of the five-year
time of travel (TOT) of these wells which also lie within the Village
of Spencer corporate limits.
C.
AQUIFER
CONDITIONAL USE
CONE OF DEPRESSION
DESIGN STANDARDS
FIVE-YEAR TIME OF TRAVEL (TOT) AREA
GROUNDWATER RECHARGE AREA
GROUNDWATER PROTECTION DISTRICT
MUNICIPAL WATER SUPPLY
PERMITTED USE
REGULATED SUBSTANCES
(1)
(2)
(3)
(4)
(5)
THIRTY-DAY TIME OF TRAVEL (TOT) AREA
WELL FIELD
Definitions.
A saturated, permeable, geologic formation that contains
and will yield significant quantities of water.
Land use or development that either by design or operation
requires additional technical or regulatory review and permitting
in order to exist within defined areas of a wellhead protection district.
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.
Regulations that apply to the development of structures and
infrastructure within a designated wellhead protection district.
The recharge area, the outer boundary of which it is determined
or estimated that groundwater and potential contaminants will take
five years to reach a pumping well. The five-year TOT for the Spencer
well fields is established based on flow path modeling contained in
the report entitled "Wellhead Protection Plan, Well Nos. 1, 5 and
6, Village of Spencer, Marathon County, Wisconsin." (NOTE: The report
"Wellhead Protection Plan, Wells Nos. 1, 5 and 6, Village of Spencer,
Marathon County, Wisconsin" is available from the Village Administrator-Clerk/Treasurer.)[1]
"Recharge area" means the area in which water reaches the
zone of saturation by surface infiltration and encompasses all areas
or features that supply groundwater recharge to a well.
That area described within the Village's Wellhead Protection
Plan.
The municipal water supply of the Village of Spencer.
Land use or development that by design or operation is allowed
without further technical or regulatory review within defined areas
of a wellhead protection district.
Chemicals and chemical mixtures that are health hazards.
Health hazards for chemicals and chemical mixtures are typically identified
on Material Safety Data Sheets (MSDS) available from the substance
manufacturer or supplier. Substances packaged for consumption for
humans or animals are not considered regulated substances. Regulated
substances include:
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."
Mixtures of chemicals which have been tested as a whole and
have been determined to be a health hazard.
Mixtures of chemicals which include a carcinogen if the concentration
of the carcinogen in the mixture is 0.1 of 1% or greater of the composition
on a weight per unit weight basis.
Ingredients of mixtures prepared within the Groundwater Protection
District in cases where such ingredients are health hazards but comprise
more than 0.1 of 1% of the mixture on a weight per unit weight basis
if carcinogenic, or more than 1% of the mixture on a weight per unit
weight basis if noncarcinogenic.
Petroleum and nonsolid petroleum derivatives (except non-PCB
dielectric fluids used in equipment or for transmission of electric
power to homes and businesses.
The recharge area, the outer boundary of which it is determined
or estimated, that groundwater and potential contaminants will take
30 days to reach a pumping well. The thirty-day TOT for the Spencer
well fields is established based on flow path modeling contained in
the report entitled "Wellhead Protection Plan, Well Nos. 1, 5 and
6, Village of Spencer, Marathon County, Wisconsin." (NOTE: The report
"Wellhead Protection Plan, Well Nos. 1, 5, and 6, Village of Spencer,
Marathon County, Wisconsin" is available from the Village Administrator-Clerk/Treasurer.)[2]
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.[3]
D.
Minimum separation distances.
(1)
Separation distances. The following minimum separation distances
shall be maintained within the Groundwater Protection District:
(a)
Fifty feet between a well and storm sewer main.
(b)
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 and pressure tested in place to meet current American Waterworks
Association (AWWA) 600 specifications. In no case may the separation
distance between a well and sanitary sewer main be less than 50 feet.
(c)
Four hundred feet between a well and a septic tank or soil absorption
unit receiving less than 8,000 gallons per day, a cemetery, or a stormwater
drainage pond.
(d)
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 Agriculture, Trade and Consumer Protection
or its designated agent under § ATCP 93.110, Wis. Adm. Code.
(e)
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 adsorption units receiving 8,000
gallons per day or more.
(f)
Twelve 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; 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.
E.
Groundwater Protection District.
(1)
Intent. The portion of the Spencer recharge area to be protected
is the land within the normalized boundary of the five-year time of
travel (TOT) recharge areas surrounding each of the Spencer wells,
known as "Well Nos. 1, 5, and 6," as shown in Figure 5 of the Village's
Wellhead Protection Plan.[4]
(2)
Permitted uses. The following uses are permitted within the Groundwater Protection District, provided minimum separation distances defined in § 464-32D are met.
(a)
Parks and playgrounds.
(b)
Wildlife areas.
(c)
Recreational trails.
(d)
Sewered residential uses.
(e)
Aboveground petroleum product storage tanks up to 660 gallons.
(f)
Basement heating fuel storage tanks.
(g)
Commercial and/or industrial uses served by municipal sanitary sewer, except those listed as conditional or prohibited uses in § 464-32E(3) and (4).
(3)
Conditional uses. The following uses may be permitted on a case-by-case basis, provided that adequate groundwater protection and monitoring measures, as determined at the sole discretion of the Spencer Plan Commission and Village Board, are instituted. Conditional use approval will take into consideration the proposed land use, the proximity of the proposed use to the individual wells, and well construction of individual wells in the vicinity of the proposed use. Minimum separation distances defined in § 464-32D must be met.
(a)
Nurseries for ornamental plants, greenhouses, and associated
retail sales outlets.
(b)
Pesticide and fertilizer storage and use associated with uses in § 464-32E(2) above.
(c)
Vehicle repair shops, auto body repair shops.
(d)
Cemeteries.
(e)
Salt storage, including sand/salt combinations.
(f)
Recycling facilities.
(g)
Underground storage tanks of any size.
(h)
Unsewered commercial and/or industrial development.
(i)
Animal waste facilities.
(j)
Gas stations and oil change businesses.
(k)
Printing and duplicating businesses which use hazardous chemicals
as defined by the EPA in their printing process.
(l)
Bus or truck terminals.
(m)
Wastewater treatment facilities.
(n)
Spray wastewater facilities.
(o)
Bulk fertilizer and/or pesticide facilities.
(p)
Asphalt products manufacturing.
(q)
Electroplating facilities.
(r)
Paint and coating manufacturing.
(s)
Hazardous and/or toxic materials storage.
(t)
Garage and vehicular towing.
(u)
Public and municipal maintenance garages.
[1]
Where any of the uses listed in § 464-32E(3), Conditional uses, exist within the Groundwater Protection District on the effective date of this section, owners of these facilities will be allowed to maintain existing facilities. Upgrades or expansion of the existing facilities will be allowed on a case-by-case basis by the Plan Commission and Village Board, with facilitation and/or enhancement of groundwater protection being an approval consideration.
(4)
Prohibited uses. The following uses are prohibited uses within the Groundwater Protection District. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses unless specifically listed above under § 464-32E(2), Permitted uses.
(a)
Septage and/or sludge spreading.
(b)
Animal confinement facilities (except veterinary hospitals and
clinics).
(c)
Landfills.
(d)
Auto salvage yards.
(e)
Dry-cleaning facilities.
(f)
Exterminating shops.
(g)
Hazardous and/or toxic waste facilities.
(h)
Radioactive waste facilities.
[1]
Where any of the uses listed in § 464-32E(4), Prohibited uses, exist within the Groundwater Protection District on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board, and appropriate permit issued by the Village, prior to any work being initiated. Expansion of the prohibited use will not be allowed.
