This article shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (hereinafter referred to as "this article").
A.
Residents in the Village of Webster (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 this article is to institute land
use regulations and restrictions to protect the Village's municipal
water supply and to promote the public health, safety and general
welfare of the residents of the Village.
B.
These regulations are established pursuant to the authority granted
by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective
May 11, 1984),[1] which specifically added groundwater protection to the
statutory authorization for municipal planning and zoning in order
to protect the public health, safety and welfare.
[1]
Editor's Note: See Ch. 160, Wis. Stats.
C.
The regulations specified in this article shall apply within the
Village boundary limits.
As used in this article, the following terms shall have the
meanings indicated:
Rock or sediment in a formation, group of formations, or
part of a formation which is saturated and sufficiently permeable
to transmit economic quantities of water to wells and springs.
Existing facilities which may cause or threaten to cause
environmental pollution within the corporate limits of the Village's
well fields' recharge areas, which include, but are not limited to,
the Wisconsin Department of Natural Resources draft list titled "Inventory
of Sites or Facilities Which May Cause or Threaten to Cause Environmental
Pollution," the Wisconsin Department of Commerce list of underground
storage tanks, and the Department of Commerce lists of facilities
with hazardous solid waste permits, all of which are incorporated
herein as if fully set forth.
The area in the Village which contains combined recharge
area, which shall be more specifically defined as that area contained
in the map attached hereto as Exhibit A and incorporated herein as
if fully set forth.[1]
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.
The determined or estimated time required for a contaminant
to move in the saturated zone from a specific point to a well.
[1]
Editor's Note: Exhibit A is on file in the Village offices.
A.
The Groundwater Protection Overlay District is hereby divided into
Zones A and B.
B.
Separation distances. The following minimum separation distances
shall be maintained within the Groundwater Protection Overlay District:
(1)
Between a well and storm sewer main: 50 feet.
(2)
Between a well and any sanitary sewer main, lift station or single-family
residential fuel oil tank: 200 feet. 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 600 specifications. In no case may the
separation distance between a well and a sanitary sewer main be less
than 50 feet.
(3)
Between a well and a septic tank receiving less than 8,000 gallons
per day, a cemetery or a stormwater drainage pond: 400 feet.
(4)
Between a well and any gasoline or fuel oil storage tank installation
that has received written approval from the Department of Commerce
or its designated agent under § Comm 10.110, Wis. Adm. Code:
600 feet.
(5)
Between a well and land application of municipal, commercial or industrial
waste; the boundaries of a land-spreading facility for spreading of
petroleum-contaminated soil regulated under Ch. NR 718, Wis. Adm.
Code, 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: 1,000 feet.
(6)
Between a well and any solid waste storage, transportation, transfer,
incineration, air curtain destructor, processing, woodburning, 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 Commerce or its designated agent under § Comm 10.110,
Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer
handling or storage facilities: 1,200 feet.
C.
The two zones are as follows:
(1)
Zone A: identified as the primary source of water for the municipal
well aquifer and as the area most likely to transmit groundwater contamination
to the well field. Zone A is more restrictive than Zone B. The following
uses are permitted uses within the Groundwater Protection Zone A.
Uses not listed are to be considered prohibited uses.
(a)
Parks, provided that there are 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 property which is municipally
sewered.
(2)
Zone B: identified as a secondary source of water for the municipal
well because of the large cone of depression and a greater time of
travel. Zone B is less restrictive than Zone A. The following uses
are permitted uses within the Groundwater Protection Zone B. Uses
not listed are to be considered prohibited uses.
(a)
All uses listed as permitted uses in Zone A.
(b)
Modified agricultural activities, including any crop fee of
pesticides and/or synthetic fertilizers.
(c)
Aboveground petroleum product storage tanks less than 660 gallons.
All new or replaced tanks shall be installed in compliance with Ch.
Comm 10, Wis. Adm. Code.
(d)
Residential, commercial and industrial property which is municipally
sewered or has a state-approved sewer and septic system.
A.
Facilities shall:
(1)
Provide copies of all federal, state and local facility operation
approvals or certificates and ongoing environmental monitoring results
to the Village.
(2)
Provide additional environmental or safety monitoring as deemed necessary
by the Village, specifically including the production of any and all
environmental statements detailing the extent of chemical use and
storage on the property.
(3)
Replace equipment or expand in a manner that improves the existing
environmental and safety technologies already in existence.
(4)
Have the responsibility of devising and filing with the Village a
contingency plan satisfactory to the Village for the immediate notification
of Village officials in the event of an emergency.
B.
Property owners with an existing agricultural use shall be exempt
from requirements of this article as they relate to restrictions on
agriculture uses; provided, however, that such exemption shall only
apply to the property owners in existence at the time of passage of
this article and this exemption shall not constitute a covenant running
with the land.
A.
Individuals and/or facilities may request the Village, in writing,
to permit additional land uses in the Groundwater Protection Overlay
District.
B.
All requests shall be in writing, whether on or in substantial compliance
with forms to be provided by the Village, and may require an environmental
assessment report prepared by a licensed environmental engineer. Said
report shall be forwarded to the Village and/or designee(s) for recommendation
and final decision by the Village Board.
C.
The individual/facility shall reimburse the Village for all consultant
fees associated with this review, at the invoiced amount plus administrative
costs.
D.
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.
A.
In the event that the individual and/or facility causes the release
of any contaminants which endanger the Groundwater Protection Overlay
District, the activity causing said release shall immediately cease
and a cleanup satisfactory to the Village shall occur.
B.
The individual/facility shall be responsible for all costs of cleanup,
Village consultant fees at the invoice amount plus administrative
costs for oversight, review and documentation, including the following:
(1)
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.
(2)
The cost of the Village equipment employed.
(3)
The cost of mileage reimbursed to the Village employees attributed
to the cleanup.
