A. 
The Utility District is the owner and operator of a public water utility approved and authorized by the State of Wisconsin Public Service Commission pursuant to Ch. 196, Wis. Stats., and Ch. PSC 185, Wis. Adm. Code. The regulations adopted in this article are intended to govern and provide a process for potential public water supply users and to enable the Utility District to protect and safeguard potable water provided through the Utility District water mains from wells maintained and operated by the District. The operation, design and construction shall be consistent with and in compliance with Ch. NR 811, Wis. Adm. Code, specifications and requirements for the operation and design of community water systems.
B. 
In accordance with the above-stated purpose, all water main installation within the Utility District must comply with the State of Wisconsin Plumbing Code as specified within the Wisconsin Administrative Code and all the building regulations of the Village of Fox Crossing adopting and enforcing Village of Fox Crossing and State Plumbing Code regulations.
C. 
The Utility District has replaced the Sanitary District established by § 60.70, Wis. Stats., and has assumed the powers, duties, contracts, assets and liabilities of the Sanitary District. The regulations contained herein are made in accordance with and as empowered by § 66.0827, Wis. Stats., governing utility districts.
A. 
Permit required.
(1) 
No person shall make any connection of any private water service to the water facilities of the Utility District without first obtaining a permit for said connection. No person shall uncover or expose any water service lateral or water main or other appurtenances thereto, whether on private or public property, without first obtaining an inspection permit from the District.
(2) 
The owner of residential, industrial or commercial real estate which is located within the Utility District service area wishing to obtain water service by connection to a Utility District water main shall indicate such intention to the District, in writing, by completing and filing with the District forms and questionnaires for that purpose as prepared by the District. The applicant shall provide fully all information required by the form that shall be signed by the owner of the property that is intended to be served by the proposed connection. The District and/or designated representative shall review each application and either grant or refuse permission to connect as the best interest of the Utility District may dictate. An application for a permit shall be deemed granted only when a written connection permit is issued by the District signed by an authorized representative of the District. No connection to a District water main shall be made except pursuant to the terms and conditions of the permit and the District's ordinances.
B. 
Installation requirements. Upon the issuance of a permit, the applicant shall be allowed the hookup or installation of a connection to water service as designated on the permit. The application shall contain information and notify the District of the intended time and place of the installation of the laterals or water connection. The permit holder shall give advance notice to the District at the time of installation and no water lateral installation shall be completed and covered without being inspected. At the time the connection is completed, the District's designated inspector shall inspect the connection and the lateral up to the building being connected. The Utility District will establish hookup and inspection fees related to these installation requirements. The inspection and hookup fees shall be paid at the time of the application for the connection to the District's facilities. A fee schedule shall be kept on file with the Clerk of the District and may be revised from time to time by the Village Board as necessary to cover costs and expenses.
C. 
Plumbing license required. Any connection to the District water main shall be made only by a licensed plumber, in full compliance with the connection permit and all applicable laws and regulations, and shall be subject to the District's inspection as provided herein.
D. 
Final inspection. The permit shall contain a final approval signature line that will be required to be signed before covering the water lateral installation. In the event that no inspection is made and the final approval is not obtained, the District shall have the right to disconnect any lateral not so inspected.
E. 
Denial of applications. If an application is denied, the Village Board shall specify, in writing, the reasons for the denial. After properly taking any corrective action which the reasons stated in the Village Board's denial may suggest, an applicant may renew his application. The Village Board may grant permission to connect subject to conditions that the applicant shall fulfill before the connection is made to which the applicant and the real property served by the proposed connection shall remain subject should the condition be continuing. All conditions shall be specified in the connection permit.
F. 
Wellhead protection. Any applications for permission to connect real estate which is located within 1,200 feet of a Utility District wellhead and/or upon which property any hazardous substances are presently stored or contained, or for which plans for storage or containment exist at the time of the application for permission to connect, shall disclose fully the precise nature, extent and manner of storage of the hazardous materials which are, or will be, stored or contained upon the property. Regarding such an application, the Village Board may grant permission to connect to a water main subject to a provision that should the District install a new well in the future, the property owner then shall remove any hazardous materials with containers upon his property whatever distance from the new wellhead is then required under the applicable state and federal laws and regulations necessary to protect the installation of the new wellhead.
A. 
The Utility District adopts and incorporates by reference to these ordinances the Standard Specifications for Sanitary Sewer and Water Main Construction prepared by the Utility District engineers as of October 1999 and approved by the Wisconsin Department of Natural Resources (DNR) Approval No. 98-0466.
B. 
The Utility District shall from time to time make modifications and revisions to the Standard Specifications and any revision or modification approved by the Village Board and the Wisconsin Department of Natural Resources is hereby incorporated and made part of this article upon final Wisconsin Department of Natural Resources approval.
C. 
The Utility District shall keep on file at its offices with the Clerk of the Utility District a current and complete copy of the Standard Specifications. The Standard Specifications shall be followed for any public or private water main, water lateral or connection meter or other attachment or appurtenance thereto.
D. 
In addition to the requirements of the Standard Specifications, the Utility District has adopted Water Meter Installation and Specification requirements that have been adopted and filed with the Clerk of the Utility District. The regulations contained therein are hereby incorporated by reference into this article as if set forth in full herein. The Utility District shall, from time to time, make revisions and modifications to the water meter specifications that upon adoption by the Village Board are deemed as having been incorporated into this article as revisions thereto.
Water meter installation and specification requirements adopted are on file with the District.
It is hereby required that all water mains installed in the Village of Fox Crossing shall be air tested in accordance with "Specifications Governing Air Testing of Sewer and Water Mains on Lines" on file in the Utility District offices. It shall be required by any person, party, corporation, firm or individual installing any water main in the Village of Fox Crossing to comply with the aforementioned specification.
A. 
Before the commencement of any excavation work by any private or public utility or municipality for the repair and maintenance of any water main or water service laterals located in the street or public right-of-way, which lie within the boundaries of the District, said entity shall be required to notify the District 24 hours prior to the actual excavation which excavation causes the exposure of any water main or water service lateral.
B. 
No water main or service lateral or other appurtenance, whether upon public property or right-of-way or private property, will be exposed, uncovered or tampered with unless an inspection permit has first been obtained from the District and an authorized representative of the Utility District of the Village of Fox Crossing is present at the time such water service lateral or water main or other appurtenance is exposed and uncovered.
A. 
Private water facilities serving more than one residence or one multiple-family dwelling unit shall not be connected to or become a part of the District water system unless, prior to the construction of said system, water approval is obtained from the District.
B. 
The Village Board may refuse the connection of private facilities serving more than one residence or more than one multiple-dwelling unit.
C. 
The Village Board shall require that all private systems connected to the services of the District be inspected during installation by an inspector designated by the Village Board. The cost of said inspection shall be the obligation of the owner of the private system. All inspection fees shall be paid prior to connection to the District water facilities.
D. 
Upon acceptance of any private water facilities as defined above, the owner shall dedicate the facilities to the District, and in the case where the facilities are not located beneath a public roadway, the roadway shall be designated to the Village or an easement sufficient for the maintenance of the facilities shall be given to the District.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BACK SIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of the Utility District's potable water supply from any source caused by the sudden reduction of pressure in the Utility District potable water supply system.
BACKFLOW
The undesirable flow of water or mixtures of water and other liquids, gases or other substances under positive or reduced pressure into the Village of Fox Crossing water utility distribution pipes of the potable supply of water from any source(s).
BACKFLOW PREVENTER
A device or means designed to prevent backflow caused by back pressure or back siphonage. Most commonly categorized as air gap, reduced pressure principle backflow preventer, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose connection vacuum breaker, hose connection backflow preventer, backflow preventer with intermediate atmospheric vent, and barometric loop.
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Utility District and the other containing water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there may be a flow depending on the pressure differential between the two systems.
B. 
Cross-connections prohibited. No person shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the public water supply of the Utility District may enter the supply or distribution system of the Utility District, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Utility District and by the State of Wisconsin Department of Natural Resources, and Ch. SPS 382, Wis. Adm. Code.
C. 
Inspections. It shall be the duty of the Utility District to cause inspections to be made of all properties serviced by the Utility District where cross-connection with the public water system is deemed possible. Residential properties and commercial properties like residential serviced by the Utility District shall be inspected on a ten-year interval, per Chs. SPS 382 and NR 811, Wis. Adm. Code. All other commercial, industrial and public authority properties serviced by the Utility District shall be inspected on a two-year interval. The Utility District will perform the cross-connection inspection of the owner's property that is required to be tested every 10 years under Chs. SPS 382 and NR 811, Wis. Adm. Code. If, in the opinion of the Utility District, the Utility District is not able to perform the inspection, the property owner must, at his own expense, have the plumbing inspected for cross-connections by a State of Wisconsin-certified cross-connection inspector/surveyor or by a State of Wisconsin-licensed plumber. All commercial, industrial and public authority properties that are required to test every two years shall have a state-certified plumber inspect the property at their own expense using Fox Crossing's nonresidential inspection form. A completed inspection form shall be sent to Fox Crossing Utilities every two years. The frequency of required inspections and reinspections, based on potential health hazards involved, may be shortened by the Utility District. The Utility District shall charge fees as approved by the State of Wisconsin Public Service Commission for on-premises follow-up visits by Utility District personnel for reinspection due to customer noncompliance and for after-hours inspections or reinspections.
D. 
Right of entry. Upon presentation of credentials, representatives of the Utility District shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the Utility District for cross-connections. If entry is refused, such representatives shall obtain a special inspection warrant under § 66.0119, Wis. Stats. Upon request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system on such property.
E. 
Authority to discontinue service. The Utility District is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued if the means of backflow prevention required by the Utility District is not installed, tested, maintained and repaired in compliance with this section and Ch. NR 811, Wis. Adm. Code, or if it is found that the means of backflow prevention required by this section has been removed or bypassed. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection G of this section.
F. 
Reconnection of service. Water service to any property discontinued under the provisions of this section shall not be restored until the cross-connection has been eliminated or a backflow prevention device approved by the Utility District has been installed in compliance with the provisions of this section. The Utility District shall charge fees as approved by the State of Wisconsin Public Service Commission for the reconnection of the water service.
G. 
Emergency discontinuance of service. If it is determined by the Utility District that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, service may be immediately discontinued. The owner, lessee or occupant shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance. Such hearing shall be before the Village Board and shall conform to all existing due process requirements.
H. 
Owner responsibility. The property owner shall be responsible for the elimination of or protection from all cross-connections on his premises. The owner shall, at his expense, have installed, maintained, and tested any and all backflow preventers on his premises in compliance with Chs. NR 811 and SPS 382, Wis. Adm. Code. The property owner shall have corrected any malfunction, revealed by periodic testing, of any backflow preventer(s) on his premises. The property owner shall inform the Utility District of any proposed or modified cross-connections, and also any existing cross-connections, which are not protected by an approved backflow prevention device. The property owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Property owners who cannot shut down operation for testing of the backflow prevention device(s) must supply additional devices necessary to allow testing to take place. In the event the property owner installs plumbing upstream of the backflow preventer, such plumbing must have its own approved backflow preventer.
I. 
Additional protection. In the case of premises having internal cross-connections that cannot be permanently corrected or controlled or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow preventer in the service line. In the case of any premises where there is any material dangerous to health that is handled in such a manner that, in the opinion of the Utility District, could create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow preventer. Examples of premises where these conditions will exist include sewage treatment plants, hospitals, mortuaries, plating plants and car wash establishments. In the case of any premises where, in the opinion of the Utility District, an undue health threat is posed because of the presence of toxic substances, the Utility District may require an approved air gap at the service connection to protect the public water system. This requirement will be at the discretion of the Utility District.
J. 
Chapter SPS 382, Wis. Adm. Code, is hereby adopted, except any penalty provisions therein. Chapter NR 811, Wis. Adm. Code, is hereby adopted.
K. 
Plumbing codes. This section does not supersede the State of Wisconsin Plumbing Code, Chs. SPS 381 to 387, Wis. Adm. Code, but is supplementary to it.
L. 
Recommended practice. The property owner will be required to follow the recommended protection practices described in the American Water Works Association publication No. AWWA M14 titled "Recommended Practice for Backflow Prevention and Cross-Connection Control" unless the Utility District requires or authorizes other means of protecting the public water system. These requirements or authorizations will be at the discretion of the Utility District.
A. 
It shall be unlawful for any person to do any of the following without prior approval of the Village Board or the Utility Superintendent and in addition thereto having obtained all required permits pursuant to this article:
(1) 
To allow any contractor, mason, plumber, or any unauthorized person to take water from such water user's premises, to operate any valve or other connection or shutoff device connected with the street or supply mains, or to open or take water from any hydrant connected with the distribution system. Water may be taken from a hydrant only to extinguish a fire.
(2) 
To disconnect, tamper with, bypass or change or modify any meter placed on any line connected to the distribution system. Meters shall be protected by the consumer from damage, but shall not be enclosed in such a manner as to prevent reasonable access or observation for reading, inspection and servicing.
(3) 
To damage, change, alter, modify, bypass or tamper with any stop box upon his premises or to obstruct the use and access of said stop box by covering with dirt or placing other obstructions.
(4) 
To tap into, use, alter, change, modify or tamper with any water line directly connected to the distribution system whether located on private or public land so as to interfere with or cause any change in any water service to any business or residence or to cause the water not to pass through a meter or meters on said property.
(5) 
To turn water service on or off to any building, business or residence whether metered or unmetered. This subsection shall not prevent licensed plumbers from testing their work, but following testing the water service must be left off until all required inspections have been completed or the plumber shall be subject to the penalties herein.
(6) 
To fail to notify the District of a defective or nonworking meter when the defect or failure is known to the person owning the premises or using the water.
(7) 
To fail to notify the District of leaks or damage upon the premises causing a loss of water to the system whether said leak or damage is the result of negligence or carelessness or whether said leak or damage was created intentionally.
B. 
During reasonable hours, any officer or authorized employee of the District shall have the right of access to the premises supplied with water service for the purpose of inspection or for any enforcement of the District's rules and regulations.
C. 
Upon finding by reasonable evidence that any consumer is obtaining or allowing others to obtain from him any supply of water in whole or part by means of devices or methods used to stop or interfere with the proper metering of the water service (surreptitious use of water § PSC 185.37, Wis. Adm. Code), the District may, upon 24 hours' notice, disconnect the said service, unless repaired, and further has the right to estimate and present for payment immediately the bill for unmetered water service. Disconnection may be had upon failure to pay said bill within 24 hours of presentation to the consumer. When disconnected under this subsection, the District shall reconnect on the following conditions:
(1) 
The consumer will be required to deposit with the utility an amount sufficient to guarantee the payment of the consumer's bills for utility service to the utility.
(2) 
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 and for actual costs of the District employees needed to implement and enforce the remediation.
(3) 
The consumer must further agree to comply with reasonable requirements to protect the utility against further losses.
A. 
Purpose. Section NR 810.16, Wis. Adm. Code, directs suppliers of water for municipal water systems to require the abandonment of all unused, unsafe or noncompliant wells located on premises served by a public water system by local ordinance or Utility District rule to prevent such wells as acting as channels for contamination or vertical movement of water and to eliminate all existing cross-connections and prevent all further cross-connections. This section is enacted for the purpose of preventing contamination of groundwater and to protect public health safety and welfare by assuring that the unused, unsafe or noncompliant well or wells that may serve as conduits for contamination are eliminated. This section applies to all wells located upon premises served by the Utility District municipal water system.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
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.
NONCOMPLYING
A well or pump installation which does not comply with the provisions of Chapter NR 812, Wisconsin Administrative Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.
PUMP INSTALLATION
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.
UNSAFE
A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in exceedance of the standards of Chapter NR 809 or NR 140, Wisconsin Administrative Code, or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED
A well or pump installation which is not in use or does not have a functional pumping system.
WELL
An excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for consumption or other use.
WELL ABANDONMENT
The filling and sealing of a well according to the provisions of Chapters NR 811 and 812, Wisconsin Administrative Code.
C. 
Abandonment required. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Chapters NR 811 and 812, Wisconsin Administrative Code, no later than one year from the date of connection to the municipal water system, unless the owner of the premises shall obtain a well operation permit from the Village of Fox Crossing, Utility District.
D. 
Well operation permit.
(1) 
The Utility District may grant to a private well owner the right to operate a well for a period not to exceed five years, and five-year renewals thereafter, providing the conditions of this section are met. The Utility District, or its agents, shall conduct inspections and have water quality tests conducted at the applicant's expense to obtain information necessary for consideration of a well operation permit application or renewal thereof. Permit applications and renewals shall be made on forms provided by the Utility District.
(2) 
The following conditions must be met for issuance or renewal of a well operation permit:
(a) 
The well and pump installation must meet or be upgraded to meet the requirements of Chapter NR 812, Wisconsin Administrative Code.
(b) 
The well and pump installation have a history of producing bacteriologically safe water as evidenced by at least one safe sample. The well is also required to be tested for arsenic and must be under the maximum contaminant level of 10 parts per million. Samples shall be tested by a laboratory certified by the State of Wisconsin for examination of drinking water.
(c) 
It shall be presumed that a well and pump installation with no cross-connections to any serviced building(s) shall be justified for such uses as filling swimming pools, lawn care and maintenance, and for washing motorized equipment. It shall be unlawful to divert any amount of this water to the Utility District sewer system. The Utility District shall have the right to obtain laboratory results directly from the testing laboratory when necessary to obtain the results of tests to allow for permit issuance. Costs paid by the Utility District shall be billed to the permittee and upon failure of payment shall be placed upon the next annual property tax bill as a special assessment or special charge.
E. 
Abandonment procedures.
(1) 
All wells abandoned under the jurisdiction of this section or rule shall be abandoned according to the procedures and methods of Chapter NR 812, Wisconsin Administrative Code. All debris, pump 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 Utility District at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well may be observed by an agent/representative of the Utility District.
(3) 
The person or persons abandoning the well shall be either a licensed well driller, or pump installer, licensed by the State of Wisconsin.
(4) 
An abandonment report form, supplied by the State of Wisconsin, Department of Natural Resources, titled "Well Abandonment/Borehole Abandonment," form number 3300-5B, Revision 889, or future revisions thereof shall be submitted by the well owner to the Utility District and the State of Wisconsin, Department of Natural Resources, within 10 working days of the completion of the well abandonment.
(5) 
It is not the intent of this section to require automatically the abandonment of used, safe and complying wells located within the Utility District. Only unused or noncomplying private wells located upon premises served by the Utility District shall be required to be abandoned.
(6) 
Commencing with the year 1992, the Utility District shall require of the owner of premises upon which a private well is located, and which premises are served by a municipal water supply, that said owner of the premises provide to the Utility District a safe water test report at intervals as required by this section.
(7) 
Failure to comply with any of the provisions of this section shall, in addition to the penalties at § 325-40 of this chapter, entitle the Utility District to obtain an order directing the abandonment of the well in accordance with the laws of the State of Wisconsin and the ordinances of the Utility District, and upon failure to comply with said court order, the Utility District shall cause the well abandonment to be performed and all costs of said abandonment shall be assessed as a special charge or assessment upon the tax roll for said property.
A. 
Sprinkling regulations. No person, owner, or occupant of any lot or premises, served by the Utility District Water Works, shall suffer, permit, or allow the sprinkling of a lawn, garden, or premises with water from the Water Works servicing such lot or premises except as follows:
(1) 
The regulation of sprinkling as designated in this section shall be effective only upon the proclamation of the Utility District and the publication of said restrictions in a newspaper of general circulation within the Village.
(2) 
When the Village Board declares the sprinkling regulations to be in effect, the regulations shall control the use of water for purposes specified above at the following times, hours and places:
(a) 
Persons having even-numbered houses and building numbers shall be allowed to use water as provided herein on even-numbered days, except between the hours of 8:00 a.m. and 5:00 p.m. on said days.
(b) 
Persons having odd-numbered houses and building numbers shall be allowed to use water as provided herein on odd-numbered days, except between the hours of 8:00 a.m. and 5:00 p.m. on said days.
B. 
Extreme emergency. Persons who can demonstrate extreme emergency or substantial hardship in the use of water pursuant to the provisions herein may apply to the Village Board for a special permit to use water at times other than specified in this article. The Village Board shall have the authority to vary the regulations contained herein where extreme emergency or substantial hardship is determined to result from the imposition of the rules.
The Utility District provides a potable water supply and a system of wastewater removal to its residents and customers for whom the Utility District levies user charges and receives payments from its residents and customers. If a customer of the Utility District fails to make payment in full upon a combined sewer and water bill, said failure to make payment in full shall provide for both the water bill and the sewer bill to be considered delinquent. No portion of a payment can be considered specifically designated for either sewer service or water service except by an equal proportion.
A. 
Necessary charges for the continued operation of the public water supply system shall be established by the Utility District with the recommendation of the District's engineers. The Utility District shall obtain the approval of the Public Service Commission before implementation of any such charge or fee and before the change or modification of a fee or charge shall also obtain the approval of the Public Service Commission.
B. 
The implementation of any fee or charge that is considered to be an impact fee which is not in existence as of the date of the adoption of these regulations shall require the Utility District to follow the procedures as set forth by Wisconsin Statutes before imposition of said fee.
C. 
The Village Board has adopted and has in place charges and fees for payment of capital cost, depreciation and replacement as approved by the Public Service Commission, and said charges and fees are hereby adopted and continued as previously ordained. Any changes or modifications thereof shall require compliance with this article and the regulations of the State of Wisconsin and Public Service Commission.
D. 
The Clerk of the Utility District shall keep a record on file, open to public inspection, that shall accurately reflect the charges or fees, the date of the adoption by the Village Board, the uniform method or manner by which the fee shall be calculated and the direction of the Village Board on establishing when charges or fees are required to be paid.
A. 
Purpose. It is the purpose of this section to ensure a safe and sanitary drinking water supply for the Village of Fox Crossing by the establishment of a wellhead protection zone surrounding the wellheads for Well No. 5, Well No. 7, Well No. 3, Well No. 4, Well No. 6 and Well No. 8 by designation and regulation of property uses and conditions that may be maintained within such zones.
B. 
Applicability. This section applies to:
(1) 
East Side System Wells: Well No. 5 and Well No. 7.
(2) 
West Side System Wells: Well No. 3, Well No. 4, Well No. 6 and Well No. 8.
C. 
The regulations specified in this section shall apply within the boundaries of the Village of Fox Crossing.
D. 
Protection area description. There is hereby established a restricted area to be known as a "wellhead protection area," identified and described as all the area within 1,200 feet of the Village of Fox Crossing Well No. 5, Well No. 7, Well No. 3, Well No. 4, Well No. 6 and Well No. 8.
E. 
Prohibited uses or conditions. Well No. 5, Well No. 7, Well No. 3, Well No. 4, Well No. 6 and Well No. 8 shall be adequately separated from potential sources of contamination. Unless a hydrogeologic investigation indicates lesser separation distances would provide adequate protection of a well from contamination, the minimum separation distances provided shall be:
(1) 
Fifty feet between a well and storm sewer main.
(2) 
Two hundred feet between a well and any sanitary sewer main, sanitary sewer manhole, 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) C600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.
(3) 
Four hundred feet between a well and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
(4) 
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 Ch. ATCP 93, Wis. Adm. Code.
(5) 
One thousand feet between a well and land application of municipal, commercial or industrial waste; boundaries of a landspreading 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 adsorption units receiving 8,000 gallons per day or more.
(6) 
One thousand two hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood-burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards that is shown on the Department of Natural Resources' geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Agriculture, Trade and Consumer Protection or its designated agent under Ch. ATCP 93, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
F. 
Existing facilities.
(1) 
The standards in this section, not inconsistent with the provisions of § 62.23(7)(h), Wis. Stats., shall apply to all existing lawful uses of a structure or building or its accessory use which is not in conformity with the provision of this section.
(2) 
Use of existing facilities may be continued subject to the following conditions:
(a) 
No modifications or additions to an existing facility shall be permitted unless made in conformity with provisions of this section. For the purposes of this section, the words "modification" and "addition" shall include, but are not limited to, any alteration, addition, modification, rebuilding or replacement of any such structure or use. Ordinary maintenance is not considered a modification or addition, and includes internal or external painting, decorating, paneling and the replacement of windows, doors, and other nonstructural components.
(b) 
If use of an existing facility is discontinued for 12 consecutive months, any future use of the property shall conform with the appropriate provisions of this section.
(c) 
Owners and/or operators of existing facilities shall provide copies to the Village Manager of all federal, state and local reports of ongoing environmental monitoring or testing.
(d) 
Owners and/or operators of existing facilities shall provide to the Village Manager environmental procedures or monitoring as deemed necessary by the Village of Fox Crossing, which may include but is not limited to stormwater runoff management and monitoring.
(e) 
Ordinary maintenance shall be done by existing facilities in a manner that improves the existing environmental conditions already in existence.
(f) 
Existing facilities shall have the responsibility of filing with the Village of Fox Crossing a contingency plan satisfactory to the Village of Fox Crossing and providing immediate notification to the Village of Fox Crossing of any emergency or event that has the potential to cause groundwater contamination.
(g) 
In the event an existing facility causes the release of any contaminants which endanger the Village's groundwater, the activity causing said release shall immediately cease with cleanup satisfactory to the Village of Fox Crossing, including the payment of all cost of cleanup, Village of Fox Crossing consultant fees, and administrative cost for oversight, review and documentation.
G. 
Administration. The provisions of this section shall be administered and enforced collectively by the Village's Utility Superintendent and the Director of Community Development. All applications for building permits for properties within a radius of 1,200 feet of a municipal well site shall be examined with regard to the setback distances established in this section.
H. 
Severability. If any provision of the Well Head Protection Ordinance is invalid or unconstitutional, or if the application of this section to any person or circumstances is invalid or unconstitutional, such invalidity shall not affect the above provisions or applications of this section which can be given effect without the invalid or unconstitutional provision of its application.
I. 
Penalties. Anyone who violates the provisions of the Well Head Protection Ordinance shall be subject to forfeiture as referenced in Chapter A450, Fines and Penalties, for this chapter. Each day of violation shall be considered a separate offense. In addition, the Village shall be entitled to injunctive relief, together with costs and reasonable attorneys' fees for enforcement to the extent not prohibited by law.