[Adopted 2-11-2019 by Ord. No. 2019-1]
This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (WHPO).
A. 
The users of the Town of Lawrence Utility District's water supply system depend in part on groundwater for a safe drinking water supply. Certain land use practices and activities can threaten or degrade groundwater quality. The purpose of the WHPO is to institute land use regulations and restrictions to protect the Town of Lawrence Utility District's municipal water supply, and to promote the public health, safety and general welfare of the residents of the Town of Lawrence Utility District and the Town of Lawrence.
B. 
These regulations are established pursuant to the authority granted the Town by Ch. 60, Wis. Stats., including but not limited to § 60.61, Wis. Stats., which provide for groundwater protection in municipal planning and zoning.
A. 
The regulations specified in the WHPO shall apply within the corporate limits of the Town of Lawrence.
B. 
No new use or change in use of any structure, or land shall be located, extended, converted or structurally altered and no development shall commence without full compliance with the terms of this article and other applicable regulations.
As used in this article, the following terms shall have the meanings indicated:
AQUIFIER
A water-bearing layer of soil or rock that will yield water in a usable quantity to a well or spring.
CONE OF DEPRESSION
The depression of the water table, around a pumping well caused by the withdrawal of water.
DOWNGRADIENT
Any location, within the local groundwater flow system, that water will flow away from a well or sampling point due to pressure variation below the water table towards its ultimate discharge point.
GROUNDWATER
The water contained in the interconnected pores located below the water table.
GROUNDWATER FLOW SYSTEM (LOCAL)
Has a recharge area at a topographic high area and its discharge area at an adjacent topographic low.
HYDRAULIC CONDUCTIVITY
The capacity of the rock or the permeable medium to transmit water.
HYDRAULIC GRADIENT
The slope of the water table over a given distance.
HYDROLOGIC CYCLE
The complete cycle through which water passes from the atmosphere to the earth and back to the atmosphere.
RECHARGE AREA
The area of land that is directly involved in the addition of water to the saturated zone and encompasses all areas or features that supply groundwater to a well.
SATURATED ZONE
That part of a water-bearing layer of rock or soil in which all spaces, large or small, are filled with water.
SPECIFIC CAPACITY
The yield of the well in gal/min. divided by the drawdown in feet = GPM/ft.
UPGRADIENT
Any location, within the local groundwater flow system, in which water infiltrates or recharges into the land surface and flows toward the well or sampling point.
WATER TABLE
The level below which the soil or rock is saturated with water, sometimes referred to as the upper surface of the saturated zone.
WELLHEAD PROTECTION AREA (WHPA)
The surface or subsurface area surrounding a well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such well or wellfield. A legally designated area having land-use controls designed to prevent or minimize well contamination.
ZONE OF CONTRIBUTION (ZOC)
The physical area contributing water to the well.
ZONE OF INFLUENCE (ZOI)
The area of drawdown around the well.
A. 
Within the WHPA the following uses are prohibited:
(1) 
Disposal of garbage, refuse, trash, demolition material and construction material.
(2) 
Asphalt product manufacturing plants.
(3) 
Motor vehicle laundries, service stations, dealerships, sales, painting or bodywork facilities.
(4) 
Building materials and product sales.
(5) 
Chemical storage, sale, processing or manufacturing plants.
(6) 
Dry cleaning establishments.
(7) 
Electroplating plants.
(8) 
Exterminating shops.
(9) 
Fertilizer manufacturing or storage.
(10) 
Highway salt storage.
(11) 
Industrial liquid or solid waste storage or processing.
(12) 
Scrap metal or inoperable motor vehicle junkyards.
(13) 
Mining and quarrying operations, including sand and gravel extraction.
(14) 
Motor and machinery service and assembly shops.
(15) 
Paint products storage and processing.
(16) 
Pulp and paper manufacturing, including the storage, debarking or processing of wood, pulp, processing materials or agents.
(17) 
Residential dwelling units on lots less than one acre in area; provided, in any residence district, on a lot of record on the effective date of this article, a single-family dwelling may be established regardless of the size of the lot, provided other applicable zoning and use requirements are complied with.
(18) 
Sept age disposal sites.
(19) 
Sludge disposal sites.
(20) 
Storage, manufacturing, use or disposal of toxic or hazardous materials as defined and regulated by the Hazardous Substances Act, § 100.37, Wis. Stats., and regulations thereunder as may be amended from time to time.
(21) 
Underground petroleum products storage tanks for industrial, commercial, residential, or other uses.
B. 
Within the WHPA the following uses may be permitted, provided the minimum separation distances below are provided between the installations and Well No. 1.
Potent Contamination Source
Minimum Separation
Distance (feet)
Storm sewer main
50
Sanitary sewer main
200
Lift station
200
Single-family residential fuel oil tank
200
Septic tank (less than 12,000 gallons per day)
400
Cemetery
400
Stormwater drainage pond
400
Gasoline or fuel oil storage tank installation (DILHR approved)
600
Land application of municipal, commercial or industrial waste
1,000
Industrial, commercial or municipal wastewater lagoons or storage structures
1,000
Manure stacks or storage structures
1,000
Septic tanks (less than 12,000 gallons per day)
1,000
Solid waste storage, transportation, transfer, incineration, air curtain destructor, processing,wood burning, one-time disposal or small demolition facility
1,200
Sanitary landfill
1,200
Coal storage area
1,200
Salt or deicing material storage area
1,200
Gasoline or fuel oil storage tank without DILHR approval
1,200
Bulk fuel storage facilities
1,200
Pesticide or fertilizer handling or storage facilities
1,200
C. 
Within the area, the following uses may be allowed, subject to other zoning regulations and any conditions established under Subsections D and E of this article:
(1) 
Any business, commercial, residential or industrial use not otherwise prohibited.
D. 
Any person proposing to commence use of property located within either area which use was not in existence at the time of enactment of this article, and any person proposing to change the size or character of the existing use, shall make application to the Town for a permit to initiate the proposed use or change of use. The application shall be in a form acceptable to the Town and shall include the following:
(1) 
Identification of the user, including lessee, if any.
(2) 
Address of user.
(3) 
Description of property to be used.
(4) 
Description of use.
(5) 
Drawing of site, indicating location of structures, access roads or driveways, and contemplated site work.
(6) 
Measures proposed to minimize groundwater contamination risk, if any.
E. 
The Board may set such conditions to the issuance of the permit as may be reasonable and necessary to the protection of the groundwater supply for the Lawrence Sanitary District No. I.
Wellhead Protection Area described as follows:
A. 
The following portions of Section 30, Township 23 North, Range 20 East, Town of Lawrence, Brown County, Wisconsin:
(1) 
The southwest quarter and the southeast quarter of the northeast quarter.
(2) 
All of the southeast quarter.
(3) 
The southeast quarter and the northeast quarter of the southwest quarter.
(4) 
The southeast quarter of the northwest quarter.
Any person convicted of a violation of this section shall be subject to a forfeiture of up to $1,000 per violation. Each day of a continuing violation shall be a separate violation. This forfeiture shall be in addition to any federal or state remedy, enforcement or regulatory order.