[HISTORY: Adopted by the Village Board of the Village of Williams Bay as § 9.11 of the 2011 Code. Amendments noted where applicable.]
A. 
The residents of Williams Bay 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 Wellhead Protection Ordinance is to institute land use regulations and restrictions protecting the municipal water supply of the Village of Williams Bay to promote the public health, safety and general welfare of the residents.
B. 
Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in 1983 Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection in § 62.23(7)(c), Wis. Stats., to the statutory authorization for municipal planning and zoning to protect the public health, safety and welfare.
The regulations specified in this Wellhead Protection Ordinance shall apply to the areas of the Village of Williams Bay that lie within the wellhead protection area for Well No. 3 as shown in Attachment A,[1] and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this ordinance and the zoning ordinance in effect, the more restrictive provision shall apply.
[1]
Editor's Note: Attachment A is on file in the Village office.
As used in this chapter, the following terms shall have the meanings indicated:
AQUIFER
A saturated, permeable geologic formation that contains and will yield significant quantities of water.
CONE OF DEPRESSION
The area around a well, in which the water level has been lowered at least one foot by pumping of the well.
FIVE-YEAR TIME OF TRAVEL
The recharge area upgradient of the cone of depression, from the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.
MUNICIPAL WATER SUPPLY
The municipal water supply of the Village of Williams Bay.
RECHARGE AREA
The area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supply groundwater to a well.
THIRTY-DAY TIME OF TRAVEL
The recharge area upgradient of a well, or its cone depression, from the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.
ZONE OF SATURATION
The saturated zone is the area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.
This wellhead protection area (WHPA) is intended to protect the groundwater recharge area for Well No. 3 from contamination. The WHPA is necessary to institute land use regulations and restrictions within the area which contributes water directly to the municipal water supply, so as to promote public health, safety and welfare in the Village and to minimize public costs. The boundary of the WHPA is shown in Attachment A.
Permitted uses within the WHPA are subject to the separation distance requirements set forth in § 386-6, Separation distance requirements, and the prohibition of uses, activities or structures designated in § 386-7, Prohibited uses, and include:
A. 
Public and private parks provided there are no on-site wastewater disposal systems or holding tanks.
B. 
Playgrounds.
C. 
Wildlife areas and natural areas.
D. 
Trails such as biking, hiking, skiing, nature, equestrian, and fitness trails.
E. 
Residential which is municipally sewered.
F. 
Agricultural activities which are conducted in accordance with USDA-NRCS Wisconsin Field Office Technical Guide Specification 590 nutrient management standards.
G. 
Single-family residences on a minimum lot of 20,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day, which meets the county and state health standards for the effluent, and is in conformance with § SPS 302.65, Wisconsin Administrative Code.
H. 
Commercial establishments which are municipally sewered.
I. 
Industrial establishments which are municipally sewered.
The following separation distances as specified in § NR 811.12(5)(d), Wisconsin Administrative Code, shall be maintained:
A. 
Fifty feet between Well No. 3 and stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications.
B. 
Two hundred feet between Well No. 3 and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station or single-family residential fuel oil tank.
C. 
Four hundred feet between Well No. 3 and a septic system receiving less than 8,000 gallons per day, or a stormwater detention, retention, infiltration or drainage basin.
D. 
Six hundred feet between Well No. 3 and any gasoline or fuel oil storage tank installation that has received written approval from the Department of Agriculture, Trade and Consumer Protection or its designated agent under § ATCP 93.110, Wisconsin Administrative Code.
E. 
One thousand feet between Well No. 3 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 absorption units receiving 8,000 gallons per day or more.
F. 
One thousand two hundred feet between Well No. 3 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 Safety and Professional Services or its designated agent under § ATCP 93.110, Wisconsin Administrative Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur. Since such an event would result in almost certain contamination of the public water supply, and costly mitigation or remediation for which liability is difficult or impossible to establish. The prohibited uses, activities or structures inside the WHPA include:
A. 
Above- and below-ground hydrocarbon or petroleum storage tanks.
B. 
Cemeteries.
C. 
Chemical manufacturers (Standard Industrial Classification Major Group 28).
D. 
Coal storage.
E. 
Dry cleaners.
F. 
Hazardous, toxic or radioactive materials transfer and storage.
G. 
Industrial lagoons and pits.
H. 
Landfills and any other solid waste facility, except post-consumer recycling.
I. 
Manure storage.
J. 
Nonmetallic earthen materials extraction or sand and gravel pits.
K. 
Pesticide and fertilizer dealer, transfer or storage.
L. 
Railroad yards and maintenance stations.
M. 
Rendering plants and slaughterhouses.
N. 
Salt or deicing material storage.
O. 
Salvage or junkyards.
P. 
Septage or sludge spreading, storage or treatment.
Q. 
Septage, wastewater, or sewage lagoons.
R. 
Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.
S. 
Stockyards and feedlots.
T. 
Stormwater infiltration basins without pretreatment.
U. 
Vehicular services, including filling and service stations, repair, renovation, and body working.
V. 
Wood preserving.
Existing facilities within the WHPA at the time of enactment which may cause or threaten to cause environmental pollution include, but are not limited to, the Wisconsin Department of Natural Resources' current list of "Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution," Wisconsin Department of Safety and Professional Services's list of Underground Storage Tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in § 386-7, Prohibited uses, all of which are incorporated herein as if fully set forth.
A. 
Such facilities as above which exist within the WHPA at the time of enactment shall:
(1) 
Provide copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to the Village.
(2) 
Provide environmental or safety structures/monitoring to include an operational safety plan, hazardous material containment, best management practices, stormwater runoff management and groundwater monitoring.
(3) 
Replace equipment, or expand on the site or property of record associated with the facility, in a manner that improves the environmental and safety technologies already being utilized.
(4) 
Have the responsibility of devising, filing and maintaining, with the Village, a contingency plan which details how they intend to respond to any emergency which occurs at their facility, including notifying municipal, county and state officials.
B. 
Such facilities as above cannot engage in or employ a use, activity, or structure listed in § 386-7, Prohibited uses, which they did not engage in or employ at the time of enactment, and can only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment in a manner that improves the environmental and safety technologies already being utilized.
A. 
The uses prohibited in the WHPA are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses changes to low or non-risk materials or methods, upon petition from such use, after conferring with the Department of Natural Resources, or other expert opinion, and after appropriate public notice and hearing, the Village, through appropriate procedures and actions to change these provisions of the Municipal Code, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.
B. 
In dealing with uses which attempt to become permissible, under the terms of this section in the WHPA, by continuing to produce pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until a technology of the use changes to low or non-risk the pollutant materials or processes deemed to be a groundwater hazard.
All general and zoning enforcement, violation and penalty provisions set forth in the municipal ordinances apply to the enforcement of the provisions of this Wellhead Protection Ordinance. In addition, the following provisions apply:
A. 
In the event any person, partnership, corporation, or other legal entity (hereinafter "individual") owns a facility, as defined in § 386-8, Requirements for existing facilities which may cause or threaten to cause environmental pollution, and that individual/facility causes, or is the site of, the release of any contaminants which endanger the municipal water supply associated with the WHPA, 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 or outside contractor fees, fees at the invoice amount plus administrative costs for oversight, review and documentation, plus the following:
(1) 
The cost of Village employees time associated in any way with the 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, workers' compensation, holidays, overtime, vacation, and similar benefits.
(2) 
The cost of Village equipment employed in the cleanup.
(3) 
The cost of mileage incurred on Village vehicles used in any activity related to the cleanup, or of mileage fees reimbursed to Village employees attributed to the cleanup.