[Amended 3-3-2008 by Ord.
No. 2008-02; 9-15-2008 by Ord. No. 2008-25 5-18-2009 by Ord. No. 2009-12 6-15-2009 by Ord. No. 2009-16 3-29-2010 by Ord. No. 2010-10 3-21-2011 by Ord. No. 2011-02 4-16-2012 by Ord. No. 2012-02]
(1)
The Village has determined that it is in the best interest of the
community to provide municipal water to existing developed areas and
newly developing areas of the Village to promote the health, safety,
and convenience of its people and to safeguard the water resources
common to all. When considering the installation of municipal water
into existing developed areas, the Village Board shall order the installation
and assessment against adjacent property owners only if one or more
of the following criteria apply:
(2)
The Board has determined that it is the obligation of the water users
to defray the cost of providing potable water in an equitable manner,
and insofar as it is practical, in proportion to the cost of providing
such services to respective users.
(1)
Establish rules regulating connections to the Village water system.
(2)
Identify the procedures used by the Village in billing.
(3)
Properly identify, monitor, and bill all users in compliance with
applicable state and federal law guidelines.
(4)
Provide penalties for the violations of these rules including violations
of any orders, permits, or notices issued pursuant to them.
The undesirable flow of water or mixtures of water and other
liquids, gases, or other substances under positive or reduced pressure
into the utility distribution pipes of the potable supply of water
from any source.
A device or means designed to prevent backflow caused by
backpressure 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.
An elevation of pressure in the downstream piping system
(i.e., pump, elevation of piping, or steam and/or air pressure) above
the utility supply pressure, which would cause or tend to cause a
reversal of the normal direction of flow.
Clerk of the Village.
Any connection between two otherwise separate systems, one
of which contains potable water from a public water system and the
other water from a private source.
The Director of Public Works or his or her designee.
That portion of a water line serving a property which is
located between the curb stop and the building served.
All costs associated with the operation and maintenance of
the water system, including administration and replacement costs.
Any person, natural or artificial, including any individual,
firm, company, municipality, private corporation, association, society,
institution, enterprise, governmental agency, or other entity connected
to the municipal water system.
A privately-owned water main serving two or more buildings
and not directly controlled by the Village Utility.
Public Service Commission of Wisconsin.
A series of wells, storage tanks, piping, and all related
appurtenances for supplying potable water, provided by or subject
to the jurisdiction of the Village Utility.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
water system to maintain the capacity and performance for which such
systems were designed and constructed.
Residential Equivalent Unit. As defined in the 2004 Utility
Rate Study, an REU is a residential living space required to house
one family regardless of size.
The Suamico Water and Sewer Utility.
The Village of Suamico.
A charge levied on users of the public water system for the
user's proportional share of the cost of operation, maintenance,
debt service, and replacement of said system.
(1)
User Rules and Regulations. The rules, regulations, and water rates
hereinafter set forth in this chapter shall be considered a contract
with every person, who is connected to the water system and every
such person by connection to the Public Water System shall be considered
as expressing his or their agreement to be bound thereby. Whenever
any of said rules and regulations, or such others as the Village may
hereafter adopt are violated, the service shall be shut off from the
building or place of such violation (even though two or more parties
are receiving service through the same connection) and shall not be
re-established except by order of the Director on payment of all arrears,
the expenses and established charges of shutting off and turning on,
and such other terms as the Director may determine, and a satisfactory
understanding with the party that no further cause for complaint shall
arise. The right is reserved by the Village to change the said rules,
regulations, and the water rates from time to time as they may deem
advisable; and to make special rates and contracts in all proper cases,
all subject to the authority of the Wisconsin Public Service Commission.
(2)
PSC Rate File. In addition to the rules and regulations contained
herein, the Utility adopts and fully incorporates the most recent
version of the PSC rate file, which is kept on file in the office
of the Clerk.
(3)
Utility Responsibility. It is expressly stipulated that no claim
shall be made against the Village or its officers or duly authorized
representatives by reason of breaking, clogging, stoppage, or freezing
of any service pipe; nor from any damage arising from repairing mains,
making connections or extensions or any other work that may be deemed
necessary.
(4)
Control of Water Service. Except for duly authorized Village personnel,
and the persons, firms and corporations working under the direct supervision
of the Village, no person shall, and no person shall allow or permit
any employee, representative or other person under his or her supervision,
control or direction to:
(a)
Turn water on or off at any water service curb stop, unless previously
authorized to do so by the Director.
(b)
Use water for construction purposes without first obtaining written
approval from the Director and obtaining a meter from the Village
to monitor usage.
(c)
Break, tamper with, or remove any meter seal.
(d)
Remove, relocate, disconnect, or alter any water meter or remote
meter register head.
(e)
Open, use water from, or tamper with any fire hydrant or valve, or
use any fire hydrant for a purpose other than fire containment except
that authorized Village employees may use such hydrants for the cleaning
and flushing of streets or sewers, except as authorized by the Director.
(5)
Tapping of Water Mains. No persons, except those having a permit
from the Director, will be permitted, under any circumstances to tap
the water mains or distribution pipes. The kind and size of the connection
with the pipe shall be that specified in the permit or order from
the Director. All taps shall be made on the top half of the pipe,
and not within 18 inches of a joint, or within 24 inches of another
connection. A department representative shall be onsite to observe
all connections to the municipal system.
(6)
Installation of Water Service Lines and Laterals.
(7)
Cross-Connection Prohibited. No person shall establish or permit
to be established or maintain or permit to be maintained any cross
connection.
(8)
Inspections. It shall be the duty of the Utility to cause inspection
to be made of all properties serviced by the Utility where cross connection
with the Public Water System is deemed possible.
(a)
Residential properties serviced by the Utility shall be inspected
on a maximum ten-year interval.
(b)
All non-residential properties serviced by the Utility shall be required
to have a private inspection for cross connection as required by NR
810 of the Wisconsin Administrative Code. Proof of inspection must
be completed by a licensed plumber/certified inspector and the results
submitted to the Village.
(c)
The Utility may, but is not required to, perform the cross-connection
inspection of the owner's property.
(d)
If, in the opinion of the Director, the Utility is not able to perform
the inspection, the property owner must, at his or her 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.
(e)
The frequency of required inspections and re-inspections, based on
potential health hazards involved, may be shortened by the Utility.
The Utility shall charge fees as approved by the State of Wisconsin
Public Service Commission for on-premises follow-up visits by Utility
personnel for re-inspection due to customer non-compliance and for
after-hours inspections or re-inspections.
(9)
Right of Entry. Upon presentation of credentials, representatives
of the Utility 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 for cross connection. If entry is refused,
such representatives shall obtain a special inspection warrant under
Wis. Stats. § 66.0119.
(a)
The Utility shall charge the property owner a fee of $20 per day
for refusal to allow entry to examine any property.
(b)
Upon request, the owner, lessor, or occupant of any property so served
shall furnish to the inspection agency any pertinent information regarding
the piping system on such property.
(10)
Authority to Discontinue Service. The Utility 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 damage
of contamination of the Public Water System.
(a)
Water service shall be discontinued if the means of backflow
prevention required by the Utility is not installed, tested, maintained,
and repaired in compliance with this ordinance and Wis. Adm. Code
NR 811 or if it is found that the means of backflow prevention required
by this chapter has been removed or bypassed.
(b)
Water service shall be discontinued only after reasonable notice
and opportunity for hearing under Wis. Stats. Ch. 68 in front of the
Board, except as provided in Subsection (7) of this section.
(11)
Reconnection of Service. Water service to any property discontinued
under the provisions of this chapter shall not be restored until the
cross connection has been eliminated or a backflow prevention device
approved by the Director has been installed in compliance with the
provisions of this section. The Utility shall charge fees as approved
by the State of Wisconsin Public Service Commission for the reconnection
of the water service.
(12)
Emergency Discontinuance of Service. If it is determined by the Director
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 Wis. Stats. Ch. 68, within 10 days of such emergency
discontinuance. Such hearing shall be before the Village Board of
Appeals, and shall conform to all existing due process requirements.
(13)
Owner Responsibility. The property owner shall be responsible for
the elimination of or protection from all cross connections on his
or her premises.
(a)
The owner shall, at his or her expense:
1.
Have installed, maintained, and tested any and all backflow
preventers on his or her premises in compliance with Wis. Adm. Code
NR 811 and Comm 82.
2.
Have corrected any malfunction, revealed by periodic testing,
of any backflow preventer on his or her premises.
3.
Inform the Utility of any proposed or modified cross connections
and also any existing cross connections that are not protected by
an approved backflow prevention device.
(b)
The property owner shall not:
1.
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 must supply additional devices necessary to allow testing to
take place.
(c)
In the event the property owner installs plumbing upstream of
the backflow preventer, such plumbing must have its own approved backflow
preventer. The property owner is required to follow the protection
practices described in the American Water Works Association publication
AWWA M14 titled "Recommended Practice for Backflow Prevention and
Cross-Connection Control", unless the Director requires or authorizes
other means of protecting the Public Water System. These requirements
or authorizations will be at the discretion of the Director.
(14)
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.
(a)
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 Director, 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.
(b)
In the case of any premises where, in the opinion of the Director,
an undue health threat is posed because of the presence of toxic substances,
the Director 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 Director.
(15)
Wis. Adm. Code. Wisconsin Administrative Comm. 82 is hereby adopted,
except any penalty provisions therein. Wis. Adm. Codes NR 810 and
812 is hereby adopted. Wisconsin Public Service Code 185 is hereby
adopted in its entirety.
(16)
Plumbing Code. This section does not supersede the State of Wisconsin
Plumbing Code, Comm. 81-87, but is supplementary thereto.
(17)
Well Abandonment and Well Operation Permit. NR 810, Wis. Adm. Code,
directs suppliers of water for municipal water systems to require
the abandonment of all unused, unsafe or non-complying wells located
on the premises served by their system, and to provide a permit system
to allow retention of safe and code compliant wells, by local ordinance
or water utility rule, to eliminate sources of unsafe water and to
prevent such wells from becoming channels for vertical movement of
contaminated water and to eliminate all existing cross connections
and prevent all future cross connections.
(a)
To protect public health, safety, and welfare and to prevent contamination of groundwater by assuring that unused, unsafe, or non-complying wells or wells which may act as conduits for contamination of groundwater or wells which may be illegally cross connected to the municipal water system, are properly maintained or abandoned, all wells on premises served by the municipal water system shall be properly abandoned in accordance with Section 8.04 (6) of this chapter not later than 180 days from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by the Village under terms of Section 8.04(17)(b) herein.
(b)
Owners of wells on premises served by the municipal water system
wishing to retain their wells for any use shall make applications
for a well operation permit for each well at the time of connection
to the municipal water system.
1.
The Public Works Director or his or her designee shall grant
a permit to a well owner to operate a well for a period not to exceed
five years providing all conditions of this section are met.
2.
A well operation permit may be renewed by submitting an application
verifying that the conditions of this section are met.
3.
The Village, 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 permit application or renewal.
4.
Permit applications and renewals shall be made on forms provided
by the Clerk. All initial and renewal applications must be accompanied
by a fee as set from time to time by resolution of the Board. The
following conditions must be met for issuance or renewal of a well
operation permit:
a.
The well and pump installation shall meet the standards described
in NR 812 Wis. Adm. Code. (Complete WDNR well inspection form, currently
#3300-233.)
b.
The well and pump shall have a history of producing safe water
evidenced by no less than 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 shall be no cross connections between the well's
pump installation or distribution piping and the municipal water system.
d.
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.
e.
The private well shall have a functional pumping system.
f.
The proposed use of the private well shall be justified as reasonable
outside use.
(18)
Abandonment Procedures.
(a)
All wells abandoned under the jurisdiction of this chapter shall
be done according to the procedures and methods of s. NR 812, Wis.
Adm. Code. (Complete WDNR form for well abandonment, currently #3300-5b.)
All debris, pumps, piping, unsealed liners, and any other obstructions
which may interfere with sealing operations shall be removed prior
to abandonment.
(b)
The owner of the well, or the owner's agent shall be required
to obtain a well abandonment permit from the Village prior to any
well abandonment and shall notify the Director 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.
(c)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Director and
the Department of Natural Resources Private Water Supply Section,
Green Bay, Wisconsin, within 30 days of the completion of the well
abandonment.
(19)
Mandatory Hookup.
(a)
The owner of each parcel of land adjacent to a water main on
which there exists a building usable for human habitation or in a
block through which such system is extended located within the corporate
limits of the Village shall connect to such system within six months
of notice in writing from Village.
1.
Upon failure to do so, the Village may cause such connection
to be made and bill the property owner for such costs.
2.
If such costs are not paid within 30 days, such notice shall
be assessed as a special tax lien against the property, all pursuant
to Wis. Stats. § 281.45, provided, however, that the owner
may, within 30 days after the completion of the work, file a written
request with the Village stating that he or she cannot pay such amount
in one sum and ask that there be levied in not to exceed 10 equal
annual installments and that the amount shall be so collected with
interest at the rate of 12% per annum from the completion of the work,
the unpaid balance being a special tax lien, all pursuant to Wis.
Stats. § 281.45.
(b)
This chapter ordains that the failure to connect to the water
system is contrary to the minimum health standards of the Utility
and fails to assure preservation of public health, utility comfort
and safety of said Utility.
(1)
General Policy. It shall be the policy of the Village to obtain sufficient
revenues to pay the costs of the operation and maintenance of the
public water supply system, including debt service and replacement
costs, through a system of water service charges as defined in this
section. The system shall assure that each user of the water system
pays their fair and proportionate share of the cost of such facilities.
(2)
Rate Orders Adopted. The current applicable Public Service Commission
Rate Orders governing the Village water utility are hereby incorporated
by reference.
(3)
Payment. Users billed by the Suamico Sewer and Water Utility shall
make payment in accordance with the current rules and regulations
of the Utility in accordance with PSC 185 for payment of bills. Such
payments shall be made at the office of the Water Utility or any other
officially designated location at the same time that the bills become
due.
(4)
Delinquency. Bills for sewer service charges and water charges levied
and assessed in accordance with this chapter and resolutions adopted
pursuant hereto and the rules and regulations of the Suamico Sewer
and Water Utility shall become due and payable within 20 days after
the date of billing. All overdue accounts in excess of 20 days after
the due date shall be charged a penalty of 3% for unpaid balances.
Schedule Mg-1.
(5)
Ownership and Occupancy. Change of ownership or occupancy of premises
under provisions of this section shall not be cause for reducing or
eliminating charges due and penalties.
(6)
Designation. The Administrator or his or her designee is hereby designated
the employee to respond to any Public Service Commission issues in
accordance with Wis. Adm. Code Section 185.39.
In their interpretation and application, the provisions of this
chapter shall be held to the minimum requirements and shall not be
deemed a limitation or repeal of any other power granted by the Wisconsin
statutes or Wis. Adm. Code. Where any terms or requirements of this
chapter may be inconsistent or conflicting, the state statute or administrative
code provision shall apply. Where a provision of this chapter is required
by Wisconsin statutes, or by standards in Chapter PSC 185, Wis. Adm.
Code, or its successor chapters and where this ordinance provision
is unclear, the provision shall be interpreted in light of the Wisconsin
statutes and Chapter PSC 185, Wis. Adm. Code standards or its successor
chapter in effect on the date of the adoption of this ordinance, or
in effect on the date of the most recent text amendment to this chapter.
(1)
Title of Ordinance. This ordinance shall be known, cited and referred
to as the "Wellhead Protection Ordinance" (hereinafter referred to
as "WHP Ordinance".)
(2)
Purpose, Authority, and Application.
(a)
Residents in the 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 WHP ordinance is to institute land use regulations and restrictions
to protect the Village's municipal water supply and well fields,
and to promote the health, safety and general welfare of the residents
of the Village.
(b)
Statutory authority of the Village to enact these regulations was
established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a)
and (c). Under these statutes, the Village has the authority to enact
this ordinance, effective in the incorporated areas of the Village,
to encourage the protection of groundwater resources.
(c)
The regulations specified in this WHP ordinance shall apply within
the Village's corporate limits.
(3)
AQUIFER
EXISTING FACILITIES
GROUNDWATER PROTECTION OVERLAY DISTRICT
RECHARGE AREA
WELL FIELD
ZONE A
ZONE B
ZONE C
Definitions.
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
Current facilities, practices and activities which may cause
or threaten to cause environmental pollution within that portion of
the Village's wellhead protection area that lies within the corporate
limits of the Village. Existing facilities include but are not limited
to the type listed in the Department of Natural Resources' form
3300-215, Public Water Supply Potential Contaminant Use Inventory
Form which is incorporated herein as if fully set forth [consult your
municipal attorney regarding incorporation by reference Form 3300-215.].
That portion of the recharge area for the Village wells that
lies within the Village limits as shown in the map attached hereto
as Exhibit "A" and incorporated herein as if fully set forth.
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well. This area extends beyond the corporate limits of the Village.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
An area within 400 feet of a municipal well.
An area lying between 400 feet and 1,000 feet of a municipal
well.
An area lying between 1,000 feet and 1,200 feet of a municipal
well.
(4)
Groundwater Protection Overlay District.
(a)
Separation Distances. The following minimum separation distances
shall be maintained within the Groundwater Protection Overlay District.
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 storm
water 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 Commerce (hereafter Commerce) or its designated agent
under s. Comm 10.10, Wis. Adm. Code.
5.
One thousand feet between a well and land application of municipal,
commercial or industrial waste; boundaries of a land spreading facility
for spreading of petroleum-contaminated soil regulated under Ch. NR
718 while that facility is in operation; industrial, commercial or
municipal waste water 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 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 Commerce or its designated agent
under S. Comm 10.10, Wis. Adm. Code; bulk fuel storage facilities;
and pesticide or fertilizer handling or storage facilities.
(b)
Three Overlay District Zones. This District is hereby divided into
Zones A, B, and C.
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 municipal wells. Zone A is more restrictive than Zones B or
C.
2.
Permitted Uses - Zone A. The following uses are permitted uses within
the groundwater protection Zone A. Uses not listed shall be considered
prohibited uses:
a.
Parks, provided there is no onsite waste disposal or fuel storage
tank facilities associated with this use.
b.
Playgrounds.
c.
Wildlife areas.
d.
Non-motorized trails, such as bike, skiing, nature and fitness
trails.
e.
Residential, commercial and industrial property, which is municipally
sewered, and free of flammable and combustible liquid and underground
storage tanks (USTs).
3.
Zone B. Identified as a secondary source of water for the municipal
wells because of the large cone of depression and a greater time of
travel. Zone B is less restrictive than Zone A, but more restrictive
than Zone C.
4.
Permitted Uses - Zone B. The following uses are permitted uses within
the groundwater protection Zone B. Uses not listed shall be considered
prohibited uses:
a.
All uses listed as permitted uses in Zone A.
b.
Above-ground 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.
c.
Residential, commercial and industrial property which is municipally
sewered or has a state-approved sewer and septic system.
5.
Zone C. Identified as the Groundwater Protection Overlay District,
excluding those areas within Zone A and Zone B.
6.
Permitted Uses - Zone C. All uses listed as permitted in Zone A and
Zone B. Individuals and/or facilities may make a request to the Utilities
Commission to permit additional land uses in Zone C.
7.
Mapping. The location and boundaries of the zoning districts established
by this ordinance are set forth on the attached Exhibit "A" which
is incorporated herein and hereby made a part of this ordinance. Said
map, together with everything shown thereon and all amendments thereto,
shall be as much a part of this ordinance as though fully set forth
and described herein.
(5)
Review of Permit Application.
(a)
The Village shall review all requests for approval of permits for
land uses in the Groundwater Protection Overlay District. All determinations
shall be made by the Village within 60 days of any request for approval,
provided however, that this sixty-day period of limitation may be
extended by the Village for "good cause", as determined in the sole
and absolute discretion of the Village.
(b)
Upon reviewing all requests for approval, the Village shall consider
all of the following factors:
1.
The Village's responsibility, as a public water supplier, to
protect and preserve the health, safety and welfare of its citizens.
2.
The degree to which the proposed land use practice, activity or facility
may seriously threaten or degrade groundwater quality in the Village
or the Village's recharge area.
3.
The economic hardship which may be faced by the landowner if the
application is denied.
4.
The availability of alternative options to the applicant, and the
cost, effect and extent of availability of such alternative options.
5.
The proximity of the applicant's property to other potential
sources of contamination.
6.
The existing condition of the Village's groundwater public water
wells and well fields, and the vulnerability to further contamination.
7.
The direction of flow of groundwater and other factors in the area
of the applicant's property which may affect the speed of the
groundwater flow, including topography, depth of soil, extent of aquifer,
depth to water table and location of private wells.
8.
Any other hydro geological data or information which is available
from any public or private agency or organization.
9.
The potential benefit, both economic and social, from the approval
of the applicant's request for a permit.
(c)
Any exemptions granted will be made conditional and may include environmental
and/or safety monitoring which indicates whether the facility may
be emitting any releases or harmful contaminants to the surrounding
environment. The facility will be held financially responsible for
all environmental cleanup costs. The Village may require that a bond
be posted for future monitoring and cleanup costs if deemed necessary
at the time of granting an exemption.
(d)
The applicant shall be solely and exclusively responsible for any
and all costs associated with the application, including all of the
following:
1.
The cost of an environmental impact study if so required by the Village
or its designee.
2.
The cost of groundwater monitoring or groundwater wells if required
by the Village or its designee.
3.
The costs of an appraisal for the property or other property evaluation
expense if required by the Village or its designee.
4.
The costs of Village's employee's time associated in any
way with the application based on the hourly rate paid to the employee
multiplied by a factor, determined by the Village, representing the
Village's costs for expenses, benefits, insurance, sick leave,
holidays, overtime, vacation and other similar benefits.
5.
The cost of Village equipment employed.
6.
The cost of mileage reimbursed to the Village employees.
(6)
Requirements for Existing Facilities and Land Uses.
(a)
Existing facilities shall provide copies of all federal, state and
local facility operation approvals or certificates and ongoing environmental
monitoring results to the Village.
(b)
Existing facilities shall 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.
(c)
Existing facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already
in existence.
(d)
Existing facilities shall have the responsibility of divising and/or
filing with the Village, a contingency plan satisfactory to the Utility
Commission for the immediate notification of the appropriate Village
officers in the event of an emergency.
(e)
Property owners with an existing agricultural use shall be exempt
from requirements of this ordinance as they relate to restrictions
on agricultural uses, provided however, that such exemption shall
only apply to the property owners in existence at the time of passage
of the ordinance and this exemption shall not constitute a covenant
running with the land.
(7)
Enforcement and Penalties.
(a)
In the event an individual and/or facility causes the release of
any contaminants which endanger the Groundwater Protection Overlay
District, the individual/facility causing said release shall immediately
cease and desist, and provide cleanup satisfactory to the Village.
(b)
The individual/facility shall be responsible for all costs of cleanup
and the Village consultant fees at the invoice amount plus administrative
costs for oversight, review and documentation, including all of 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, overtime,
vacation, and similar benefits.
2.
The cost of Village equipment employed.
3.
The cost of mileage reimbursed to the Village employees attributed
to the cleanup.
(c)
Following any such discharge, the Village may require additional
test monitoring or other requirements as outlined in Sections 6 and
7 herein.
(d)
Violations. It shall be unlawful to construct or use any structure,
land or water in violation of this ordinance. Any person who is specifically
damaged by such violations may institute appropriate action or proceeding
to enjoin a violation of this ordinance.
(8)
Severability Clause. The provisions of this ordinance shall be deemed
severable and it is expressly declared that Board would have passed
the other provisions of this ordinance irrespective of whether or
not one or more provisions may be declared invalid. If any provision
of this ordinance or the application to any person or circumstance
is held invalid, the reminder of the ordinance or the application
of such other provisions to other persons or circumstances shall not
be affected.
Any person violating any of the provisions of this section or
tampering with metering or sampling shall be liable to the Village
for any expense, loss, or damage occasioned by such violation and
upon conviction of any violation of this section shall be subject
to a forfeiture of not less than $100 or more than $2,500 per violation,
plus damages. Each day a condition is allowed to exist which is contrary
to all or any part of this section shall constitute a new violation.
(1)
Appeal Procedures. Any user affected by any decision, action, or
determination, including cease and desist orders, made by the interpreting
or implementing provisions of this chapter may file with the Director
a written request for reconsideration within 10 days of the date of
such decision, action, or determination, setting forth in detail the
facts supporting the user's request for reconsideration. The
Director shall render a decision on the request for reconsideration
to the user in writing within 15 days of receipt of request. The person
requesting reconsideration may, within 10 days after notification
on the action, file a written appeal with the Board in accordance
with Wis. Stats. Ch. 68.