This chapter shall be known, cited and referred to as the "Wellhead
Protection Ordinance" (hereafter "WHP Ordinance").
The regulations specified in this Wellhead Protection Ordinance shall apply to the incorporated areas of the Village that lie within the recharge areas for municipal water supply wells as defined in §
317-6, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this chapter and the Zoning Ordinance, the more restrictive provision shall apply.
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 1/10 of a foot by pumping of the well.
EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL
POLLUTION
Existing facilities which may cause or threaten to cause environmental
pollution within the corporate limits of the Village well fields' recharge
areas, which include, but are not limited to, sites listed on the Department
of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant
Use Inventory Form, Department of Commerce underground storage tank (hereinafter
UST) database and list of facilities with hazardous solid waste permits, all
of which are incorporated herein as if fully set forth.
FIVE-YEAR TIME OF TRAVEL
The recharge area upgradient of the cone of depression, the outer
boundary of which it is determined or estimated that groundwater will take
five years to reach a pumping well.
GROUNDWATER DIVIDE
A ridge in the water table, or potentiometric surface, which groundwater
moves away from at right angles. Also, the line of highest hydraulic head
in the water table or potentiometric surface.
PERSON
An individual, partnership, association, corporation, municipality
or state agency, or other legal entity.
RECHARGE AREA
The area that encompasses all areas or features that, by surface
infiltration of water that reaches the zone of saturation of an aquifer, supplies
groundwater to a well.
THIRTY-DAY TIME OF TRAVEL
The recharge area upgradient of a well, or its cone of depression,
the outer boundary of which it is determined or estimated that groundwater
will take thirty days to reach a pumping well.
WELL FIELD
A piece of land used primarily for the purpose of locating wells
to supply a municipal water system.
ZONE OF SATURATION
The area of unconsolidated, fractured or porous material that is
saturated with water and constitutes groundwater.
The Utility Commission shall provide objective and scientific technical
review of requests for conditional use permits and make recommendations to
the Village Board to grant or deny conditional use permits based upon the
facts discovered in that review, to make recommendations on any and all conditions
placed on a conditional use permit and to give notice on matters concerning
groundwater.
A Wellhead Protection District has been created to institute land use
regulations and restrictions within a defined area, which contributes water
directly to a municipal water supply and thus promotes public health, safety
and welfare. The District is intended to protect the groundwater recharge
area for the existing or future municipal water supply from contamination.
The regulations of this District will apply in addition to all other
regulations that occupy the same geographic area. The provisions of any zoning
districts that are within this overlay District will apply except when provisions
of the Wellhead Protection District are more stringent.
The Wellhead Protection District is divided into Zone 1 and Zone 2 as
follows:
A. Zone 1 of Wellhead Protection District. Zone 1 is the
area of land which contributes water to the Village well field, out to a five-year
time of travel to the well. Time of travel delineations are based on modeling
completed by the Wisconsin Geological and Natural History Survey and accepted
hydrogeological research as outlined in the State of Wellhead Protection Program
Plan for Public Water Utilities, Appendix 2. The zone boundaries are normalized
to road center lines, parcel lines, railways, surface water features and the
public land survey section lines, 1/2, 1/4, 1/8 or 1/16 section lines, wherever
possible.
B. Zone 2 of Wellhead Protection District. Zone 2 encompasses
the area of land located beyond Zone 1, which contributes water to the well,
starting at the line approximately 1,200 feet from the well location and ends
at the line delineating the five-year time of travel to the well. Time of
travel delineations are based on modeling completed by the Wisconsin Geological
and Natural History Survey and accepted hydrogeological research as outlined
in the State Wellhead Protection Program Plan for Public Water Utilities,
Appendix 2. The zone boundaries are normalized to road center lines, parcel
lines, railways, surface water features and the public land survey section
lines, 1/2, 1/4, 1/8 or 1/16 section lines, wherever possible.
The following permitted uses in Zone 1 and Zone 2 are subject to the separation distance requirements in §
317-11, prohibited uses in §
317-12 and conditional uses in §§
317-13 and
317-14.
A. Public and private parks, playgrounds and beaches, provided
there are no on-site wastewater disposal systems or holding tanks or fuel
storage tanks associated within this use.
B. Wildlife and natural and woodland areas.
C. Nonmotorized trails such as biking, hiking, skiing, nature,
equestrian and fitness trails.
D. Residential which is municipally sewered, free of flammable
and combustible liquid and USTs.
E. Routine tillage, planting and field management operations
in support of agricultural crop production, where nutrients from legume, manure
and commercial sources are accounted for and credited toward crop nutrient
need. The combination of all nutrient sources applied or available on individual
fields may not exceed University of Wisconsin soil test recommendations for
that field.
F. Any use permitted by the underlying zoning district, except as prohibited by §
317-12 or limited as a conditional use by §§
317-13 and
317-14.
The following separation distances as specified in s. NR 811.16(4)(d),
Wis. Adm. Code, shall be maintained:
A. Fifty feet between a public water supply well and a 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.
(NOTE: Current AWWA 600 specifications are available for inspection at the
office of the Wisconsin Department of Natural Recourses, the Secretary of
State's office and the office of the Revisor of Statutes.)
B. Two hundred feet between a public water supply well and
any sanitary sewer main not meeting the above specifications, any sanitary
sewer lift station.
C. Four hundred feet between a public water supply well
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 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.
E. One thousand feet between a well 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 adsorption units receiving 8,000 gallons per day
or more.
F. 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; 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.
Existing facilities within the Groundwater Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, those types listed in the Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form and all other facilities which are considered a prohibited use in §
317-12, or a conditional use in §§
317-13 and
317-14, all of which are incorporated herein as if fully set forth.
A. Such facilities as above which exist within the overlay
district at the time of enactment of a district shall provide copies of all
current, revised or new federal, state and local facility operation approvals,
permits or certificates; operational safety plans; and on-going environmental
monitoring results to the Village.
B. Such facilities as above which exist within the district
at the time of enactment of a district shall have the responsibility of devising,
filing and maintaining, with the Village, a current contingency plan which
details how they intend to respond to any emergency which may cause or threaten
to cause environmental pollution that occurs at their facility, including
notifying municipal, County and state officials.
C. Such facilities as above cannot engage in or employ a use, activity or structure listed in prohibited uses, §
317-12, or in conditional uses, §§
317-13 and
317-14, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of a district and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity or structure listed as a prohibited use or conditional use shall be expanded, replaced or rebuilt unless a conditional use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.