[HISTORY: Adopted by the Village Board of the Village of Wrightstown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-1990 by Ord. No. 111390
(Ch. 15 of the 1976 Code)]
The purpose of this article is to prevent contamination of groundwater
and to protect public health, safety and welfare by assuring that unused,
unsafe or noncomplying wells or wells which may serve as conduits for contamination
or wells which may be illegally cross-connected to the municipal water system
are properly abandoned.
This article applies to all wells located on premises served by the
Wrightstown municipal water system.
As used in this article, the following terms shall have the meanings
indicated:
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,
as defined in W.S.A. s. 49.10(12)(f)1,[1] or a privately owned water utility serving any of the above.
A well or pump installation which does not comply with the provisions
of Chapter NR 112, 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.
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.
A well or pump installation which produces water which is bacteriologically
contaminated or contaminated with substances in excess of the standards of
Chapter NR 109 or NR 140, Wisconsin Administrative Code, or for which a Health
Advisory has been issued by the Department of Natural Resources.
A well or pump installation which is not in use or does not have
a functional pumping system.
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.
The filling and sealing of a well according to the provisions of
Chapter NR 112, Wisconsin Administrative Code.
[1]
Editor's Note: Section 49.10 of the Wisconsin statutes was repealed
by 1985 Act 29.
All wells located on premises served by the municipal water system shall
be abandoned in accordance with the terms of this article and Chapter NR 112,
Wisconsin Administrative Code, by January 1, 1991, or no later than one year
from the date of connection to the municipal water system, whichever occurs
last, unless a well operation permit has been obtained by the well owner from
the village.
The village may grant a permit to a private well owner to operate a
well for a period not to exceed five years, provided that the conditions of
this section are met. An owner may request renewal of a well operation permit
by submitting information verifying that the conditions of this section are
met. The village, or its agent, may conduct inspections or have water quality
tests conducted at the applicant's expense to obtain or verify information
necessary for consideration of a permit application or renewal. Permit applications
and renewals shall be made on forms provided by the Clerk-Treasurer. The following
conditions must be met for issuance or renewal of a well operation permit:
A.
The well and pump installation meet or are upgraded to
meet the requirements of Chapter NR 112, Wisconsin Administrative Code.
B.
The well construction and pump installation have a history
of producing bacteriologically safe water as evidenced by at least two samplings
taken a minimum of two weeks apart. No exception to this condition may be
made for unsafe wells, unless the Department of Natural Resources approves,
in writing, the continued use of the well.
C.
There are no cross-connections between the well and pump
installation and the municipal water system.
D.
The proposed use of the well and pump installation can
be justified as being necessary in addition to water provided by the municipal
water system.
A.
All wells abandoned under the jurisdiction of this article
or rule shall be abandoned according to the procedures and methods of Chapter
NR 112, 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.
B.
The owner of the well, or the owner's agent, shall
notify the Clerk-Treasurer at least 48 hours prior to commencement of any
well abandonment activities. The abandonment of the well shall be observed
by an authorized employee of the village.
C.
An abandonment report form, supplied by the Department
of Natural Resources, shall be submitted by the well owner to the Clerk-Treasurer
and the Department of Natural Resources within 10 days of the completion of
the well abandonment.
Any well owner violating any provision of this article shall upon conviction be punished by forfeiture as set forth in Chapter 102, Fees and Penalties. Each day of violation is a separate offense. If any person fails to comply with this article for more than 10 days after receiving written notice of the violation, the municipality may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
[Adopted 11-30-1999 by Ord. No. 113099D]
The purpose of this article is to ensure the provision of a safe and
sanitary drinking water supply for the Village of Wrightstown by the establishment
of a wellhead protection zone surrounding the wellhead for Well No. 4, which
is a supply source for the Village of Wrightstown water system, and by the
designation and regulation of property uses and conditions that may be maintained
within such zone.
This article applies to Well No. 4, which is a supply source for the
Village of Wrightstown. The regulations specified in this article shall apply
within the boundaries of the Village of Wrightstown.
When used in this article, the following words and phrases shall have
the meanings given in this section:
That part of the subsurface water which is in the zone of saturation.
All groundwater obtained from horizontal collectors, infiltration
lines, springs and dug, drilled or other types of wells.
A community water system owned by a city, village, county, town sanitary
district, utility district, public inland land and rehabilitation district,
municipal water district or a federal, state, county or municipal-owned institution
for congregate care or correction, or a privately owned water utility serving
the foregoing.
All structures, conduits and appurtenances by means of which water
is delivered to consumers except piping and fixtures inside buildings served,
and service pipes from buildings to street mains.
An excavation or opening into the ground made by digging, boring,
drilling, driving or other methods for the purpose of obtaining groundwater.
There is hereby established a use district to be known as a "Wellhead
Protection Zone," identified and described as all the area within one-half
mile of the village water supply Well No. 4, or any part thereof over which
the village has jurisdiction.
The following separation distances shall be maintained:
A.
Fifty feet between the well and storm sewer main.
B.
Two hundred feet between the well and any sanitary sewer
main, lift station or single-family residence fuel oil tank.
C.
Four hundred feet between the well and a septic tank
or soil absorption units receiving less than 8,000 gallons per day, a cemetery
or a stormwater drainage pond.
D.
Six hundred feet between the well and any gasoline or
fuel oil storage tank installation that has received written approval from
the Wisconsin Department of Commerce or its designated agent under s.COMM.
10.10.
E.
One thousand two hundred feet between the well and land
application of municipal, commercial or industrial waste; municipal, commercial
or industrial solid waste storage or wastewater lagoon, pond or storage structure;
manure stacks or storage structures; and septic tanks or soil absorption units
receiving 8,000 gallons per day or more.
F.
One-half mile between the well and salt storage facilities,
pesticide handling or storage sites, fertilizer handling or storage sites,
chemical handling industries or businesses (body shops, dry cleaners, etc.),
cattle grazing sites, bulk fuel storage facilities and gasoline or fuel oil
storage tanks that have not received written approval from the Wisconsin Department
of Commerce or its designated agent under s.COMM. 10.10.
Notwithstanding the provisions of § 198-12, the following uses are prohibited anywhere within the Wellhead Protection Zone. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use and handling of potential pollutants) will cause groundwater contamination.
B.
Septage and/or sludge spreading.
C.
Animal waste facilities.
D.
Asphalt products manufacturing.
E.
Coal storage facilities.
F.
Hazardous waste storage, treatment or disposal sites.
G.
Landfills or waste disposal facilities.
H.
Cemeteries.
I.
Landspreading sites.
J.
Municipal sludge sites.
K.
Septic disposal.
L.
Junkyards or auto salvage yard.
M.
Bulk fertilizer and pesticide facilities.
N.
Electroplating.
O.
Paint and coating manufacturing.
P.
Toxic materials storage and use.
Q.
Radioactive waste facilities.
R.
Tire and battery services.
S.
Quarries and gravel pits.
T.
Other similar uses that pose a threat to groundwater
quality.
Insofar as the standards in this section are not inconsistent with the
provisions of W.S.A. s.62.23(7)(h), they shall apply to all nonconforming
uses. The existing lawful use of a structure or building or its accessory
use which is not in conformity with the provisions of this article may be
continued subject to the following conditions:
A.
No modifications or additions to a nonconforming use
shall be permitted unless they are made in conformity with the 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 existing structure or
accessory use. Ordinary maintenance repairs are not considered structural
repairs, modifications or additions; such ordinary maintenance repairs include
internal or external painting, decorating, paneling and the replacement of
doors, windows and other nonstructural components.
B.
If a nonconforming use is discontinued for 12 consecutive
months, any future use of the land, structure or building shall conform to
the appropriate provisions of this article.
C.
Facilities shall provide copies of all federal, state
and local facility operation approvals or certificates and on-going environmental
monitoring results to the village.
D.
Facilities shall provide additional environmental or
safety structures/monitoring as deemed necessary by the village.
E.
Facilities shall replace equipment or expand in a manner
that improves the existing environmental and safety technologies already in
existence.
F.
Facilities shall have the responsibility of developing
and filing with the village a contingency plan satisfactory to the village
for the immediate notification of village officials in the event of an emergency.
G.
In the event that the individual and/or facility causes
the release of contaminants which endanger the village water supply, the activity
causing said release shall immediately cease and a cleanup satisfactory to
the village shall occur.
H.
The individual/facility shall be responsible for all
costs of cleanup, village consultant fees at the invoice amount plus administrative
costs for oversight, review and documentation.
A.
Administration. The provisions of this article shall
be administrated and enforced by the Village Building Inspector and Village
Public Works Director. The village shall examine all applications for building
permits for properties within the Wellhead Protection Zone with regard to
separation distances and prohibited uses as established in this article.
B.
Remedies. Compliance with the provisions of this article
shall be enforced by appropriate fines and penalties. Compliance may also
be enforced by injunctional suit of the village or by the owner or owners
of real estate within the village affected by the regulations.
D.
Notice of violation. If the Building Inspector
or Public Works Director finds that any of the provisions of this article
are being violated, he/she shall notify, in writing by registered or certified
mail, the person(s) responsible indicating the nature of the violation and
ordering the action necessary to correct the violation. Whenever a person
shall have been notified in writing that he/she is in violation of the provisions
of this article, such person shall commence correction of all violations within
10 days of notice and shall correct all violations within 45 days of notice.
If such corrections are not commenced within 10 days or completed within 45
days of written notice, each day that a violation continues shall be considered
a separate offense.
