Town of Bellevue Wellhead Protection Ordance

ORDINANCE TO CREATE

S. 11.04, CODE OF ORDINANCES

OF THE TOWN OF BELLEVUE AS IT RELATES TO

WELLHEAD PROTECTION

The Town Board of the Town of Bellevue, Brown County, Wisconsin, does hereby ordain as follows:

SECTION I: S 11.04 of the CODE OF ORDINANCES OF THE TOWN OF BELLEVUE is hereby created to read as follows:

11.04 WELLHEAD PROTECTION.

(1) CONSTRUCTION OF ORDINANCE

(a) TITLE - This chapter shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter WHP ORDINANCE).

(b) PURPOSE AND AUTHORITY

1. The residents of the Town of Bellevue (hereafter Town) 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 the WHP Ordinance is to institute land use regulations and restrictions to protect the Town municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Town.

2. These regulations are established pursuant to the authority granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare.

(2) DEFINITIONS

(a) 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 Town's well fields' recharge areas which include but are not limited to the Wisconsin Department of Natural Resources (hereafter DNR) draft list of "Inventory Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution", Department of Industry Labor and Human Relations' (hereafter DILHR) list of Underground Storage Tanks (hereafter UST'S) and list of facilities with hazardous solid waste permits, all of which are incorporated herein as if fully set forth.

(b) GROUND WATER DIVIDE - Ridge in the water table, of the potentiometric surface, from which ground water flows away at right angles in both directions. Line of highest hydraulic head in the water table or potentiometric surface.

(c) GROUNDWATER PROTECTION OVERLAY DISTRICT - Shall be defined as that area described within the wellhead protection plan.

(d) RECHARGE AREA - Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.

(e) TIME OF TRAVEL - The determined or estimated time required for a contaminant to move in the saturated zone from a specific point to a well.

(f) WELL FIELD - A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

(3) GROUNDWATER PROTECTION OVERLAY DISTRICT(hereafter District).

(a) INTENT. The area to be protected is the Bellevue well fields, recharge areas extending to the groundwater divide or a five year time of travel, as determined through the use of EPA's WHPA Computer groundwater model, contained within the Town boundary limits. These lands are subject to land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination.

(b) PERMITTED USES. Subject to the exemptions listed in section (3)(e), the following are the only permitted uses within the DISTRICT. Uses not listed are to be considered non permitted uses.

1 . Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

2. Playgrounds.

3. Wildlife areas.

4. Non-motorized trails, such as biking, skiing, nature and fitness trails.

5. Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.

6. Municipally sewered business development zoned B-1, B-2, or B-3, except for the following uses;

a. Above ground storage tanks.

b. Asbestos product sales.

c. Automotive service and repair garages, body shops.

d. Blue printing and photocopying services.

e. Car washes.

f. Equipment repair services.

g. Laundromats and diaper services.

h. Dry cleaning.

i. Gas stations.

j. Holding ponds or lagoons.

k. Infiltration ponds.

1. Nurseries, lawn and garden supply stores.

m. Small engine repair services.

n. Underground storage tanks.

o. Wells, private, production, injection or other.

p. Any other use determined by the Town Zoning Administrator to be similar in nature to the above listed items.

7. Agricultural uses in accordance with the county soil conservation departments best management practices guidelines.

(c) SEPARATION DISTANCES. The following separation distances as specified in the Wisconsin Administrative Code NR 811 shall be maintained and shall not be exempted as listed in section (3)(e).

1. Separation distance of 500 feet as documented in the Wellhead Protection Plan shall be maintained around Wells 1, 2, and 3.

The following distances shall apply for Well #4 only;

2. Fifty feet between a well and a storm sewer main.

3. Two hundred feet between a well and any sanitary sewer main, lift station or a 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 AWWA 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.

4. Four hundred feet between a well and a septic system, tank, or drain field, and receiving less than 8,000 gallons per day, a cemetery or a storm water drainage pond.

5. Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from DILHR or its designated agent under s. ILHR 10.10.

6. 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 soils absorption units receiving 8,000 gallons per day or more.

7. Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; coal storage area; gasoline or fuel oil storage tanks that have not received written approval from DILHR or its designated agent under s. ILHR 10.10; bulk fuel storage facilities and pesticide handling or storage facilities.

(d) REQUIREMENTS FOR EXISTING FACILITIES

1. Facilities shall provide copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results to the Town.

2. Facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the Town, which may include but is not limited to stormwater runoff management and monitoring.

3. Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

4. Facilities shall have the responsibility of devising and filing with the Town a contingency plan satisfactory to the Town for the immediate notification of Town officials in the event of an emergency.

(e) EXEMPTIONS AND WAIVERS

1. Individuals and/or facilities may request the Town in writing, to permit additional land uses in the District.

2. All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the Town and may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the Town and/or designee(s) for recommendation and final decision by the Town Board.

3. The individual/facility shall reimburse the Town for all consultant fees associated with this review at the invoiced amount plus administrative costs.

4. Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the Town.

(4) ENFORCEMENT

(a) In the event that the individual and/or facility causes the release of any contaminants which endanger the DISTRICT, the activity causing said release shall: 1. immediately cease and 2. a cleanup satisfactory to the Town shall occur.

(b) The individual/facility shall be responsible for all costs of cleanup. Town consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.

1. The cost of Town employees’ time associated in any way with cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Town representing the Towns cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.

2. The cost of Town equipment employed.

3. The cost of mileage reimbursed, to Town employees attributed to the cleanup.

(d) Enforcement shall be provided pursuant to section 11.05 of the Code.

SECTION II. CONFLICT AND SEVERABILITY. Section 25.02 of the CODE OF ORDINANCES OF THE TOWN OF BELLEVUE applies to this ordinance.

SECTION III. EFFECTIVE DATE. This ordinance shall take effect upon passage and posting as provided by law.

Adopted this l1th day of October, 1995.

By order of the Town Board, Town of Bellevue.