§ 13-1-31. Wellhead protection overlay district.

(a)

Purpose. This district provides protection for the village's groundwater aquifer and municipal water supply, and promotes the health, safety and general welfare of the residents of the village. Village residents depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. This section institutes land use regulations and restrictions to protect the village's municipal water supply.

(b)

Areas to be regulated. This chapter regulates the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the village's most recent wellhead protection plan, completed in accordance with Wisconsin Administrative Code Chapter NR911.12(6) for wellhead protection planning, and adopted by the Village of Minong Board of Trustees.

NOTE: Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years of less to travel from the land surface to the pumping well.

(c)

Separation distances. Uses within either Wellhead Protection Overlay District shall maintain the following minimum separation distances as specified in Chapter NR 811.12(5), Wisconsin Administrative Code.

(1)

Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double wall above ground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110.

(2)

Fifty feet between a well and a storm main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the 4 psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125 percent of the pump shut-off head.

(3)

Two hundred feet between a well field and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one or two family residential heating fuel oil underground storage tank or above ground storage tank or private onsite wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.

(4)

Three hundred feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected it. These installations shall meet the most restrictive installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110, Wis. Admin. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(5)

Three hundred feet between a well field and any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of s. ATCP 93.260, Wis. Admin. Code, and receive written approval from the department of commerce or its designated Local Program Operator under s. ATCP 93.110, Wis. Admin. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(6)

Four hundred feet between a well field and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a storm water retention or detention pond.

(7)

Six hundred feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110,These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(8)

One thousand feet between a well field and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal waste water treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

(9)

Twelve hundred feet between a well field 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; coal storage area, salt or deicing material storage area; any single wall farm underground storage tank or single wall farm above ground storage tank or other single wall underground storage tank or above ground storage tank that has or has not received written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110, Wis. Admin. Code, for a single wall tank installation. These requirements apply to tans containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.

(d)

Permitted uses. The following uses are permitted in subject to the separations distances in subsection (c):

(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 bike, skiing, nature and fitness trails.

(5)

Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.

(6)

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.

(e)

Conditional uses.

(1)

Hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.)

(2)

Motor vehicle services, including filling and service stations, repair, renovation and body work.

(3)

Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.

(4)

Geothermal wells, also known as ground source heat pump along with any associated piping and/or ground loop component installations.

a.

Conditions which the village council may require. Upon granting variance, the village council may stipulate conditions and restrictions including but not limited to the following:

1.

A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The village may require an application to install one or more groundwater monitoring well(s), at the expense of the applicant;

2.

The establishment of safety structures to prevent groundwater contamination;

3.

The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and storm water runoff management to prevent groundwater contamination;

4.

Written policies and procedures for reporting and cleaning up any spill of a hazardous material;

5.

The provision of copies of all federal, state and local facility operation approval or certificates, and on-going environmental monitoring results to the Village;

6.

A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination;

7.

Bonds and/or securities satisfactory to the Village for future monitoring and cleanup costs if groundwater contamination occurs in the future.

(f)

Prohibited uses.

(1)

Cemeteries.

(2)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(3)

Coal storage.

(4)

Dry cleaners.

(5)

Electroplating plants.

(6)

Industrial liquid waste storage areas.

(7)

Landfills and any other solid waste facility, except post-consumer recycling.

(8)

Manure and animal waste storage except animal waste storage facilities regulated by the County.

(9)

All mining including sand and gravel pits.

(10)

Pesticide and fertilizer dealer, transfer or storage facilities.

(11)

Railroad yards and maintenance stations.

(12)

Rendering plants and slaughterhouses.

(13)

Bulk storage of salt or deicing material.

(14)

Salvage or junk yards.

(15)

Septage or sludge spreading, storage or treatment.

(16)

Septage, wastewater, or sewage lagoons.

(17)

Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

(18)

Stockyards and feedlots.

(19)

Stormwater infiltration basins without pre-treatment, including vegetative filtration and/or temporary detention.

(20)

Wood preserving operations.

(21)

Any other use determined by the village board to be similar in nature to the above listed uses.

(Ord. of 1-2-2016(1), § 1)