Belgium Village City Zoning Code
ARTICLE V
Wellhead Protection
§ 270-37 Purpose.
The purpose of this article is to ensure the provision of a safe and sanitary drinking water supply for the Village of Belgium by the establishment of wellhead protection zones surrounding the wellheads for all wells, which are the supply sources for the Village of Belgium water system, and by the designation and regulation of property uses and conditions that may be maintained within such zones.
§ 270-38 Applicability.
This article applies to all wells that are the supply sources for the Village of Belgium. The regulations specified in this article shall apply within the boundaries of the Village of Belgium.
§ 270-39 Definitions.
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.
§ 270-40 Establishment of Wellhead Protection Zone.
There is hereby established a use district to be known as a "Wellhead Protection Zone," identified and described as all the area within 1/2 mile of any Village water supply well site, or any part thereof over which the Village has jurisdiction.
§ 270-41 Minimum separation distances.
Any Village water supply well shall be adequately separated from potential sources of contamination. The following uses or conditions shall be and are hereby prohibited within the specified minimum separation distances:
A.
Fifty feet between a well and storm sewer main.
B.
Two hundred feet between a well and any sanitary sewer main, lift station or single-family residence 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 Water Works Association (AWWA) 600 Specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.
C.
Four hundred feet between a 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 a 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 § COMM 10.10, Wis. Adm. Code.
E.
One thousand two hundred feet between a well and land application of municipal, commercial or industrial waste; municipal, commercial or industrial solid waste storage or waste water 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 a 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 § COMM 10.10, Wis. Adm. Code.
§ 270-42 Uses prohibited within Wellhead Protection Zone.
Notwithstanding the provisions of § 270-41, 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. Uses not listed are not considered permitted uses.
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.
§ 270-43 Existing facilities and nonconforming uses.
Insofar as the standards in this section are not inconsistent with the provisions of § 62.23(7)(h), Wis. Stats., 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 provision 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 ongoing 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 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 and Village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.
§ 270-44 Administration and enforcement.
A.
Administration. The provisions of this article shall be administered and enforced by the Village Building Inspector and Village Director of Public Works. The Village shall examine all applications for building permits for properties within a 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.
C.
Penalties. Any person who violates any provision of this article or any order, rule or regulation made hereunder shall, upon conviction, be subject to the penalties set forth in § 270-123. Each day that a violation exists or continues shall constitute a separate offense.
D.
Notice of violation. If the Building Inspector or Director of Public Works 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.