It is the purpose of this article to ensure a safe and sanitary drinking water supply for the city water works by the establishment of well head protection zones surrounding the well heads for all well sites, which are the supply sources for the city water works system, and by designation and regulation of property uses and conditions that may be maintained within such zones.

(Code 2001, § 16.17(1); Ord. No. 1111, 10-21-2014)

This article applies to all well sites that are or are proposed to be the supply sources for the city water works. The regulations specified in this article shall apply within the boundaries of the city.

(Code 2001, § 16.17(2); Ord. No. 1111, 10-21-2014)

There is hereby established a use district to be known as a well head protection zone, identified and described as five-year capture zone of wells number seven, nine and ten, developed by Layne Northwest, a division of Layne Christensen Company (a copy of which is on file in the office of the city clerk) and all the area within 1,200 feet of the well number 11.

(Code 2001, § 16.17(3); Ord. No. 1111, 10-21-2014)

Any utility water supply well site selected or proposed after October 1, 2013, shall be adequately separated from potential sources of contamination. The following separation distances, as specified in Wis. Admin. Code § NR 811.12(5)(d) shall be maintained around well number 11:

(1)

50 feet between a city well and a storm sewer 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 four psi low pressure air test for plastic gravity sewer lines found in the latest edition of the state standard specifications for sewer and water construction. 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.

(2)

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

(3)

300 feet between a city well 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. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code § ATCP 93.260 and receive written approval from the department of safety and professional services or its designated local program operator under Wis. Admin. Code § ATCP 93.110. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil or hazardous substances.

(4)

300 feet between a city well 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 Wis. Admin. Code § ATCP 93.260 and receive written approval from the department of safety and professional services or its designated local program operator under Wis. Admin. Code § 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.

(5)

400 feet between a city well and a private on-site wastewater disposal system (POWDS) dispersal component with a design capacity of less than 12,000-gallons per day, a cemetery or a stormwater retention or detention pond.

(6)

600 feet between a city well and any farm underground 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 Wis. Admin. Code § ATCP 93.260 and receive written approval from the department of safety and professional services or its designated local program operator under Wis. Admin. Code § ATCP 93.110. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil or hazardous substances.

(7)

1,000 feet between a city well and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under Wis. Admin. Code ch. NR 718 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.

(8)

1,200 feet between a city well 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 Wis. Admin. Code 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 Wis. Admin. Code § ATCP 93.110 for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, biodiesel, 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.

(Code 2001, § 16.17(4); Ord. No. 1111, 10-21-2014)

The standards in this section, not inconsistent with the provisions of Wis. Stats. § 62.23(7)(h) shall apply to all existing lawful uses of a structure or building or its accessory uses, which are not in conformity with the provisions of this article (non-conforming use). A non-conforming use may be continued subject to the following conditions:

(1)

No modifications or additions to a non-conforming use shall be permitted unless made in conformity with provisions of this section. For the purposes of this section, the terms "modification" and "addition" include, but are not limited to, any alteration, addition, modification, rebuilding or replacement of any such structure or accessory use. Ordinary maintenance is not considered a modification or addition and includes internal or external painting, decorating, paneling and the replacement of windows, doors, and other non-structural components.

(2)

If a non-conforming use is discontinued for 12 consecutive months, any future use of the property shall conform to the appropriate provisions of this chapter.

(3)

A non-conforming use shall provide copies of all federal, state and local reports of on-going environmental monitoring or testing.

(4)

A non-conforming use shall provide environmental procedures or monitoring as deemed necessary by the city, which may include, but are not limited to, stormwater runoff management and monitoring.

(5)

Ordinary maintenance shall be done by a non-conforming use in a manner that improves the existing environmental conditions already in existence.

(6)

A non-conforming use shall have the responsibility of filing with the city a contingency plan satisfactory to the city, provide immediate notification to the city of any emergency or other event that has the potential to cause groundwater contamination. The contingency plan shall include at a minimum a list of contacts, including city contacts, to be notified in the event of an emergency, the type of emergency that may occur, or a response plan and the type of equipment used to respond to emergencies.

(7)

In the event the non-conforming use causes the release of any contaminants which endanger the city's groundwater, the activity causing the release shall immediately cease with cleanup satisfactory to the city, including the payment of all cost of cleanup, city consultant fees, and city administrative cost for oversight, review and documentation.

(Code 2001, § 16.17(5); Ord. No. 1111, 10-21-2014)

The provisions of this article shall be administered and enforced jointly by the city public works committee and the city's public works director. They shall examine all applications for building permits for properties within a 1,200-foot radius of a municipal well site with regard to the setback distances established in this article.

(Code 2001, § 16.17(6); Ord. No. 1111, 10-21-2014)

Anyone who violates the provisions of this article shall be subject to forfeiture as provided in section 1-12. Each day of violation shall be considered a separate offense. In addition, the city shall be entitled to injunctive relief.

(Code 2001, § 16.17(8); Ord. No. 1111, 10-21-2014)