A.   Residents in the City of Menomonie 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 this chapter is to institute land use regulations and restrictions to protect the City's Municipal water supply and well fields, and to promote the health, safety, and general welfare of the residents of the City of Menomonie.

   B.   Statutory authority of the City to enact these regulations was established by the Wisconsin Legislature in section 62.23 (7)(c), Wisconsin Statutes. Under these statutes, the City has the authority to enact this chapter, effective in the incorporated areas of the City, to encourage the protection of groundwater resources.

   C.   The regulations specified in this chapter shall apply within the City's corporate limits.

   D.   The overlay district zones shall be shown on the official City zoning map. A detailed map, together with the report of zones and zoning districts underlying each district, shall be kept at the Office of the City Clerk and is available for public inspection during office hours. (Ord. 2018-11, 9-17-2018)

AQUIFER: "Aquifer" means a saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.

CONE OF DEPRESSION: "Cone of depression" means the area around a well, in which the water level has been lowered by pumping of the well.

EXISTING FACILITIES: "Existing facilities" means current facilities, practices, and activities which may cause, or threaten to cause, environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. Existing facilities include, but are not limited to, the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is incorporated herein as if fully set forth.

GROUNDWATER PROTECTION OVERLAY DISTRICT: "Groundwater Protection Overlay District" means that portion of the recharge area for the City wells that lies within the City limits as shown on the City's official zoning map.

RECHARGE AREA: "Recharge area" means the land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well.

TIME OF TRAVEL: "Time of travel" means the determined or estimated time required for a contaminant to move in the saturated zone from a specific point to a well.

WELL FIELD: "Well field" means a piece of land used primarily for the purpose of supplying a location for construction of wells to supply a Municipal water system. (Ord. 2018-11, 9-17-2018)

   A.   The Groundwater Protection Overlay District is hereby divided into the following zones: A, B, and C.

      1.   Zone A: Identified as the primary source of water for the Municipal well aquifer and as the area most likely to transmit groundwater contamination to the Municipal wells. Zone A is more restrictive than Zones B or C. This zone extends four hundred feet (400') from each well.

         a.   Permitted Uses - Zone A: The following uses are permitted uses within the Groundwater Protection Zone A. Uses not listed shall be considered prohibited uses:

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

Playgrounds.

Residential, commercial, and industrial property, which is Municipally sewered, and free of flammable and combustible liquid and underground storage tanks (USTs).

Trails such as bike, skiing, nature, and fitness trails.

Wildlife areas.

         b.   Separation Distances: The following minimum separation distances shall be maintained in Zone A:

            (1)   Fifty feet (50') between a well and storm sewer main.

            (2)   Two hundred feet (200') between a well and any sanitary sewer main, sanitary sewer manhole, lift station, or 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 American Waterworks Association (AWWA) C600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than fifty feet (50').

      2.   Zone B: Identified as a secondary source of water for the Municipal wells because of the large cone of depression and a greater time of travel. Zone B is less restrictive than Zone A, but more restrictive than Zone C. This zone extends six hundred feet (600') from each well.

         a.   Permitted Uses - Zone B: The following uses are permitted uses within the Groundwater Protection Zone B. Uses not listed shall be considered prohibited uses:

All uses listed as permitted uses in Zone A.

Aboveground petroleum product storage tanks less than six hundred sixty (660) gallons. All new or replaced tanks shall be installed in compliance with chapter ATCP 93, Wis. Adm. Code.

Residential, commercial, and industrial property which is Municipally sewered or has a State-approved sewer and septic system.

         b.   Separation Distances: The following minimum separation distances shall be maintained in Zone B:

            (1)   Four hundred feet (400') between a well and a septic tank or soil adsorption unit receiving less than eight thousand (8,000) gallons per day, a cemetery or a stormwater drainage pond.

      3.   Zone C: Identified as the Groundwater Protection Overlay District, excluding those areas within Zone A and Zone B. This zone extends one thousand feet (1,000') from each well.

         a.   Permitted Uses - Zone C:

All uses listed as permitted in Zone A and Zone B. Individuals and/or facilities may make a request to the City to permit additional land uses in Zone C.

         b.   Separation Distances: The following minimum separation distances shall be maintained:

            (1)   Six hundred feet (600') between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) or its designated agent under chapter ATCP 93, Wis. Adm. Code.

   B.   Prohibited Uses: The following uses are prohibited within the Groundwater Protection Overlay District:

Any property with residual groundwater contamination that exceeds chapter NR 140 enforcement standards that is shown on the Department of Natural Resources' geographic information system registry of closed remediation sites.

Any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility.

Bulk fuel storage facilities.

Coal storage area.

Gasoline or fuel oil storage tanks that have not received written approval from DATCP or its designated agent under chapter ATCP 93, Wis. Adm. Code.

Pesticide or fertilizer handling or storage facilities.

Salt or deicing material storage area.

Sanitary landfill. (Ord. 2018-11, 9-17-2018)

   A.   Existing facilities shall provide copies of all Federal, State, and local facility operation approvals or certificates and ongoing environmental monitoring results to the City of Menomonie.

   B.   Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the City of Menomonie, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.

   C.   Any replacement of equipment or expansion must be completed in a manner that improves the existing environmental and safety technologies already in existence.

   D.   Existing facilities shall have the responsibility of devising and/or filing with the City of Menomonie, a contingency plan satisfactory to the City for the immediate notification of the appropriate City of Menomonie officials in the event of an emergency.

   E.   Property owners with an existing agricultural use shall be exempt from requirements of this chapter as they relate to restrictions on agricultural uses, provided however, that such exemption shall only apply to the property owners in existence at the time of passage of this chapter and this exemption shall not constitute a covenant running with the land. (Ord. 2018-11, 9-17-2018)

   A.   Cease And Desist: In the event any person causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the person causing said release shall immediately cease and desist, and provide clean-up satisfactory to the City.

   B.   Clean-Up Costs: The person who shall cause or permit the release of any contaminants upon the land within the district shall be responsible for all costs of clean-up including all of the following:

      1.   The cost of City employees' time associated in any way with the clean-up based on the hourly rate paid to the employee multiplied by a factor determined by the City, representing the City's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.

      2.   The cost of City equipment employed.

      3.   The cost of mileage reimbursed to the City employees attributed to the clean-up.

   C.   Additional: Following any such discharge, the City may require additional test monitoring and/or bonds or securities.

   D.   Violations: It shall be unlawful to construct or use any structure, lane, or water in violation of this chapter. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this chapter.

   E.   Penalties: Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) plus the costs of the prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment thereof, but not exceeding thirty (30) days, or in the alternative, shall have such costs added to their real estate Property Tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense. (Ord. 2018-11, 9-17-2018)