(a)

The residents of the village depend on groundwater for a safe drinking water supply. Certain practices and activities can seriously threaten or degrade groundwater quality. The purpose of this article is to institute regulations and restrictions to protect the village's municipal water supply (wells), and to promote the public health, safety, and general welfare of the residents of the village. The municipal wells and towers in the village are owned and operated by the Hudson Public Utility Commission. The mains in the village are owned and maintained by the village.

(b)

Statutory authority of the village to enact the regulations of this article was established by the state legislature in 1983, Wis. Stats. § 160.50(3) (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipalities to protect public health, safety, and welfare.

(c)

Wis. Admin. Code NR 811, (department of natural resources) environmental, protection, water supply regulations, as currently defined in the provisions of Wis. Admin. Code § NR811.16(4)(d)1—6, are adopted by reference and made a part of this article as if set forth in full in this section. A violation of such regulations shall constitute a violation of this article, and shall be punishable as provided in section 1-11 of this Code.

(Ord. No. 2-2000, § 17.33.1, 1-4-2000)

(a)

The regulations set forth in this article shall apply only to areas that lie within the wellhead protection zone (WHPZ) of the municipal wells within the corporate limits of the village. The area is shown as an official wellhead protection zone map of the village, and is based on information contained within the wellhead protection area delineation report dated October 1994. The map and report are on file at the village hall.

(b)

Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretations shall apply.

(Ord. No. 2-2000, § 17.33.2, 1-4-2000)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appropriate governmental Agencies means the United States Environmental Protection Agency (USEPA), Wisconsin Department of Natural Resources (WIDNR), Wisconsin Department of Commerce, Village of Hudson, Public Utility Commission, and any federal, state, county, town, city, village, and/or any other governmental jurisdictions that apply concerning the issues of this article, presently and in the future.

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

Cone of depression means the area around a well, in which the water level has been lowered at least one-tenth of a foot by pumping of the well.

Recharge area means the 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.

Time of travel zones (TOTZ) means the recharge areas upgradient of a pumping well, the outer boundaries of which are determined or estimated in the number of years that groundwater or potential contaminants will take to reach a pumping well. These areas are identified in the report and on the maps as one-year, five-year, ten-year, and 20-year TOTZ.

Wellhead protection zone (WHPZ) means the recharge area upgradient of a pumping well, the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take 20 years to reach a pumping well and those areas inside a 1,200-foot radius of a pumping well. The outer boundary is identified on the official WHPZ map with a solid black line. The one-year, five-year, ten-year, and 20-year TOTZ, and on which the 600-foot and 1,200-foot radii are also indicated.

Well means an encased hole to an aquifer used primarily for the purpose of supplying safe drinking water to private or municipal water supply systems.

(Ord. No. 2-2000, § 17.33.3, 1-4-2000)

Cross reference— Definitions generally, § 1-2.

(a)

Intent. The recharge area to be protected is the area that lies within the outer boundary of the WHPZ, upgradient from the municipal wells as shown on the official WHPZ map. Management practices minimizing uses of pesticides, herbicides, and fertilizers are strongly encouraged.

(b)

Permitted uses. The following uses are permitted within the WHPZ, provided the minimum horizontal separation distance from a municipal well is maintained as outlined in subsection (c) of this section:

(1)

Parks and playgrounds.

(2)

Wildlife areas including biking, skiing, nature and fitness trails.

(3)

Residential, commercial, industrial, and public and/or institutional developments served by municipal sanitary sewer, municipal storm sewer, and municipal water, except those listed in subsection (d)of this section.

(c)

Separation distance requirements. Areas surrounding each municipal well shall be subject to minimum horizontal separation distances between a municipal well and the uses and facilities as follows:

(1)

Fifty feet from any:

a.

Storm sewer main.

b.

Sanitary sewer main constructed of water main material and joints, which is pressure tested in place, and meets the current water main pressure test standards of the public utility commission.

(2)

Two hundred feet from any:

a.

Sanitary sewer main not meeting the specifications set forth in subsection (c)(1)b. of this section, and/or sanitary lift station.

b.

Petroleum (except LP/propane gas) storage tank installation of 500 gallons or less that has received written approval and meets the current requirements of all appropriate governmental agencies.

(3)

Four hundred feet from any:

a.

Cemetery.

b.

Storm water drainage pond.

(4)

Six hundred feet from any:

a.

Petroleum (except LP/propane gas) storage tank installation greater than 500 gallons that has received written approval and meets the current requirements of all appropriate governmental agencies.

b.

Septic and/or holding tank and/or wastewater soil absorption treatment system receiving less than 8,000 gallons per day that has received written approval and meets the current requirements of all appropriate governmental agencies.

(5)

One thousand feet from any:

a.

Agricultural activities and/or plant nurseries (pesticide, herbicide, and fertilizer storage only in limited use, retail sales quantity containers).

b.

Golf course (pesticide, herbicide, and fertilizer storage only in limited use, retail sales quantity containers).

(6)

One thousand two hundred feet from any:

a.

Asphalt products manufacturing, with adequate containment.

b.

Recycling facility, with adequate containment.

c.

Salt and/or deicing material storage, with adequate containment, except retail sales quantity containers.

d.

Coal storage area, with adequate containment.

e.

Wastewater treatment facility and/or sludge storage, with adequate containment.

f.

Bulk fertilizer and/or pesticide/herbicide facilities, with adequate containment.

g.

Bulk petroleum storage facility, with adequate containment.

(d)

Prohibited uses. The following uses are prohibited uses within the WHPZ. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) could cause groundwater contamination:

(1)

Petroleum (except LP/propane gas) storage tank installations without written approval from the appropriate governmental agencies.

(2)

Classified hazardous or extremely hazardous substances, as currently defined by USEPA, 40 CFR, Table 302.4, and 40 CFR 355, appendix A, waste facility and/or material storage facility (except retail sales quantity containers), and/or production facility.

(3)

Land application of municipal, commercial, industrial, or animal waste.

(4)

Municipal, commercial, industrial, or animal waste lagoon or storage structure.

(5)

Septic and/or holding tank and/or wastewater soil absorption treatment system receiving 8,000 gallons or more per day.

(6)

Radioactive waste facility.

(7)

Landfills and/or waste disposal facilities.

(8)

Junkyards and/or auto salvage yards.

(9)

Improperly abandoned well or septic and/or holding tank.

(10)

Improperly abandoned wastewater soil absorption treatment system.

(11)

Stockyard and/or feedlot.

(e)

Design standards and requirements. The owner and/or occupant shall comply with the following standards and requirements, which apply to all uses within the WHPZ:

(1)

Provide copies of all appropriate governmental agency approvals and/or certificates and any ongoing environmental monitoring and/or inspection results to the village public works supervisor and the village public utility commission.

(2)

As facilities and/or equipment are replaced and/or upgraded, they shall meet the current requirements and approvals of all appropriate governmental agencies.

(3)

Have the responsibility of developing and filing with the village public works department and the village public utility commission, a procedure for the immediate notification of the village public works department and the village public utility commission officials in the event of an emergency which involves the release of any contaminants that endanger the WHPZ.

(4)

If any owner and/or occupant of a facility which causes the release of any contaminants endangering the WHPZ, the activity causing such release shall immediately cease, and a cleanup satisfactory to the village public works department and the village public utility commission shall occur.

(5)

The owner and/or occupant of a facility which causes the release of any contaminants shall be responsible for all costs of cleanup, village public works department and village public utility commission consultant fees at the invoice amount, plus administrative costs for oversight (including engineering fees), review, and documentation.

(6)

All petroleum (except LP/propane gas) storage tanks shall meet the current requirements and approvals of all appropriate governmental agencies.

(7)

Pesticide, herbicide, and fertilizer storage is permitted at the location of retail sales of such products, provided that the products are delivered in retail quantity containers, and no repackaging and/or mixing is done on the site.

(8)

All storm drainage shall be approved by the village engineer and retained on-site or discharged to a municipally operated storm drainage system. If approval is obtained for retention on-site, storm drainage shall be discharged to settling ponds where it will percolate through at least four inches of topsoil. Use of drywells or other subsurface drains for storm water drainage is prohibited.

(f)

The owner and/or occupant of facilities whose uses do not meet the minimum separation distances listed in subsection (c) of this section, or whose uses are listed in subsection (d) of this section, which exist within the WHPZ on the effective date of the ordinance from which this article is derived, may be allowed by the village public works department and the village public utility commission to upgrade, promote, or enhance groundwater protection, provided they meet the current requirements and approvals of all appropriate governmental agencies.

(Ord. No. 2-2000, § 17.33.4, 1-4-2000)