(a)

[Title.] This article of the Village Code of Ordinances shall be referred to as the wellhead protection ordinance.

(b)

Purpose and authority.

(1)

The residents of the Village of Pewaukee rely on a public water supply furnished by the village from underground aquifer sources. Certain land use practices and activities can seriously threaten or impair ground water aquifer quality. The purpose of this wellhead protection ordinance is to institute land use regulations and restrictions supplemental to the Village Zoning Code in order to protect the village municipal water supply and well fields and to promote the public health safety and welfare of the residents of the village.

(2)

These regulations are established pursuant to the authority granted to the village by Wisconsin Legislature through Wis. Stats. § 62.23(7)(c) which specifically includes ground water protection in the statutory authorization for municipal planning and zoning in order to protect the public health safety and welfare.

(c)

Applicability. The regulations specified in this article shall apply within the boundary limits of the wellhead protection area as defined herein.

(Ord. No. 2007-02, § I, 4-17-2007)

(a)

Existing facilities. Existing facilities which may cause or threaten to cause environmental pollution to the recharge area of a well which include, but are not limited to, the Wisconsin Department of Commence draft list of inventory sites or facilities which may cause or threaten to cause environmental pollution; department of industry, labor and human relations list of underground storage tanks; and any facilities with hazardous solid waste permits.

(b)

Wellhead protection area. Those areas defined and adopted pursuant to Wisconsin Administrative Code Section NR811.16(5) and as approved by the village board of the Village of Pewaukee.

(c)

Recharge area. The geographic area within which ground water reaches the zone of saturation by surface infiltration and supplies ground water to a well.

(Ord. No. 2007-02, § I, 4-17-2007)

(a)

Intent. The area to be protected includes the land used primarily for the purpose of supplying a location for construction of wells to supply municipal water system along with that portion of the recharge area for the Village of Pewaukee municipal well number six with a minimum radius of 1,200 feet around the well or a distance equivalent to the five-year time of travel which is the time required for a contaminant to move in the saturated zone from a specific point in the recharge area to a well measured through a modeling system approved by the village engineer/DPW director, whichever is greater. This land area is subject to land use and development restrictions because of the close proximity of such uses to the well field and the corresponding threat of contamination.

(b)

Permitted uses. Subject to the exemptions listed in this article, the following are the only permitted uses within the wellhead protection area. Uses not specifically listed are prohibited unless special permission is granted as provided for under this article:

(1)

Parks, provided there is no onsite waste disposal or fuel storage tank facilities associated with its use.

(2)

Playgrounds.

(3)

Open space or conservancy areas.

(4)

Trail use for non-motorized conveyance such as biking, skiing, nature and fitness trails.

(5)

Municipally sewered residential development, free of flammable and combustible liquid underground storage tanks.

(6)

Agricultural uses in accordance with the county soil conservation department's best management practices guidelines.

(c)

Special exceptions. The following separation distances as specified in Wisconsin Administrative Code NR 811 as amended shall be maintained unless otherwise approved in writing by the Wisconsin Department of Natural Resources.

(1)

Fifty feet between a well and a storm sewer main.

(2)

Two hundred feet between a well and any sanitary sewer main, lift station or a 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 AWWA 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.

(3)

Four hundred feet between a well and a septic system, tank, leach bed or mound system receiving less than 8,000 gallons per day or a cemetery or a storm water drainage pond unless otherwise exempted by the State of Wisconsin Department of Natural Resources.

(4)

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.

(5)

One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater, lagoons or storage structures; manure stacks or storage structures; and septic tanks or soils absorption units receiving 8,000 gallons per day or more.

(6)

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; coal storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Commerce or its designated agent; bulk fuel storage facilities and pesticide handling or storage facilities.

(d)

Requirements for pre-existing uses and facilities which conflict with the uses and special exception uses referred to in subsections (b) and (c) above.

(1)

Existing uses and facilities shall provide copies of all federal, state and local operation approvals or certificates and ongoing environmental monitoring results to the village director of public works.

(2)

Existing uses and facilities shall provide additional environmental or safety structures as may be required by the village, monitoring them as deemed necessary by the village, which may include, but are not limited to, stormwater runoff management and monitoring.

(3)

Existing uses and facilities shall have the responsibility of devising 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 as well as the plan of remediation for the discharge of contaminants or environmental spill.

(e)

Exemptions and waivers. Individual uses and/or facilities may request in writing that the village permit additional land uses in the wellhead protection area. All such requests shall be in writing. The village may require an environmental assessment report prepared by a licensed environmental engineer to support the requested use. Said report shall be forwarded to the village and/or designee for recommendation and final decision by the village board. The individual uses and/or facility shall reimburse the village for all consultant fees associated with this review plus administrative costs. Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with applicable regulations as well as letters of credit, bonds or other financial securities satisfactory to the village.

(f)

Nonconforming uses. Pre-existing legal uses and structures which are not in conformity with the provisions of this article may be continued subject to the following. No modifications or additions to a nonconforming use or structure shall be permitted unless they are made in conformity with the provisions of this section and this zoning code. For the purpose of this section, the words "modification" and "addition" shall include but not be 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, modification or additions. 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.

(Ord. No. 2007-02, § I, 4-17-2007)

In the event that an individual use or facility causes the release of any contaminants which endanger or contaminate the wellhead protection area and/or jeopardize the use of the well for potable water purposes, the individual and/or facility causing said release shall notify the village and immediately cease any activity which caused or contributed to the discharge of the contaminants or which in any way may exacerbate the extent or scope of the discharge and promptly contain and cleanup the contamination on the site in a timely fashion satisfactory to the village. The individual use or facility responsible for the discharge and the property owner shall be jointly and severally liable for all costs of cleanup as well as village consultant fees at the invoiced amount, plus administrative costs for oversight, review and documentation, assessment and monitoring, and the cost of village employees associated in any way with cleanup or the monitoring of the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the village representing the village's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and similar benefits. The individual use or facility shall also be responsible for the cost of village equipment employed and the cost of mileage reimbursed to village employees attributed to the cleanup and the village's actual cost for any consumable supplies which may be utilized in the monitoring assessment or remediation of any discharge. Following any such discharge, the village may require additional testing, monitoring and/or letters of credit, bonds or other securities to ensure the successful completion of cleanup at the site. In addition to any other remedy provided for under this article, the violation shall be subject to enforcement as provided for in this Code and/or actions for injunctive relief in a court of competent jurisdiction.

(Ord. No. 2007-02, § I, 4-17-2007)