The wellhead protection district shall be an overlay district. This wellhead protection district is being created to institute land use regulations and restrictions to protect the city's groundwater aquifer and municipal water supply, and to promote the health, safety and general welfare of the residents of the city. All the requirements of the underlying district shall remain in effect.

(Ord. No. 1430, 7-22-2013)

The ordinance codified in this chapter is adopted pursuant to the authorization in Section 62.23, 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.

(Ord. No. 1430, 7-22-2013)

City residents 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 to promote the health, safety and general welfare of the residents of the city.

(Ord. No. 1430, 7-22-2013)

The ordinance codified in this chapter shall be known as the Wellhead Protection Ordinance for Ripon, Wisconsin.

(Ord. No. 1430, 7-22-2013)

Uses within either wellhead protection overlay district shall maintain the following minimum separation distances as specified in Chapter NR 811.12(5), Wisconsin Administrative Code:

A.

Fifty feet between a 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.

B.

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

C.

Three hundred feet between a 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 SPS 310.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under SPS 310.110, Wis. Admin. Code. 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.

D.

Three hundred feet between a 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 Comm 10.260, Wis. Admin. Code, and receive written approval from the department of commerce or its designated local program operator under Comm 10.110, Wis. Admin. Code. 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.

E.

Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than twelve thousand gallons per day, a cemetery or a stormwater retention or detention pond.

F.

Six hundred feet between a 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; 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 SPS 310.260 and receive written approval from the department of safety and professional services or its designated local program operator under SPS 310.110. 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.

G.

One thousand feet between a 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 state administrative regulations 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 twelve thousand gallons per day or more.

H.

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; 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 SPS 310.110, Wis. Admin. Code, for a single wall tank installation. 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; and bulk pesticide or fertilizer handling or storage facilities.

(Ord. No. 1430, 7-22-2013)

A.

Areas to Be Regulated. This chapter regulates the area surrounding each municipal water supply well that has been designated as a wellhead protection area by a wellhead protection plan that has been completed in accordance with Chapter NR 911.12(6), Wisconsin Administrative Code, for wellhead protection planning, and adopted by the City of Ripon Common Council.

NOTE: Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the pumping well.

B.

Official Maps and Revisions. The boundaries of all wellhead protection districts are designated as wellhead protection areas approved by the DNR. These maps are on file in the office of the city administrator, City of Ripon.

1.

Wellhead protection areas map found in the City of Ripon Wellhead Protection Plan dated July 2012.

C.

Establishment of Districts. The wellhead protection areas are divided into two districts as follows:

1.

Zone 1—Wellhead protection area considers the one-year time of travel zone of contribution for each well and normalized to convenient political and natural boundaries. Due to the short amount of time it takes groundwater in this zone to reach a well, land use restrictions are the strongest.

2.

Zone 2—Wellhead protection area considers the five-year time of travel zone of contribution for each well and normalized to convenient political and natural boundaries. Due to the longer flow times and a greater potential for remediation, dilution and attenuation of contaminants before groundwater reaches a well, land use restrictions are less restrictive in zone 2 than zone 1.

D.

Compliance. Any development or use within the areas regulated by this chapter, wellhead protection shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.

E.

Zone 1 Prohibited Uses. These uses have been identified as having an increased risk of groundwater contaminations. Prohibiting these uses reduces the potential that inadvertent discharge of pollutants into the ground water supply will occur.

1.

Areas for dumping or disposing of garbage, refuse, trash or demolition material.

2.

Asphalt products manufacturing plants.

3.

Automobile service stations.

4.

Building materials and products sales.

5.

Cartage and express facilities.

6.

Cemeteries.

7.

Chemical storage, sale, in the aggregate of five hundred gallons or more, processing or manufacturing plants.

8.

Dry-cleaning establishments.

9.

Electronic circuit assembly plants.

10.

Electroplating plants.

11.

Exterminating shops.

12.

Fertilizer manufacturing or storage plants.

13.

Foundries and forge plants.

14.

Garages for repair and servicing of motor vehicles, including body repair, painting or engine rebuilding.

15.

Highway salt storage areas.

16.

Industrial liquid waste storage areas.

17.

Junkyards and auto graveyards.

18.

Metal reduction and refinement plants.

19.

Mining operations.

20.

Motor and machinery service and assembly shops.

21.

Motor freight terminals.

22.

Pain products manufacturing.

23.

Petroleum products storage or processing.

24.

Plastics manufacturing.

25.

Printing and publishing establishments.

26.

Pulp and paper manufacturing.

27.

Septage disposal sites.

28.

Sludge disposal sites.

29.

Storage, manufacturing or disposal of toxic or hazardous materials.

30.

Underground petroleum products storage tanks for industrial, commercial, residential or other uses.

31.

Woodworking and wood products manufacturing.

32.

Wells, private, production, injection or other, except those that meet Chapter 10.24 of this code.

33.

Any other use determined by the city council to be similar in nature to the above listed items or a threat to the city water supply.

F.

Zone 2 Prohibited Uses. These uses have been identified as having an increased risk of groundwater contaminations. Prohibiting these uses reduces the potential that inadvertent discharge of pollutants into the ground water supply will occur.

1.

Wells, private, production, injection or other, except those that meet Chapter 10.24 of this code.

2.

Animal waste storage areas and facilities.

3.

Junk/recycling yards, motor vehicle salvage yards.

4.

Landfills, areas for dumping or disposal of garbage, refuse, trash or demolition material.

5.

Septage and municipal sewage sludge disposal sites.

6.

Mining operations of any kind.

7.

Cemeteries.

8.

Any other use determined by the city council to be similar in nature to the above listed items or a threat to the city water supply.

G.

Variances. Persons wishing to engage in any of the prohibited uses within the wellhead protection overlay district may file with the city clerk an application for a variance in accordance with Section 20.06.016 of this code.

H.

Standards for Variances. When evaluating variance requests, the city council shall take into consideration all of the following:

1.

The city's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.

2.

The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality.

3.

The economic hardship which may be faced by the landowner if the application is denied.

4.

The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.

5.

The proximity of the applicant's property to other potential sources of contamination.

6.

The then existing condition of the city's groundwater public water well(s), and the vulnerability to further contamination.

7.

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

8.

Any other hydrogeological data or information which is available from any public or private agency or organization.

9.

The potential benefit, both economic and social, from the approval of the applicant's request for a permit.

I.

Conditions Which the City Council May Require. Upon granting a variance, the city council may stipulate conditions and restrictions, including but not limited to the following:

1.

A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The village may require an application to install one or more groundwater monitoring well(s), at the expense of the applicant;

2.

The establishment of safety structures to prevent groundwater contamination;

3.

The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination;

4.

Written policies and procedures for reporting and cleaning up any spill of a hazardous material;

5.

The provision of copies of all federal, state and local facility operation approval or certificates, and ongoing environmental monitoring results to the village.

6.

A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination;

7.

Bonds and/or securities satisfactory to the village for future monitoring and cleanup costs if groundwater contamination occurs in the future.

J.

Transfers of Interest in Property. Variances issued within the wellhead protection district are non-transferable to successor owners of the property.

K.

Existing Nonconforming Uses. Nonconforming uses lawfully in existence within the wellhead protection district at the adoption of the ordinance creating this district may continue to exist in the form and scope in which they existed at that time subject to the following provisions:

1.

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificate and ongoing environmental monitoring results to the city upon request.

2.

Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

3.

In the event a lawful nonconforming use poses a direct hazard to the city public water supply, the city may take any action permitted by law to abate the hazard.

4.

Existing facilities shall have the responsibility of devising and/or filing with the city a contingency plan satisfactory to the plan commission for the immediate notification of the appropriate city officers in the event of an emergency.

L.

Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(Ord. No. 1430, 7-22-2013)