A.

The residents of the City of River Falls (hereafter city) 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 municipal water supply and wells, and to promote the public health, safety and general welfare of the residents of the city.

B.

These regulations are established pursuant to the authority granted to cities by Sections 62.11(5) and 62.23(7), Wis. Stats., and by the Department of Natural Resources pursuant to Wis. Adm. Code Ch. NR 811.

(Ord. No. 2016-05, § 2, 5-24-2016)

A.

The regulations of this chapter shall apply to those areas of the city that lie within one or more of the wellhead protection zones (WHPZ), which have been designated for municipal wells within the corporate limits.

B.

Each WHPZ shall be shown on the official city zoning map. A detailed map together with the report of the zones and zoning districts underlying each WHPZ shall be kept at the office of the city clerk, available for public inspection during office hours.

(Ord. No. 2016-05, § 2, 5-24-2016)

"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 divide" means a ridge in the water table or the potentiometric surface from which ground water flows away at right angles in both directions. A groundwater divide is represented by the line of highest hydraulic head in the water table or potentiometric surface.

"Groundwater protection overlay district" means that area described within the city's wellhead protection plan. See the official zoning map for location.

"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" 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" 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. No. 2016-05, § 2, 5-24-2016)

The following described groundwater protection overlay district shall be created for the purposes of this ordinance, to be composed of three sub districts, designated as zones "A.", "B," and "C."

A.

Intent. The areas to be protected as WHPZ districts A, B, and C constitute portions of the River Falls well recharge areas within the city limits and shown by their largest extent on the official zoning map, as amended from time to time. These lands are subject to land use and development restrictions because of their close proximity to city wells and corresponding threats of contamination thereto.

B.

Permitted Uses—Zone A. Subject to the exemptions listed in subsection G of this section, the following are the only permitted uses within the district. Uses not listed are to be considered non-permitted uses.

1.

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

2.

Playgrounds;

3.

Wildlife areas;

4.

Trails, such as biking, skiing, nature and fitness trails;

5.

Rain barrels;

6.

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

7.

Municipally sewered business development zoned B-1, B-2, or B-3, except for the following uses:

a.

Above ground storage tanks;

b.

Asbestos product sales;

c.

Automotive service and repair garages, body shops;

d.

Blue printing and photocopying services;

e.

Car washes;

f.

Equipment repair services;

g.

Laundromats and diaper services;

h.

Dry cleaning;

i.

Gas stations;

j.

Holding ponds or lagoons;

k.

Nurseries, lawn and garden supply stores;

l.

Small engine repair services;

m.

Underground storage tanks;

n.

Wells, private, production, injection or other;

o.

Salt storage including sand/salt combinations;

p.

Any other use determined by the River Falls Utilities Director to be similar in nature to the above listed items.

8.

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

9.

All storm drainage shall be discharged to a municipally operated storm drain. Use of drywells or other subsurface drains for storm water drainage is prohibited.

C.

Permitted Uses—Zone B.

1.

All uses listed as permitted in Zone A.

2.

Storm water drainage ponds consistent with city storm water regulations.

D.

Permitted Uses—Zone C.

1.

All uses listed as permitted in Zones A and B.

2.

Gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Agriculture, Trade and Consumer Protection (hereafter ATCP) or its designated agent under Section ATCP 93.100, Wis. Adm. Code.

E.

Separation Distances. The following separation distances as specified in Section. NR 811.12(5)(d), Wis. Adm. Code, shall be maintained and shall not be exempted as listed in subsection G of this section.

1.

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

2.

Two hundred (200) feet between a well and any sanitary sewer main, sanitary sewer manhole, 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 C600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than fifty (50) feet.

3.

Four hundred (400) feet between a well and a septic system, tank, or drain field, and receiving less than eight thousand (8,000) gallons per day, a cemetery or a storm water drainage pond. This distance corresponds with Zone A referenced above.

4.

Six hundred (600) feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from ATCP or its designated agent under Section ATCP 93.100, Wis. Adm. Code. This distance corresponds with Zone B referenced above.

5.

One thousand (1,000) feet between a well and land application of municipal, commercial or industrial waste; boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under ch. NR 718 while that facility is in operation; industrial, commercial or municipal wastewater, lagoons or storage structures; manure stacks or storage structures; and septic tanks or soils absorption units receiving eight thousand (8,000) gallons per day or more.

6.

One thousand two hundred (1,200) 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; any property with residual groundwater contamination that exceeds ch. NR 140 enforcement standards that is shown on the Department of Natural Resources' geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from ATCP or its designated agent under Section ATCP 93.100, Wis. Adm. Code; bulk fuel storage facilities and pesticide or fertilizer handling or storage facilities. This distance, in addition to any of the five-year time of travel beyond this distance, corresponds with Zone C referenced above.

F.

Requirements for Existing Facilities.

1.

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

2.

Existing facilities shall provide additional environmental or safety structures/monitoring as deemed necessary by the city, which may include but is not limited to storm water runoff management and monitoring.

3.

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

4.

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

G.

Exemptions and Waivers.

1.

Individuals and/or facilities may request the city in writing, to permit additional land uses in the district.

2.

All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the city and may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the utilities director for review and recommendation of the utility advisory board and plan Commission, subject to a final decision by the common council.

3.

The individual/facility shall reimburse the city for all consultant fees associated with this review at the invoiced amount plus administrative costs.

4.

Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the city.

(Ord. No. 2016-05, § 2, 5-24-2016)

A.

In the event that any person shall cause or permit the release of any contaminants upon land within the district that endangers the municipal water supply, the person so causing or permitting the discharge shall immediately stop the release and shall clean up the release to the satisfaction of the city.

B.

Any person who shall cause or permit the release of any contaminants upon land within the district shall be responsible for all costs of cleanup, including all of the following:

1.

City consultant fees at the invoice amount plus administrative costs for oversight, review and documentation;

2.

The cost of city employees' time associated in any way with cleanup 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;

3.

The cost of city equipment employed;

4.

The cost of mileage reimbursed to city employees attributed to the cleanup;

C.

Following any such discharge the city may require additional test monitoring and/or bonds/securities.

D.

Enforcement shall be as provided in Chapter 17.104.

(Ord. No. 2016-05, § 2, 5-24-2016)