It is the purpose of this article to ensure a safe and sanitary drinking water supply for the City of Seymour Water Works by the establishment of a well head protection zone surrounding the well head for Well #2 and #3, which is a supply source for the City of Seymour Water Works system, and by designation and regulation of property uses and conditions that may be maintained within such zones.

(Ord. No. 2005-114, § (a), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

This article applies to Well #2 and #3. The regulations specified in this article shall apply within the boundaries of the City of Seymour.

(Ord. No. 2005-114, § (b), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

There is herby established a use district to be known as a well head protection zone, identified and described as all the area within 1,200 feet of the City of Seymour Well #2 and Well #3.

(Ord. No. 2005-114, § (c), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

Well #2 and Well #3 shall be adequately separated from potential sources of contamination. Unless a hydrogeologic investigation indicates lesser separation distances would provide adequate protection of a well from contamination, the minimum separation distances provided shall be:

(1)

Fifty feet between a well and storm sewer main.

(2)

Two hundred feet 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 50 feet.

(3)

Four hundred feet between a well and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day, a cemetery or a storm water drainage pond.

(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 (hereafter Commerce) or its designated agent under § COMM 10.10, Wis. Adm. Code.

(5)

One thousand 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 waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units received 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, wood burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceed 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 of deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from Commerce or its designated agent under § COMM 10.10 Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(Ord. No. 2005-114, § (d), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

The standards in this section, not inconsistent with the provisions of Wis. Stats. § 62.23(7)(h), shall apply to all existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this article.

Nonconforming Use. A nonconforming use may be continue subject to the following conditions:

(1)

No modifications or additions to a nonconforming use shall be permitted unless made in conformity with provisions of this section. For the purposes of this section, the words "modification," in and "addition" shall include, but are not limited to, any alteration, addition, modification, rebuilding or replacement of any such structure or accessory use. Ordinary maintenance is not considered a modification or addition; and include internal or external painting, decorating, paneling and the replacement of windows, doors and other non-structural components.

(2)

If a nonconforming use is discontinued for 12 consecutive months, any future use of the property shall conform with the appropriate provisions of this article.

(3)

A nonconforming use shall provide copies of all federal, state and local reports of on-going environmental monitoring or testing.

(4)

A nonconforming use shall provide environmental procedures or monitoring as deemed necessary by the City of Seymour, which may include but are not limited to storm water runoff management and monitoring.

(5)

Ordinary maintenance shall be done by a nonconforming use in a manner that improved the existing environmental conditions already in existence.

(6)

A nonconforming use shall have the responsibility of filing with the City of Seymour a contingency plan satisfactory to the city, provide immediate notification to the city of any emergency or event that has the potential to cause groundwater contamination.

(7)

In the event the nonconforming use causes the release of any contaminants which endanger the city's groundwater, the activity causing said release shall immediately cease with cleanup satisfactory to the city, including the payment of all cost of cleanup, city consultant fees, and administrative cost for oversight, review and documentation.

(Ord. No. 2005-114, § (e), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

The provisions of this article shall be administered and enforced jointly be the water/wastewater supervisor, director of public works and streets and sanitation committee. They shall examine all applications for building permits for properties within a 1,200-foot radius of a municipal well site with regard to the setback distances established in this article.

(Ord. No. 2005-114, § (f), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

If any provision of this article is invalid or unconstitutional, or if the application of this article is to any person or circumstances is invalid or unconstitutional, such invalidity shall not affect the above provisions or applications of this article which can be given effect without the valid or unconstitutional provision of its application.

(Ord. No. 2005-114, § (g), 11-14-2005; Ord. No. 2005-115, 11-14-2005)

Anyone who violates the provisions of this article shall be subject to forfeiture as provided in this chapter 78. Each day of violation shall be considered a separate offense. In addition, the city shall be entitled to injunctive relief.

(Ord. No. 2005-114, § (h), 11-14-2005; Ord. No. 2005-115, 11-14-2005)