(1)

Purpose and authority. The residents and businesses of Sturgeon Bay depend exclusively on groundwater for a safe and reliable potable water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to provide land use regulations and restrictions to protect the municipal water supply from potential sources of contamination. Statutory authority of the city to enact these regulations is established in the Wisconsin Legislature in §§ 63.23(7)(a) and (c), Wis. Stats. Under these statutes, the city has the authority to enact this ordinance, effective in the wellhead zones of contribution identified in subsection (4).

(2)

Intent. It is the intent of this section is to provide a method to protect the city's drinking water supply from potential impacts by facilities that store, handle, treat, use or produce substances that pose a hazard to groundwater quality.

(3)

Administration. Except as otherwise provided herein, the utility commission shall administer, implement and enforce the provisions of this section. Any powers granted to or duties imposed upon the utility commission may be delegated by the commission to other utility personnel.

(4)

Applicability.

(a)

The regulations of this section shall apply to the lands that lie both within the zones of contribution to the Sturgeon Bay municipal wells and also within the city corporate limits as depicted in Exhibit 1.

(b)

Exemptions. The following are exempt from the requirements of this section.

1.

The storage and handling of regulated substances for resale in their original unopened individual containers of five gallons or 40 pounds or less.

2.

Minimal usage of regulated substances. Facilities that use, store, or handle regulated substances in quantities of five gallons or 40 pounds or less of any one regulated substance, and in aggregate quantities of 20 gallons or 160 pounds or less of all regulated substances.

3.

Single family residences provided that no home business is operated on the premises.

4.

Public interest emergency use and storage of regulated substances.

5.

Regulated substances used by or for the utility in water or wastewater treatment processes.

6.

Fueling of equipment not licensed for street use, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage or other violations of this section.

7.

Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.

8.

Existing heating systems using fuel oil.

9.

Cleanups, monitoring and/or studies undertaken under supervision of state regulatory agencies or the United States Environmental Protection Agency.

(5)

Definitions. Except as stated in this section, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this section shall be the same as those used in the Wisconsin State Statute Groundwater Protection Standards, and the Wisconsin Administrative Code, NR 811.02, as amended from time to time.

Aquifer means saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs or streams under ordinary hydraulic gradients.

Facility means any building, structure, installation, equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed or otherwise come to be located.

Groundwater means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.

Municipal water supply means the public water supply serving the city.

Person means any person, individual, public or private corporation, firm, association, joint venture, trust, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenants, or any other entity whatsoever or any combination of such, jointly or severally, including limited liability companies and limited partnerships.

Regulated substances means those chemicals and chemical mixtures that are health hazards except for products registered as pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Health hazards for chemicals and chemical mixtures are typically identified on material safety data sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption for humans or animals are not considered regulated substances. Regulated substances include: chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic agents, irritants, corrosives, sensitizers, hepatoxins; agents that act on the hematopoietic system; reproductive toxins; and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard" Definitions; mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard; mixtures of chemicals which include a carcinogen; petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission and distribution of electric power to homes and businesses).

Regulated use means land use or development that either by design or operation requires additional technical or regulatory review and permitting in order to exist within defined areas of the wellhead protection areas

Utility means Sturgeon Bay Utilities.

Utility commission or commission means the Sturgeon Bay Utilities Commission

Well means any excavation that is drilled, cored, bored, driven, dug, fitted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge or acquisition of groundwater.

Wellhead protection area (WPA) means those lands that lie within the zone of contribution of the city municipal wells and which also lay within the city corporate limits.

Zone of contribution means those areas identified as contributing source water to the municipal water supply.

(6)

Allowable uses. Any use that is allowed under the applicable regulations and requirements of this chapter is permitted in the WPA, subject to regulated use requirements and applicable design and operational standards.

(7)

Regulated uses. The following uses and activities undertaken after enactment shall require a regulated use permit according to the provisions in subsection (9), below, unless exempted in subsection (4)(b):

(a)

Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals identified by OSHA criteria under 40 CFR Part 370.)

(b)

Chemical manufacturers.

(c)

Dry cleaners.

(d)

Landfills or any other solid waste facility.

(e)

Manure and animal waste storage.

(f)

Mining including sand and gravel pits.

(g)

Pesticide and fertilizer dealer, transfer or storage facilities.

(h)

Rendering plants and slaughter houses.

(i)

Salt or deicing material storage.

(j)

Septage, manure or non-stabilized sludge spreading, storage or treatment.

(k)

Salvage or junk yards.

(l)

Private on-site wastewater treatment systems and/or holding tanks receiving more than 12,000 gallons per day.

(m)

Private high capacity water wells.

(n)

Storm water infiltration basins.

(o)

Wood preserving operations.

(p)

Facilities whose aggregate use, storage, handling and/or production of regulated substances exceeds 20 gallons or 160 pounds at any time.

(8)

Classification of use. Classification of a use as being allowable or regulated shall be determined by the utility. In instances where there is uncertainty to the proper classification, the utility may request additional information from the person responsible for the operation of the facility including but not limited to details of use, activities and structures proposed along with the quantities, use of, storage and handling of all regulated substances.

(9)

Regulated use permits. Any person may request a regulated use permit for certain new or expanded uses, activities and structures within the WPA that are regulated in subsection (7).

(a)

Application. All requests for a regulated use permit shall be submitted in writing to the utility commission on a form provided by the utility for a review of permit application materials. Application shall include, as applicable, site plan, operational plan, contingency/emergency response plan, and other materials necessary to determine compliance with the provisions of this ordinance.

(b)

Determination. The utility commission shall have the authority to approve or deny a regulated use permit application. The determination shall be made within 60 days of submission of all application materials required, unless an extension is mutually agreed upon by the applicant and utility.

(c)

Required provisions. All regulated use permits granted shall be subject to provisions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply. These provisions shall include, but not be limited to:

1.

Establish environmental and operations plan to include an operational safety plan, material process and containment, operations monitoring, best management practices, and storm water run-off management.

2.

Prepare, file and maintain a current contingency plan which details the response to any emergency that occurs at the facility. Provide a current copy to the utility.

(d)

Appeal. An applicant that is denied a regulated use permit may submit an appeal to the zoning board of appeals.

(10)

Design and operational standards for new or expanded facilities.

(a)

The following design and operational standards shall apply to permitted and regulated land use activities within the WPA:

1.

All parking lots shall be paved with asphalt or concrete.

2.

All storm water conveyance shall be via a swale lined with an appropriate impervious material or a watertight storm sewer pipe.

3.

Facilities that handle regulated substances shall have a minimum of one loading/unloading area designated for the handling of regulated substances. The designated loading/unloading area shall be designed with spill and/or runoff containment that is connected to a municipal sanitary sewer system. The loading/unloading area shall be designed to minimize precipitation or storm water runoff from entering the sanitary sewer. Regulated substances may be loaded or unloaded only in a designated handling area.

4.

Storage areas for regulated substances shall de designed with secondary containment capable of controlling 150 percent of the maximum design capacity of the storage area.

5.

Regulated substances associated with paving, pouring of concrete, or construction activities may be handled in the WPA provided such permitted regulated substances do not pose a real and present danger of contaminating surface and/or groundwater. For the onsite storage of fuel for vehicles and other equipment, which may be associated with such construction activity, the fuel storage containers shall be secondarily contained. Regulated substances not used in the construction process and all wastes generated during construction shall be removed from the construction site not later than at the time of the completion of the construction. If construction activity has ceased for 30 days, all regulated substances shall be removed from the site until such time as the construction activity is to resume.

6.

Except in the case of seasonal discontinuation of operation, the owner or operator of any non-residential property that becomes unoccupied or has discontinued operation for a period of 30 consecutive days shall remove all regulated substances from the property. The owner or operator shall secure the regulated substances on the property until they have been removed.

7.

No truck, truck trailer, or tank truck shall be used for the onsite storage of regulated substances. Regulated substances shall be transferred from the delivery vehicle to the regulated substance storage area as soon as possible.

(b)

The following separation distances between any public well and potential contaminant sources as specified in NR 811.16, Wis. Adm. Code shall be maintained:

1.

Storm sewer main. 50 feet.

2.

Sanitary sewer main, manhole, or lift station. 200 feet. A lesser separation distance may be allowed for sanitary sewer mains where the main is constructed of water main materials and joints and pressure tested to meet current American Water Works Association (AWWA) specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.

3.

Single or two family residential fuel tank. 200 feet.

4.

Septic tank or soil absorption unit receiving less than 12,000 gallons per day. 400 feet.

5.

Gasoline or fuel storage installation that has received written approval from the Wisconsin Department of Commerce under § Comm. 10.10, Wis. Adm. Code. 600 feet.

6.

Cemetery. 400 feet.

7.

Septic tank or absorption unit receiving more than 12,000 gallons per day. 1,000 feet.

8.

Salt or deicing storage facility. 1,200 feet.

(11)

Requirements for existing facilities. Existing facilities within the WPA at the time of enactment which use, store, handle or produce a regulated substance(s) in excess of the quantities outlined in subsection (7) and all other facilities which are considered a regulated use in subsection (7), shall be subject to the following requirements:

(a)

Such facilities as defined above which exist within the WPA at the time of the enactment of the wellhead protection requirements shall have the responsibility of devising, filing and maintaining, with the utility, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.

(b)

Such facilities as defined above cannot engage in or employ a use, activity, or structure listed in regulated uses, which they did not engage in or employ at the time of the enactment of the WPA.

(c)

No existing use, activity or structure listed as regulated use shall be expanded, replaced in kind, or rebuilt unless a regulated use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.

(12)

Enforcement. The utility shall have the authority to administer and enforce the provisions of this section by order, and may obtain injunctive relief if deemed appropriate to terminate any continuing violation.

(a)

Inspections. The utility shall have the right to conduct inspections of facilities at reasonable times to determine compliance with this section.

(b)

Permit revocation. The utility may revoke any permit issued pursuant to this section after notice to the permittee is provided that the permittee has:

1.

Failed to comply with any provision of this section.

2.

Submitted false or inaccurate information in a permit application.

3.

Refused lawful inspection.

4.

Failed to address a notice of violation within the proper time frame.

(13)

Notice of violation. /i> Whenever it is determined that there is a violation of this section, the notice of violation shall:

(a)

Be in writing and delivered to the responsible party by regular mail.

(b)

Specify the violation or violations.

(c)

Specify the length of time allowed to correct the violation from the date of the notice of violation.

(14)

Penalties. Any person who violates any provision of this section shall be subject to a penalty as provided in section 25.04. In addition, any person who violates any provision of this section shall be responsible for any fees and costs incurred by the utility in obtaining injunctive relief as outlined in subsection (12).

(Ord. No. 1276-0612, § 1, 6-19-12)