1. PURPOSE AND AUTHORITY. The residents of the City of Waukesha depend exclusively on groundwater for a safe drinking water supply. City residents rely on a public water supply furnished by the City from underground aquifer sources. Certain land use practices and activities can seriously threaten or degrade groundwater aquifer quality, particularly shallow groundwater aquifers. The purpose of this Wellhead Protection Overlay Ordinance is to institute land use regulations and restrictions supplemental to the Zoning Code in order to protect the municipal water supply and well fields and to promote the public health, safety and general welfare of the residents of the City. Statutory authority to enact these zoning restrictions is established under section 62.23(7)(a) and (c) of the Wisconsin Statutes.
2. DEFINITIONS.
   1. "Aquifer." A saturated, permeable geologic formation that contains and will yield significant quantities of water.
   2. "Existing Uses." Uses in existence at the time a Wellhead Protection Overlay District is made applicable to them which violate any of the separation distance requirements set forth under subsections (4)(a) through (f) of this section.
   3. "Hazardous Chemical Storage Tanks." Storage tanks for chemicals identified as hazardous in accordance with OHSA criteria under ch. 29 Code of Federal Regulations section 1910.1200 and subject to the reporting requirements for hazardous chemicals under 40 CFR Part 370.
   4. "Municipal Water Supply." The municipal water supply of the City of Waukesha.
   5. "Person." An individual, partnership, association, corporation, municipality, state agency or other legal entity.
   6. "Water Utility." The Water Utility of the City of Waukesha.
   7. "Well." An excavation or opening into the ground made by digging, boring, drilling, driving, or other methods constructed by or on behalf of the City of Waukesha for the purpose of extracting water from an aquifer to add to the municipal water supply.
   8. "Well Field." A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
3. WELLHEAD PROTECTION OVERLAY DISTRICT. Wellhead Protection Overlay Districts are hereby created as to Well Numbers 11, 12, 13 and any additional Wells constructed after the date this ordinance takes effect. Wellhead Protection Overlay Districts shall encompass a circular area having the Well at its center and extending outward in a twelve hundred (1,200) foot radius therefrom. Boundaries of all Wellhead Protection Overlay Districts shall be shown on the Official Zoning Map of the City of Waukesha.
4. SEPARATION DISTANCE REQUIREMENTS. Potential sources of contamination shall be physically separated from Wells subject to Wellhead Protection Overlay Districts. The following separation distances as specified in Chapter NR section 811.16 of the Wisconsin Administrative Code shall be maintained:
   1. Fifty (50) feet between a well and storm sewer main.
   2. Two hundred (200) 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 (400) 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. (Am. #1-13) Six hundred (600) feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Safety and Professional Services or its designated agent under ch. SPS § 310.10, Wis. Adm. Code.
   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 waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.
   6. (Am. #1-13) Twelve hundred (1,200) 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 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 the Wisconsin Department of Safety and Professional Services or its designated agent under ch. SPS § 310.10, Wis. Adm. Code; bulk fuel storage facilities; buried hazardous chemical storage tanks; and pesticide or fertilizer handling or storage facilities.
5. REQUIREMENTS FOR EXISTING USES.
   1. Existing uses shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and on-going environmental monitoring results to the Water Utility.
   2. Existing uses shall devise, maintain and keep current a contingency plan detailing 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. The contingency plan shall be filed with the Water Utility.
   3. Existing uses shall be treated as nonconforming uses subject to the restrictions on such uses set forth under § 22.61 of this Municipal Code and § 62.23 of the Wisconsin Statutes.
   4. Existing uses shall not engage in or employ a use or activity prohibited within its area of the applicable Wellhead Protection Overlay District which they did not engage in or employ at the time they became an existing use.
6. ENFORCEMENT AND PENALTY.
   1. No structure or property shall be used in violation of any of the provisions of this section. The City may enforce the provisions of this section by a temporary restraining order, injunction, and other such relief as a court may order.
   2. Any person who violates one or more provisions of this section shall be subject to a forfeiture penalty as provided under § 25.05 of this Municipal Code. Each day a violation exists or continues shall be considered a separate offense.

(Cr. #14-09)