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City of New Richmond Ordinance 409

Thursday, July 23, 2009 - 9:54am

ordinance #409


The following section shall be added as follows:

Sec. 121-143 Wellhead Protection District.

(a) Construction of Chapter.

(1). Title. This chapter shall be known, cited and referred to as the "Wellhead Protection Ordinance."

(2). Purpose and authority.

a. The residents of the 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. Statutory authority to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipalities to protect health, safety and welfare. See Wisconsin Statutes Secs. 60.61(1)(2)(g), 60.62 and 62.23(7)(c).

c. Chapter NR 811 of the Wisconsin Administrative Code (Department of Natural Resources), Environmental Protection - Water Supply Regulations, as currently defined in the provisions of Section NR 811.16(4)(d)1 through 6, is adopted by reference and made a part of this ordinance as if set forth in full. A violation of any such rules shall constitute a violation of this section, and any violation of this section shall be as provided in 121-143(d).

(3). Applicability. The regulations specified in this chapter shall apply to the groundwater protection overlay district.

(b) Definitions.

(1). "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 lie 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.

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

(3). "Groundwater protection overlay district" means those areas described within the city's wellhead protection plan. The district is defined as the highlighted portion of the map well head protection zone as a layer on the City of New Richmond Official Map.

(4). "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.

(5). "Time of travel" means the determined or estimated time required for a contaminant to move in the saturated zone from a specific point to the well.

(6). "Wellfield" means a piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

(c) Groundwater protection, overlay district.

(1). Intent. The areas to be protected as districts are that portion of the New Richmond well recharge areas extending to the calculated 5-year fixed radius time or travel or groundwater divide within the city boundary limits and shown on the maps attached (labeled Wellhead Protection Area) hereto. These lands are subject to land use and development restrictions because of their close proximity to the wells and the corresponding high threat of contamination.

(2). Permitted uses. Subject to the exemptions listed in subsection E of this section, the following are the only permitted uses within the district. Uses not listed are to be considered non-permitted uses.

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

b. Playgrounds;

c. Wildlife areas;

d. Non-motorized trails, such as biking, skiing, nature and fitness trails;

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

f. Municipally sewered business development zoned C-1, C-2, I-1 or I-2, except for the following uses:

1. Above-ground storage tanks;

2. Asbestos product sales;

3. Automotive service and repair garages, body shops;

4. Blue printing and photocopying services;

5. Car washes;

6. Equipment repair services;

7. Laundromats and diaper services;

8. Dry cleaning;

9. Gas stations;

10. Holding ponds or lagoons;

11. Nurseries, lawn and garden supply stores;

12. Small engine repair services;

13. Underground storage tanks;

14. Wells, private, production, injection or other;

15. Salt storage including sand/salt combinations;

16. Any other use determined by the New Richmond zoning administrator to be similar in nature to the above listed items.

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

h. All storm drainage shall be retained on-site or discharged to a municipally operated storm drain. If retained on-site, storm water shall be discharged to settling ponds where it will percolate through at least six inches of topsoil. Use of drywells or other subsurface drains for storm water drainage is prohibited.

(3). Separation distances. The following separation distances as specified in Section NR 811.16(4)(d), Wis. Adm. Code, shall be maintained and shall not be exempted as listed in subsection E of this section and shown on the maps attached (labeled WDNR Separation Distances).

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

b. Two hundred (200) feet between a well and any sanitary sewer main, 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 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than fifty (50) feet.

c. 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.

d. 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 Commerce (hereafter commerce) or its designated agent under Section Comm 10.10, Wis. Adm. Code.

e. One thousand (1,000) feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater, lagoons, or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving eight thousand (8,000) gallons per day or more.

f. One thousand two hundred (1,200) feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; coal storage area; gasoline or fuel oil storage tanks that have not received written approval from Commerce or its designated agent under Section Comm 10.10, Wis. Adm. Code; bulk fuel storage facilities and pesticide handling or storage facilities.

(4). Requirements for existing facilities.

a. 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.

b. 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.

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

d. 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.

(5). Exemptions and waivers.

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

b. 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 city and/or designee(s) for recommendation and final decision by the city council.

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

d. 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.

(d) Enforcement.

(1). In the event that an individual and/or facility causes the release of any contaminants which endanger the district, the individual and/or facility causing said release shall immediately stop the release and clean up the release to the satisfaction of the city.

(2). The individual/facility shall be responsible for all costs of cleanup, including all of the following:

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

b. The cost of city employees' time associated in any way with the 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;

c. The cost of city equipment employed;

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

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

(4). Enforcement shall be provided pursuant to Section 11.05 of the code.

This ordinance shall take effect immediately upon passage and publication as provided by law.

Passed and approved: July 13, 2009

Published and effective: July 23, 2009

David Schnitzler, Mayor

ATTEST: Joseph Bjelland, City Clerk/Treasurer