§ 18-109. Wellhead Protection (WP) Overlay Zoning District.
(a)
Purpose. Residents in the Village of Fontana-on-Geneva Lake depend exclusively on groundwater from groundwater aquifers underlying the village for a safe water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of the WP District is to establish land use regulations and restrictions in order to protect the village's water supply and well fields, and to promote the health, safety and general welfare of the residents of the village. Statutory authority of the village to enact these regulations was established by Wis. Stats. § 62.23(7)(a) and Wis. Stats. § 62.23(7)(c). Under these statutes, the village has the authority to enact the ordinance codified in this chapter, effective within the incorporated areas of the village.
(b)
Definitions.
(1)
Cleanup costs. All costs directly associated with the release of contaminants in violation of this section, including, but not limited to, the cost of any consultants or professionals hired by the village or village employees, the cost of contractors hired by the village or village employees, village costs for oversight, review, documentation and administration of a cleanup effort, and all costs incurred by the village in prosecuting an alleged violation of this chapter or in bringing a court action for injunctive or other legal relief as provided for in this section.
(2)
Discharge. Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a regulated substance into the waters or lands of the state.
(3)
Hazardous chemicals. Chemicals identified by OSHA under 40 CFR Part 370.
(4)
Person. Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency, or an agent or employee thereof.
(5)
Regulated substances. Chemicals and chemical mixtures that are or may be health hazards. 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 by humans or animals are not considered regulated substances. Regulated substances include, but are not limited to the following:
a.
Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, 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 (Mandatory)," and any future amendments thereto.
b.
Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
c.
Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one percent or greater of the composition on a weight per unit weight basis.
d.
Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1 percent or greater of the composition on a weight per unit weight basis.
e.
Ingredients of mixtures prepared within the WP district in cases where such ingredients are health hazards but comprise more than 0.1 percent of the mixture on a weight per unit basis of carcinogenic, or more than 1.0 percent of the mixture on a weight per unit weight basis if noncarcinogenic.
f.
Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids used in equipment for transmission of electric power to homes and businesses).
(c)
Designation of Wellhead Protection Overlay District boundaries. The WP District shall include property located, in whole or in part, in those areas described in Exhibit A, attached to Ordinance No. 10-01-07-01 and incorporated herein by reference, and depicted on the official zoning map for the village.
(d)
Permitted uses. Subject to the limitation on available uses set forth in the underlying, basic zoning district, the following are exclusive permitted uses within the WP District, subject to the separation distances requirement set forth in subsection (h)(3), below:
(1)
Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks.
(2)
Wildlife and natural and woodland areas.
(3)
Biking, hiking, skiing, nature, equestrian and fitness trails.
(4)
Municipally sewered residential development.
(5)
Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons.
(6)
Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances do not exceed 20 gallons or 160 pounds at any time.
(e)
Conditional uses. Subject to the limitation on available uses set forth in the underlying, basic zoning district, the following are conditional uses within the Wellhead Protection Overlay zoning district, subject to the separation distance requirement set forth at subsection (h)(3) herein:
(1)
Nurseries for ornamental plants, green houses, and associated retail sales outlets.
(2)
Pesticide and fertilizer storage and use associated with a permitted use or conditional use.
(3)
Golf courses.
(4)
Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances do not exceed 20 gallons or 160 pounds at any time.
(5)
Subject to the prohibition against underground storage tanks set forth herein, motor vehicle services, including service stations, automobile repair and/or renovation, and automobile body working.
(f)
Conditional use procedure. In addition to those procedures set forth more specifically in section 18-246, any conditional use application for a use listed in this section shall first be submitted for review and an advisory, nonbinding recommendation by the wellhead protection review committee to the plan commission. For purposes of this section, the wellhead protection review committee shall be comprised of the public works director, village engineer, and the village administrator. The wellhead protection review committee may establish written procedures not inconsistent with the terms of this section governing their role in the conditional use process; provided, however, that the following requirements shall be met for all conditional use permits issued for conditional uses listed in this WP District and to be undertaken within the boundaries of the WP District:
(1)
No conditional use permit shall be issued for any conditional use listed in the WP District without first obtaining an advisory recommendation by the wellhead protection review committee.
(2)
The wellhead protection review committee shall make its recommendation within 30 days following receipt of both an application for a conditional use permit and all information deemed necessary by the wellhead protection review committee in order to render a decision.
(g)
Prohibited uses. All uses not otherwise listed as a permitted use in subsection (d), above, or listed as a conditional use pursuant to subsection (e), above, shall be prohibited uses within the WP District, including, but not limited to the following uses:
(1)
Cemeteries.
(2)
Chemical manufacturers.
(3)
Coal storage.
(4)
Industrial lagoons and pits.
(5)
Landfills and any other solid waste facility, except postconsumer recycling.
(6)
Manure and animal waste storage.
(7)
Mining, including sand and gravel pits.
(8)
Pesticide and fertilizer dealership, pesticide and fertilizer transfer facility or pesticide and fertilizer storage facility not incidental to a permitted use or an approved conditional use.
(9)
Railroad yards and maintenance stations.
(10)
Rendering plants and slaughterhouses.
(11)
Salt or deicing material storage.
(12)
Salvage or junk yards.
(13)
Septage or sludge spreading, storage or treatment.
(14)
Septage, wastewater or sewage lagoons.
(15)
Private on-site wastewater treatment systems or holding tanks.
(16)
Stockyards and feedlots.
(17)
Stormwater filtration basins without pretreatment, including vegetative filtration and/or temporary detention.
(18)
Wood preserving operations.
(19)
Underground hydrocarbon, petroleum or hazardous chemical storage tanks.
(20)
Dry cleaners.
(h)
Requirements for existing facilities which may cause or threaten to cause environmental pollution.
(1)
Existing facilities within the WP District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the WisDNR draft or current list of "Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution," Wisconsin Department of Commerce's list of underground storage tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in prohibited uses, subsection (g) above, or a conditional use in subsection (e) above, all of which are incorporated herein as if fully set forth:
a.
Such facilities as listed above cannot engage in or employ a use, activity, or structure listed in prohibited uses, subsection (g), or in conditional uses, (e), which they did not engage in or employ at the time of enactment of a district and can only expand, replace or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity or structure listed as a prohibited use or conditional use shall be expanded, replaced or rebuilt unless a conditional use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.
(2)
Additional regulations within the WP District.
a.
No person shall intentionally or negligently discharge or cause the discharge of a regulated substance within the WP District.
b.
In addition to any reporting requirement imposed by state or federal law, any person with direct knowledge of a spill, leak, or discharge of a regulated substance, within the WP District shall, if such spill, leak, or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the village fire department utilizing the 911 service and give notice to the public works director by telephone within 30 minutes. The notification shall include, at a minimum, the location of the incident, name and telephone number of the contacting party, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken.
c.
Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the village in response to such an incident, in addition to the amount of any fines imposed on account thereof under state and federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.
(3)
Separation distance requirements. The separation distance requirement specified in Wis. Admin. Code Ch. NR 811.16(4)(d), shall be maintained, including, but not limited to the following:
a.
Fifty feet between a well and a storm sewer main.
b.
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 AWWA C600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.
c.
Four hundred feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
d.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the department of commerce or its designated agent under Wis. Admin. Code Comm. § 10.10.
e.
One thousand feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a land spreading facility for spreading petroleum-contaminated soil regulated under Wis. Admin. Code 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 soil absorption units receiving 8,000 gallons per day or more.
f.
One thousand two 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 exceeds Wis. Admin. Code Ch. NR 140 enforcement standards that is shown on the department of commerce's 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 department of commerce or its designated agent under Wis. Admin. Code Comm. § 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
(4)
Excessive use of fertilizer. No agricultural crop production shall apply fertilizer in amounts in excess of soil test recommendations produced by the University of Wisconsin or the University of Wisconsin Extension for that field. Such tests shall account for nutrients from existing crops and manure in determining crop nutrient need.
(i)
Enforcement.
(1)
Penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided by the Village of Fontana Municipal Code.
(2)
Injunction. The village may, in addition to any other remedy, seek an injunction or restraining order against the party alleged to have violated the provisions of this section, the cost of which shall be charged to the defendant in such action.
(3)
Cleanup costs. As a substitute for, or in addition to any other action, the village may commence legal action against both the person who spills, leaks or discharges a regulated substance in violation of this chapter and the owner of the facility whereupon the regulated substance was spilled, leaked or discharged to recover the costs of any alleged violation of this section, together with the costs of prosecution. The person who spills, leaks or discharges such regulated substances in violation of this section and the person who owns the facility whereon the regulated substances have been spilled, leaked or discharged shall be jointly and severally responsible for the cost of cleanup.
(Ord. No. 090412-02, § 1, 9-4-2012)