2014-557 ORDINANCE NO. 2014-557
An ordinance amending Janesville 's Well Head Zoning Ordinance with penalties and other relief
for penalties thereof as set forth in JGO 18.36.070 and 18.28.010
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 18.36.070 A. b. 4. Of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
18.36.070 Overlay Supplemental Districts.
4. W - Well Head Protection Overlay District
a. Intent and Purpose. The residents of the City of Janesville
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 the
Wellhead Protection Overlay District is to institute land use regulations and restrictions to
protect the municipal water supply and wells, and to promote the public health, safety and
general welfare of the residents of the City.
b. Definitions.
i. EXISTING FACILITIES - "Existing facilities" means
current facilities, practices and activities which may cause or threaten to cause environmental
pollution within that portion of the wellhead protection areadistrict that lies within the corporate
limits of the City.
ii. GROUNDWATER PROTECTION OVERLAY
DISTRICT - "Groundwater protection overlay district" means that area described within the
water utility's wellhead protection plan. A copy of the wellhead protection plan can be obtained
from the Water Utility.
iii. TIME OF TRAVEL - "Time of travel" means the
determined or estimated time required for a contaminant to move in the saturated zone from a
specific point to a well.
c. Designation of Well Head Protection Districts
i. The area to be protected as a District is that portion of the
water utility's well recharge arms representing a land encompassed by the composite of the
delineated 5 year time of travel to the well and a radius of 1,200 feet surrounding
the a City of Janesville municipal water supply well head:, except at Well 6, which is used
infrequently, and is located immediately adjacent to the Rock River, a potential hydraulic
boundary. At Well 6, the area to be protected is the portion of the land encompassed by the
delineated 5 year time of travel to the well. These lands are subject to land use and development
restrictions because of their close proximity to the wells and the corresponding threat of
contamination. The well head protection districts shall be defined by a well head protection plan
developed for each municipal water supply well by the City of Janesville Water Utility and as
approved by the Wisconsin Department of Natural Resources.
I. The well head protection districts for Well No. 12
- .. - - .. . . . . • . • • , ! ! .. .. . .. .. . - - - . . for the City of
Janesville municipal water supply wells 5,6,7,8,10 and 12 are illustrated on Figure 3 -7.
II. The well head protection districts for Well No. 1'1
- .. - - .. . . . • . • - , , ! ! .. .. • . . .... . - - . - . for the City
of Janesville municipal water supply wells 9 and 14 are illustrated on Figure 3 -8.
d. PERMITTED USES. Subject to the exemptions listed in section
(3)(h), the following are the only permitted uses within the DISTRICT.
i. Parks, open space and public recreational facilities
provided there is no on -site waste disposal or fuel storage tank facilities associated with this use.
ii. Playgrounds.
iii. Wildlife areas.
iv. Non - motorized trails, such as biking, skiing, nature and
fitness trails.
v. Municipally sewered residential development, and other
permitted uses in the residence district, free of flammable and combustible liquid underground
storage tanks.
vi. Municipally sewered office, business and industrial
development zoned 01, 03, B -1, B -2, B -3, B4, BT, M1, and M2 except for the uses listed below,
which are subject to the provisions outlined in section (3)(d)(vii).
I. Above ground storage tanks.
II. Asbestos product sales.
III. Automotive service and repair garages, body shops.
IV. Blue printing and photocopying services.
V. Car washes.
VI. Laundromats and diaper services.
VII. Dry cleaning.
VIII. Chemical Manufacturing.
IX. Gas stations.
X. Holding ponds or lagoons.
XI. Infiltration ponds.
XII. Nurseries, lawn and garden supply stores.
XIII. Small engine repair services.
XIV. Underground storage tanks.
XV. Wells, private, production, injection or other.
XVI. Any other use determined by the Planning Director
to be similar in nature to the above listed items.
vii. Expansion or establishment of those activities listed above
in Section (d)(vi) shall require the submittal of a site plan for review and approval by the Site
Plan Review Coordinator and the Water Utility Director prior to the establishment of said uses.
If the Site Plan Review Coordinator and Water Utility
Director deny or conditionally approves a site plan and the applicant disagrees with such
decision, the applicant may appeal such denial or condition to the Plan Commission. Such an
appeal shall be signed and filed in writing with the Planning Department within thirty (30) days
following the Site Plan Review Coordinator and Water Utility Director's determination or be
forever barred. The Plan Commission may affirm, overrule or modify a decision of the Site Plan
Review Coordinator and the Water Utility Director. The Plan Commission may impose
conditions on the establishment of such uses including but not limited to an annual monitoring of
such uses as may be appropriate and as they deem necessary to preserve the well head protection
afeadistrict.
viii. Agricultural uses in accordance with the county soil
conservation department's best management practices guidelines.
e. CONDITIONAL USES. None, except as provided in the
underlying zoning district.
f. SEPARATION DISTANCES. The following separation distances
as specified in s. NR 811.162(45)(d), Wis. Adm. Code, shall be maintained and shall not be
exempted as listed in section (3)(h).
i. Ten feet between a well and an emergency or standby
power system that is operated by the same facility which operates the well and has a double wall
above ground storage tank with continuous electronic interstitial leakage monitoring. These
facilities shall meet the installation requirements of s. SPS 310.260 and receive written approval
from the department of safety and professional services or its designated Local Program
Operator under s. SPS 310.110.
ii. Fifty feet between a well and a storm sewer main or a
sanitary sewer main where the sanitary sewer main is constructed of water main class materials
and joints. Gravity sanitary sewers shall be successfully air pressure teated inplace. The air
pressure test shall meet or exceed the requirements of the 4 psi low pressure air test for plastic
gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water
Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet
the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump
shut -off head.
iii. Two hundred feet between a well and any sanitary sewer
main not constructed of water main class materials, sanitary sewer manhole, lift station, one or 2
family residential heating fuel oil underground storage tank or above ground storage tank or
POWTS treatment tank or holding tank component and associated piping. lift station or a single
sewer main be less than 50 feet.
iv. FeufThree hundred feet between a well and any farm
underground storage tank system or underground storage tank with double wall and with
electronic interstitial monitoring for the system, which means the tank and any piping connected
to it. These installations shall meet the most restrictive installation requirements of s.SPS
310.260 and receive written approval from the department of safety and professional services or
its designated Local Program Operator under s. SPS 310.110. These requirements apply to tanks
containing gasoline, diesel, bio- diesel, ethanol, other alternative fuel, fuel oil, petroleum product,
motor oil, burner fuel, lubricant, waste oil, or hazardous substances. a septic systcm, tank, or
.. . -
v. Six Three hundred feet between a well and any farm above
ground storage tank with double wall, or single wall tank with other secondary containment and
under a canopy; other above ground storage tank system with double wall, or single wall tank
with secondary containment and under a canopy and with electronic interstitial monitoring for a
double wall tank or electronic leakage monitoring for a single wall tank secondary containment
structure. These installations shall meet the most restrictive installation requirements of s. SPS
310.260 and receive written approval from the department of safety and professional services or
its designated Local Program Operator under s. SPS 310.110. These requirements apply to tanks
containing gasoline, diesel, bio- diesel, ethanol, other alternative fuel, fuel oil, petroleum product,
motor oil, burner fuel, lubricant, waste oil, or hazardous substances.
Codc.
vi. Four hundred feet between a well and a POWTS dispersal
component with a design capacity of less than 12,000 gallons per day, cemetery or a storm water
retention or detention pond.
vii. Six hundred feet between a well and any
farm underground storage tank system or other underground storage tank with double wall and
with electronic interstitial monitoring for the system, which means the tank and any piping
connected to it; any farm above ground storage tank with double wall, or single wall tank with
other secondary containment and under a canopy or other above ground storage tank system with
double wall, or single wall tank with secondary containment and under a canopy; and with
electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a
single wall tank secondary containment structure. These installations shall meet the standard
double wall tank or single wall tank secondary containment installation requirements of s. SPS
310.260 and receive written land approval from the department of safety and professional
services or its designated Local Program Operator under s. SPS 310.110. These requirements
apply to tanks containing gasoline, diesel, bio- diesel, ethanol, other alternative fuel, fuel oil,
petroleum product, motor oil, burner fuel, lubricant, waste oil, or hazardous
substances. , , • . . .. , •
.. , .. -; :. . ,
. • 11!
viii. One thousand feet between a well and land application of
municipal, commercial, or industrial waste; the boundaries of a landspreading facility for
spreading of petroleum contaminated soil regulated under ch. NR 718 while that facility is in
operation; agricultural, industrial, commercial or municipal waste water treatment units, lagoons,
or storage structures; manure stacks or storage structure; or POWTS dispersal component with a
design capacity of 12,000 gallons per day or more.
ix. 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 exceeds ch. NR 140 enforcement standards; coal storage area;
salt or deicing material storage area; any single wall farm underground storage tank or single
wall farm above ground storage tank or other single wall underground storage tank or above
ground storage tank that has or has not received written approval from the department of safety
and professional services or its designated Local Program Operator under s. SPS 310.110 for a
single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-
diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel,
lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage
facilities. _ - - . . ••• . - - - - - .... • -
Commerce or its designated agent under s. Comm 10.10, Wis. Adm. Code; bulk fuel storage
g. REQUIREMENTS FOR EXISTING FACILITIES
i. Existing facilities and uses that are in compliance with the
regulations of the underlying zoning district are considered conforming uses.
ii. Existing facilities shall provide copies of all federal, state
and local facility operation approvals or certificates and on -going environmental monitoring
results to the Water Utility.
Existing facilities which are non - compliant with any State,
Federal or Local environmental regulations shall provide information as deemed necessary by
the Water Utility which may include but is not limited to stormwater runoff management and
groundwater or site monitoring.
iv. Existing facilities shall replace equipment or expand in a
manner that maintains or improves the existing environmental and safety technologies already in
existence.
v. Existing facilities shall have the responsibility of devising
and filing with the Water Utility a contingency plan satisfactory to the Water Utility for the
immediate notification of the Water Utility in the event of a chemical or other spill which may
pose a threat to groundwater quality.
h. EXEMPTIONS AND WAIVERS
i. Individuals and/or facilities may request the City in writing,
to permit additional land uses in the District.
ii. 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 professional engineer. Said report shall be forwarded to the City
and/or designee(s) for recommendation and final decision by the Plan Commission.
iii. The individual /facility shall reimburse the City for all
consultant fees associated with this review at the invoiced amount plus administrative costs.
iv. 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.
i. ENFORCEMENT
i. In the event that an individual and/or facility causes the
release of any contaminants which endanger the well head protection 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.
ii. The individual /facility shall be responsible for all costs of
cleanup, including all of the following:
L City consultant fees at the invoice amount plus
administrative costs for oversight, review and documentation.
II. The cost of City employees' time associated in any
way with 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.
III. The cost of City equipment employed.
IV. The cost of mileage reimbursed to City employees
attributed to the cleanup.
V. Following any such discharge the City may require
additional test monitoring and/or bonds /securities.
j. PENALTIES
i. Any person who violates any of the provisions of this
section shall be subject to penalties provided in Section 18.28.010 and Section 13.04.130."
ADOPTED: May 12, 2014 Motion by: Marklein
Second by: Farrell
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
,4 , Farrell X
Mark A. g, City Manager Fitzgerald X
Kealy X
ATTEST: Liebert X
Marklein X
Severson X
an A Wulf City Clerk -Treas er
APPROVED AS TO FORM:
ela/ei(W
City Attorney
Proposed by: Dave Botts, Utility Director
Prepared by: Wald Klimczyk, City Attorney
J:\Attomey \Word \Shared \Well Head Amendment Ord 2014- 557.doc