ARTICLE IV
Wellhead Protection
§ 187-51. Title, purpose and applicability.
- Title. This article shall be known, cited and referred to as the “Wellhead Protection Ordinance” (hereafter “WHP Ordinance”).
- Purpose and authority.
(1) The residents of the Village of Holmen (hereafter “Village”) 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 article is to institute land use regulations and restrictions to protect the Village’s municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village.
(2) These regulations are established pursuant to the authority granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare.
- Applicability. The regulations specified in this article shall apply only within the Village’s corporate limits.
§ 187-52. Definitions.
As used in this article, the following terms shall have the meanings indicated:
EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL POLLUTION — Existing facilities which may cause or threaten to cause environmental pollution within the corporate limits of the Village’s well fields’ recharge areas which include but are not limited to the Wisconsin Department of Natural Resources’ draft, Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Department of Commerce List of Underground Storage Tanks (hereafter UST’s) and list of facilities with hazardous solid waste permits, all of which are incorporated herein as if fully set forth.
GROUNDWATER PROTECTION OVERLAY DISTRICT — That area contained in the maps attached as Exhibit A and incorporated herein as if fully set forth.[1]
RECHARGE AREA — Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.
WELL FIELD — A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
§ 187-53. Groundwater Protection Overlay District.
Provisions regarding the Groundwater Protection Overlay District (hereafter “district”) shall be as follows:
- Intent: the area to be protected is the Village’s well fields’ recharge areas contained within the Village boundary limits. These lands are subject to land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination.
- Permitted uses. Subject to the exemptions listed in § 187-52, the following are the only permitted uses within the district. Uses not listed are to be considered prohibited uses.
(1) Parks, provided there are no on-site waste disposal or fuel storage tank facilities associated within this use.
(2) Playgrounds.
(3) Wildlife areas.
(4) Nonmotorized trails, such as biking, skiing, nature and fitness trails.
(5) Residential sewage on a municipal sewer system, free of flammable and combustible liquid underground storage tanks.
- Requirements for existing facilities.
(1) Facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village.
(2) Facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village, which may include but is not limited to stormwater runoff management and monitoring.
(3) Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(4) Facilities shall have the responsibility of devising and filing with the Village a contingency plan satisfactory to the Village for the immediate notification of Village officials in the event of an emergency.
(5) During reasonable hours, any officer or authorized employee of the utility shall have the right of access to all properties within any Groundwater Protection Overlay District for the purpose of inspection or for the enforcement of the utility’s rules and regulations.
§ 187-54. Requests for additional permitted uses.
- Individuals and/or facilities may request the Village to permit additional land uses in the district.
- Form of request; report.
(1) All requests shall be in writing either on or in substantial compliance with forms to be provided by the Village. The Village may request an environmental assessment report, prepared by an engineer familiar with environmental issues relating to water supply wells. The selection of the engineer shall be approved by the Village.
(2) Said report shall be forwarded to the Village Engineer and/or designee(s) for recommendation and final decision by the Village Board.
- The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
- Any permitted uses shall be conditional and may include required environmental and safety monitoring and/or bonds and/or sureties satisfactory to the Village.
§ 187-55. Enforcement; violations and penalties.
- In the event the individual and/or facility causes the release of any contaminants which endanger the district, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.
- The individual/facility shall be responsible for all costs of cleanup, Village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.
(1) The cost of Village 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 Village representing the Village’s cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.
(2) The cost of Village equipment employed.
(3) The cost of mileage reimbursed to Village employees attributed to the cleanup.
- Following any such discharge, the Village may require additional test monitoring and/or bonds/sureties satisfactory to the Village.
- Violations. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this article. In case of any violation, the Village Board, Building Inspector, or any person who would be specifically damaged by such violation, may institute appropriate action or proceedings to enjoin a violation of this article.
- Penalties. Any person, firm, or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $100 nor more than $500, plus the costs of prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or in the alternative, shall have such costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
ARTICLE V
Cross-Connection Control
[Amended 1-15-2009 by Ord. No. 7.08; 1-10-2013 by Ord. No. 1-2013]
§ 187-56. Definitions.
As used in this article, the following terms shall have the meanings indicated:
CROSS-CONNECTION — Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village of Holmen public water system, and the other of which contains water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems.
§ 187-57. Unprotected cross-connections prohibited.
No person, firm, or corporation may establish or maintain, or permit to be established or maintained, any unprotected cross-connection. Cross-connections shall be protected as required in Ch. SPS 82, Wisconsin Administrative Code.[2]
§ 187-58. Inspections.
The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. As an alternative, the water utility may require a person, firm, or corporation who owns, leases, or occupies property to have its plumbing inspected, at its own expense, by a State of Wisconsin certified cross-connection inspector/surveyor. The frequency of inspections shall be established by the water utility in accordance with the Wisconsin Administrative Code. Any unprotected cross-connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross-connection shall be sufficient cause for the water utility to discontinue water service to the property, as provided under § 187-61 of this chapter.
§ 187-59. Right of entry.
Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross-connections. Refusing entry to such utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under § 187-61 of this chapter. If entry is refused, a special inspection warrant under Section 66.0119 of the Wisconsin Statutes may be obtained.
§ 187-60. Provision of requested information.
The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water utility to discontinue water service to the property, as provided under § 187-61 of this chapter.
§ 187-61. Discontinuation of service for violation.
The water utility may discontinue water service to any property wherein any unprotected connection in violation of this chapter exists and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in § 187-62 of this chapter. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
§ 187-62. Emergency discontinuance.
If it is determined by the water utility that an unprotected cross-connection or emergency endangers public health, safety, or welfare and requires immediate action, and if a written finding to that effect is filed with the Village Clerk and delivered to the customer’s premises, water service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
§ 187-63. Adoption of state code.
The Village of Holmen adopts by reference the State Plumbing Code of Wisconsin, being Ch. COMM 82, Wisconsin Administrative Code.[3]
§ 187-64. Conflict with other provisions.
This article does not supersede the State Plumbing Code but is supplementary to it.
ARTICLE VI
Private Well Abandonment
[Amended 1-10-2013 by Ord. No. 1-2013]
§ 187-65. Purpose.
The purpose of this article is to protect public health, safety and welfare and to prevent contamination of groundwater by assuring that unused, unsafe or noncomplying wells or wells which may act as conduits for contamination of groundwater or wells which may be illegally cross-connected to the municipal water system are properly maintained or abandoned.
§ 187-66. Applicability.
This chapter applies to all wells located on premises served by the Village of Holmen water system. Utility customers outside the jurisdiction of the municipal system may be required under contract agreement or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for purpose stated in § 187-65 above.
§ 187-67. Definitions.
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM — A community water system owned by a city, village, county, town, town sanitary district, utility district, public inland lake and rehabilitation district, municipal water district or a federal, state, county, or municipal owned institution for congregate care or correction, or a privately owned water utility serving the foregoing.
NONCOMPLYING — A well or pump installation which does not comply with § NR 812.42, Wisconsin Administrative Code, Standards for Existing Installations, and which has not been granted a variance pursuant to § NR 812.43, Wisconsin Administrative Code.
PUMP INSTALLATION — The pump and related equipment used for withdrawing water from a well, including the discharge piping, the underground connections, pitless adapters, pressure tanks, pits, sampling faucets and well seals or caps.
UNSAFE WELL OR PUMP INSTALLATION — One which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of Ch. NR 140 or 809, Wisconsin Administrative Code, or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED WELL OR PUMP INSTALLATION — One which is not used or does not have a functional pumping system.
WELL — A drill hole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface constructed for the purpose of obtaining groundwater.
WELL ABANDONMENT — The proper filling and sealing of a well according to the provisions of § NR 812.26, Wisconsin Administrative Code.
§ 187-68. Abandonment required.
All wells on premises served by the municipal water system shall be properly abandoned in accordance with § 187-70 of this chapter by no later than 90 days from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by the Village of Holmen under terms of § 187-69 of this chapter.
§ 187-69. Well operation permits.
- Owners of wells on premises served by the municipal water system wishing to retain their wells for any use shall make application for a well operation permit for each well no later than 90 days after connection to the municipal water system. The Village of Holmen shall grant a permit to a well owner to operate a well for a period not to exceed one year, providing that all conditions of this section are met. A well operations permit may be renewed by submitting an application verifying that the conditions of this section are met. The Village of Holmen or its agent may conduct inspections and water quality tests or require inspections and water quality tests to be conducted at the applicant’s expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the Village Clerk. All initial and renewal applications must be accompanied by a fee of $25.
- The following conditions must be met for issuance or renewal of a well operation permit:
(1) The well and pump installation shall meet the standards for existing installations described in § NR 812.42, Wisconsin Administrative Code. The well and pump system shall be evaluated by a licensed well driller or pump installer and certified on the NR 812 Compliance Report Form 3300-305 to comply with ch. NR 812 subch. IV, prior to issuing the initial permit and no less than every 10 years afterwards. [Amended 10-10-2019 by Ord. No. 7-2019]
(2) The well and pump shall have a history of producing safe water evidenced by at least two coliform bacteria samples. In areas where the Department of Natural Resources has determined that groundwater aquifers are contaminated with substances other than bacteria, additional chemical test may be required to document the safety of the water.
(3) There shall be no cross-connections between the well’s pump installation or distribution piping and the municipal water system.
(4) The water from the private well shall not discharge into a drain leading directly to a public sewer utility unless properly metered and authorized by the sewer utility.
(5) The private well shall have a functional pumping system.
(6) The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.
§ 187-70. Abandonment procedures.
- All wells abandoned under the jurisdiction of this chapter shall be done according to the procedures and methods of § NR 812.26, Wisconsin Administrative Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
- The owner of the well, or the owner’s agent, shall notify the clerk at least 48 hours in advance of any well abandonment activities. The abandonment of the well may be observed or verified by personnel of the municipal system.
- An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk and the Department of Natural Resources within 30 days of the completion of the well abandonment.
§ 187-71. Violations and penalties.
Any well owner violating any provision of this article shall, upon conviction, be punished by forfeiture of not less than $25 nor more than $100 and the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this article for more than 30 days after receiving written notice of the violation, the municipality may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
§ 187-72. through § 187-74. (Reserved)
ARTICLE VII
Fluoridation
[Added 2-13-2014 by Ord. No. 1-2014]
§ 187-75. Intent.
The Village of Holmen Water Utility shall henceforth maintain and implement a continually active fluoride feed system at each well site to fluoridate the public water supply. All fluoridation systems shall use hydrofluorosilicic acid (23% to 25%) that has 19.8% fluoride ions.
§ 187-76. Requirements.
The Village of Holmen Water Utility shall abide by the Department of Natural Resources’ requirements for fluoride and chemical injection, as follows:
- Section NR 809.11(2), Wisconsin Administrative Code, establishes a primary maximum contaminant level (MCL) of 4.0 mg/l for fluoride;
- Section NR 809.70(1), Wisconsin Administrative Code, establishes a secondary maximum contaminant level (SMCL) of 2.0 mg/l for fluoride;
- Section NR 809.74(1)(a), Wisconsin Administrative Code, requires that water systems adding fluoride have a routine monitoring program to ensure the levels of fluoride in the water system fall within the optimal range of fluoride established by the Department of Health Services;
- Section NR 811.39(2)(c), Wisconsin Administrative Code, contains chemical feeder design requirements, including allowable chemical feeder settings; and
- Section NR 811.40(1)(d), Wisconsin Administrative Code, contains chemical feed storage tank requirements, including maximum solution tank sizes.
§ 187-77. Recommended levels.
The Village of Holmen Water Utility shall fluoridate in accordance with the recommended levels as follows:
- Effective as of February 1, 2013, the Department of Health Services recommended the optimal level of fluoride for public water systems be 0.70 mg/l. To ensure public water systems are consistently providing a fluoride level that has the greatest benefit, a recommended fluoride concentration control range had to be established. Following guidance from the Centers for Disease Control and Prevention, it is recommended that Wisconsin public water systems:
(1) Have an average monthly fluoride concentration of at least 0.70 mg/l;
(2) Have 75% of daily samples within the recommended control range of 0.60 mg/l to 0.80 mg/l;
(3) Submit monthly split samples to the state lab for testing that correlate with a split tolerance of +/- 0.20 mg/l; and
(4) Continue fluoridation of the public water supply (PWS) unless the system has natural fluoride levels of 0.60 mg/l or above.
§ 187-78. Changes to requirements or recommended levels.
Should the above-referenced agencies, at any time in the future, effectively adopt changes to the requirements or recommended levels listed herein, the Village of Holmen Water Utility shall immediately abide by those new parameters, and this article shall be immediately amended to reflect such.
[1]. Editor’s Note: Exhibit A is included at the end of this chapter.
[2]. Editor’s Note: See Ch. SPS 382, Wis. Admin. Code.
[3]. Editor’s Note: See now Ch. SPS 382, Wis. Admin. Code.
