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50 - Well Head Protection - Independence
Ordinance #50
Waterworks
Well Head Protection - Independence
AN ORDINANCE FOR THE PROTECTION OF THE MUNICIPAL WATER SUPPLY FOR THE CITY OF INDEPENDENCE, WISCONSIN.
THE COMMON COUNCIL OF THE CITY OF INDEPENDENCE, WISCONSIN, DO ORDAIN AS FOLLOWS:
1.0 TITLE
This ordinance shall be known, cited, and referred to as the "Well Head Protection Ordinance" (WHPO).
2.0 PURPOSE
The users of the City of Independence water supply system located in the City of Independence depend exclusively on ground water for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade ground water quality. The purpose of the WHPO is to institute land use regulations and restrictions to protect the City of Independence municipal water supply and wells, and to promote the public health, safety, and general welfare of the residents of the City of Independence.
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 ground water protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety, and welfare.
3.0 APPLICABILITY
The regulations specified in the WHPO shall apply within the City limits of Independence.
No new use or change in use of any structure, land, or water shall be located, extended, converted, or structurally altered, and no development shall commence without full compliance with the terms of this ordinance and other applicable regulations.
4.0 DEFINITIONS
Aquifer - A saturated, permeable, geologic formation that contains and \/'.III yield significant quantities of water.
Five Year Time of Travel (5 Year TOT) - The 5 Year TOT is the area down gradient and up gradient of Well #2, the outer boundary of which it is determined or estimated that ground water and potential contaminants will take five years to reach a pumping
Ground Water Protection District - Shall be defined to include the following area: Minimum separation distances specified in Wisconsin Administrative Code N R 811.16 (4) (d); Zone of Influence; Five Year time of travel (TOT) Area
Hazardous substance - The term "hazardous substance" has the meaning specified under sec. 289.01, Wis. Stats.
Mixing - The mixing or stirring of pre-manufactured product.
Paint and Coating Manufacturing - The blending of raw ingredients to formulate a new product. The phrase "Paint and Coating Manufacturing" does not include the mixing or stirring of pre-manufactured products.
Recharge Area - Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply ground water recharge to a well.
Well #1 - The municipal well for the City of Independence located on Lot 90 of the 1949 Assessor's Plat for the City.
Well #2 - The municipal well for the City of Independence, Wisconsin, to be located near the north forty line of the SE 1/4 of the SE 1/4, Sec. 24, Township 22 North, Range 9 West.
Zone of Influence - That area around a well in which the ground water flows to the pumping well. The Zone of Influence for Well # 1 and Well #2 of the City of Independence water supply system has been estimated to be 850 feet in diameter.
5.0 GROUND WATER PROTECTION DISTRICT
The Ground Water Protection District (hereafter called "the District") consists of three separate areas.
The first area to be protected is the land immediately surrounding the well. The limitations placed on this area are those specified in the Wisconsin Administrative Code NR 811.16.
The second area to be protected is the land within the Zone of Influence of the well.
The third area to be protected is the land within the Five Year TOT Area of the well.
The Zone of Influence is shown in Figure 1, attached, and made part of this Ordinance.
5.1 ADMINISTRATIVE CODE SEPARATION DISTANCES
5.1.1 intent
The area to be protected is the land immediately surrounding Well #1 and #2. These lands are subject to the minimum development restrictions by code because of their proximity to the well field and the corresponding threat of contamination. These minimum separation distances shall be as set forth in NR 8 11. 16 or as that section may be amended.
5.1.2 NR 811.16 Separation Distances currently in effect are:
Fifty feet between a well and a storm sewer main.
Two hundred feet between a well and any sanitary sewer main, 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 watermain materials and joints and pressure tested in place to meet current AWWA C600 specification. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.
Four hundred feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery, or a storm water drainage pond.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from ILHR or its designated agent under ILHR 10. 10.
One thousand 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 8,000 gallons per day or more.
Twelve hundred feet between a well and any solid waste storage facility (except as provided herein), transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; 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 Industry, Labor, and Human Relations or its designated agent under ILHR 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities. Notwithstanding anything contained herein to the contrary, the requirements of this paragraph do not apply to solid waste storage facilities utilizing containers such as lugger boxes or rolloffs for solid waste storage serving apartments, commercial establishments, business establishments, and industries, and the containers are located on the premise which are served by the containers.
5.2 ZONE OF INFLUENCE
5.2.1 Intent
The primary area to be protected is the land within 850 feet of Well #1 and #2, known as the Zone of Influence. These lands are subject to the most stringent land use and development restrictions because of their proximity to the municipal well and the corresponding high threat of contamination.
5.2.2 Authorized Uses
The following uses are authorized uses within the Zone of Influence:
a) Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated within this use
b) Playgrounds
c) Wildlife area
d) Non motorized trails, such as hiking, skiing, nature, and fitness trails
e) Residential uses
f) Agricultural uses
g) Furniture and manufacturing and all activities and uses relating to furniture manufacturing, including but not limited to parking and minor maintenance or repair of vehicles transporting materials to and from the site, and the use or storage of Hazardous Substances so long as such substances are used only on site in the ordinary course of a manufacturing business, and provided that the use of the Hazardous Substances takes place within a structure with an impermeable floor and the storage of the Hazardous Substances, if required by Wisconsin Statutes or Administrative Code, takes place within a structure with an impermeable floor and sidewall which will not allow spillage outside of the storage structure. In any event, a stock pile of such Hazardous Substances shall not exceed a 90 day supply.
h) Commercial or Industrial uses, except those listed below as prohibited uses unless granted by requiring an authorized use permit under section 6.0.
i) Shipping and receiving activities which are conducted in conjunction with commercial or industrial uses
j) The use or storage of Hazardous Substances in the ordinary course of a manufacturing business subject to the conditions set forth in subsection g) above.
k) The mixing or stirring of pre-manufactured products to create lacquers, paints, and similar products used in conjunction with a commercial or manufacturing furniture activity or use permitted by this ordinance.
1) Any use not listed as an authorized use requires the granting of an authorized use permit pursuant to Section 6.0
5.2.3 Prohibited Uses.
Within the Zone of Influence, the following uses are prohibited except as may be permitted under limited circumstances by an authorized use permit under section 6.0:
a) Septage and/or sludge spreading
b) Animal waste facilities
C) Gas Stations
d) Vehicle repair establishments, including auto body repair
e) Printing shop
f) Bus or truck terminals; excepting shipping and receiving activities which are conducted in conjunction with commercial or industrial uses
g) Landfills or waste disposal facilities
h) Non municipal wastewater treatment facilities
i) Non municipal spray wastewater facilities
j) Junk yards or auto salvage yards
k) Bulk fertilizer and pesticide facilities
l) Asphalt products and manufacturing
m) Dry cleaning facilities
n) Salt storage
o) Electroplating
p) Exterminating shops
q) Paint and coating manufacturing except those uses authorized uses in Section 5.2.2 above
r) Hazardous Substance use and storage, except those authorized uses in Section 5.2.2 (g), (j) and W above.
s) Hazardous waste facilities; "hazardous waste facility" has the meaning specified under sec. 291.01 (8), Wis. Stats.
t) Radioactive waste facilities
u) Tire and battery service
v) Garage and vehicular towing
w) Public and private maintenance garages
x) Underground storage tanks
y) Other similar uses that pose a threat to ground water quality which are not listed as authorized uses under sec. 5.2.2.
5.3 FIVE YEAR TIME OF TRAVEL AREA
5.3.1 Intent
According to guidance, a secondary area to be protected is the land that lies within the 5 Year Time of Travel (TOT) distance area. This 5 Year TOT was calculated using a computer program titled "US EPA WHPA, RESSQC Module." This model is based on available aquifer data and several assumptions including a homogeneous, isotropic aquifer with no recharge conditions and visual evaluation of surface conditions. Therefore, the secondary area to be protected incorporates information from the computer model as well as topographic features. This area has normalized visible man-made and natural boundary lines. (Not included with text, to be determined.)
5.3.2 Authorized Uses
The following uses are authorized uses within the 5 Year TOT
a) All uses listed as Permitted Uses in the Zone of Influence Area, Section 5.2.2.
b) Commercial or Industrial uses except those listed below as prohibited uses, unless granted by an authorized use permit under section 6.0.
c) Any use not listed as an authorized use requires the granting of an authorized use permit pursuant to Section 6.0
5.3.3 Prohibited Uses
a) Septage and/or sludge spreading
b) Animal waste facilities
c) Printing shop
d) Bus or truck terminals, excepting normal shipping and receiving activities which are conducted in conjunction with commercial or industrial uses
e) Landfills or waste disposal facilities
f) Non municipal wastewater treatment facilities
g) Non municipal spray wastewater facilities
h) Bulk fertilizer and pesticide facilities
i) Asphalt products manufacturing
j) Dry cleaning facilities
k) Electroplating
1) Exterminating shops
m) Paint and coating manufacturing except those uses authorized in Section 5.2.2 above.
n) Hazardous Substance storage and use, except those authorized uses in Sections 5.3.2 (a) and 5.2.2 (g), (j) and (k) above.
o) Hazardous waste facilities; "hazardous waste facility" has the meaning specified under sec. 291.01 (8), Wis. Stats.
p) Radioactive waste facilities
q) Underground storage tanks over 1,000 gallons in size
r) Other similar uses that pose a threat to ground water quality which are not listed as authorized by sec. 5.3.2.
6.0 AUTHORIZED USE-PERMITS
Upon request from an individual or facility, the City of Independence may issue an authorized use permit for land uses in the Well Head Protection Area other than those already permitted by Sec. 5.2.2. and Section 5.3.2. Authorized use permits may also be granted for those uses listed as prohibited where minimum prohibited activities would occur or changing information or technology establishes that an otherwise prohibited use would pose no risk to the water supply. Any use subject to an authorized use permit shall be a conditional use and may include requirements for environmental and safety monitoring consistent with local, state, and federal requirements and/or bonds and sureties as the City may require.
All requests for permits shall be in writing, delivered to the City of Independence, and include the following information along with the payment of a permit fee adequate to cover the City's costs in evaluating and acting upon the permit request:
1) A narrative description of the proposed land use
2) For new construction or structural additions, a complete set of plans, indicating:
a) the layout of the building(s)
b) location of any hazardous substances
c) drainage and piping
3) For use of an existing structure, a floor plan diagram, indicating the location of any hazardous substances
4) A discussion of the likely impact of the project on the well (water supply or groundwater)
5) A narrative describing safety precautions to be taken
6) Safety plan, as required by Section 8.0 of this Ordinance
7.0 PRE-EXISTING USES
Insofar as the standards in this section are not inconsistent with the provisions of Section 62.23(7)(h), Wisconsin Statutes, they shall apply to all pre-existing uses.
The existing lawful use of a structure or building that is not in conformity with the provision of this ordinance may be continued subject to the following:
No modifications or additions to a pre-existing use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification", and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal or external painting, decorating, paneling, and the replacement of doors, windows, and other non-structural components.
If a pre-existing use is discontinued for 12 consecutive months, any future use of the land, structures or building shall conform with the requirements of this ordinance.
8.0 REQUIREMENTS FOR FACILITIES
Facilities shall provide, within 30 days of the receipt by the facility, copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results mandated by local, state, or federal law to the City of Independence.
Facilities shall have the responsibility of devising and filing with the City of Independence a contingency plan in conformity with Wisconsin Administrative Code sec. NR 630.22.
In the event an individual or facility causes the release of any contaminants that pose a danger to the water supply, the owner shall immediately cease the activity causing the release and cleanup and remove the contaminants. The owner shall be responsible for all costs of cleanup. Such costs shall include the City's costs for supervision of the cleanup as if no federal, state or other local agency assumes responsibility for the monitoring and supervision of cleanup. Such costs would be those as are authorized under Chapter 292 Wis. Stats.
9.0 ENFORCEMENT AND PENALTIES
Violations - It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this Ordinance. In case of any violation, the City may institute appropriate action or proceeding to enjoin a violation of this Ordinance.
Penalties - Any person, firm, or corporation who fails to comply with the provisions of this ordinance shall upon conviction thereof, forfeit not less than Fifty ($50.00) Dollars, nor more than 'Two Hundred Fifty ($250.00) Dollars, 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 thirty (30) days, or in the alternative, shall have such forfeiture and costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
These penalties are not the City's exclusive remedy for violations. The City may take other steps to insure compliance and recover for losses including, without limitation, injunctive action, revocation of permits and suit for damages.
Waterworks
Well Head Protection - Independence
AN ORDINANCE FOR THE PROTECTION OF THE MUNICIPAL WATER SUPPLY FOR THE CITY OF INDEPENDENCE, WISCONSIN.
THE COMMON COUNCIL OF THE CITY OF INDEPENDENCE, WISCONSIN, DO ORDAIN AS FOLLOWS:
1.0 TITLE
This ordinance shall be known, cited, and referred to as the "Well Head Protection Ordinance" (WHPO).
2.0 PURPOSE
The users of the City of Independence water supply system located in the City of Independence depend exclusively on ground water for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade ground water quality. The purpose of the WHPO is to institute land use regulations and restrictions to protect the City of Independence municipal water supply and wells, and to promote the public health, safety, and general welfare of the residents of the City of Independence.
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 ground water protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety, and welfare.
3.0 APPLICABILITY
The regulations specified in the WHPO shall apply within the City limits of Independence.
No new use or change in use of any structure, land, or water shall be located, extended, converted, or structurally altered, and no development shall commence without full compliance with the terms of this ordinance and other applicable regulations.
4.0 DEFINITIONS
Aquifer - A saturated, permeable, geologic formation that contains and \/'.III yield significant quantities of water.
Five Year Time of Travel (5 Year TOT) - The 5 Year TOT is the area down gradient and up gradient of Well #2, the outer boundary of which it is determined or estimated that ground water and potential contaminants will take five years to reach a pumping
Ground Water Protection District - Shall be defined to include the following area: Minimum separation distances specified in Wisconsin Administrative Code N R 811.16 (4) (d); Zone of Influence; Five Year time of travel (TOT) Area
Hazardous substance - The term "hazardous substance" has the meaning specified under sec. 289.01, Wis. Stats.
Mixing - The mixing or stirring of pre-manufactured product.
Paint and Coating Manufacturing - The blending of raw ingredients to formulate a new product. The phrase "Paint and Coating Manufacturing" does not include the mixing or stirring of pre-manufactured products.
Recharge Area - Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply ground water recharge to a well.
Well #1 - The municipal well for the City of Independence located on Lot 90 of the 1949 Assessor's Plat for the City.
Well #2 - The municipal well for the City of Independence, Wisconsin, to be located near the north forty line of the SE 1/4 of the SE 1/4, Sec. 24, Township 22 North, Range 9 West.
Zone of Influence - That area around a well in which the ground water flows to the pumping well. The Zone of Influence for Well # 1 and Well #2 of the City of Independence water supply system has been estimated to be 850 feet in diameter.
5.0 GROUND WATER PROTECTION DISTRICT
The Ground Water Protection District (hereafter called "the District") consists of three separate areas.
The first area to be protected is the land immediately surrounding the well. The limitations placed on this area are those specified in the Wisconsin Administrative Code NR 811.16.
The second area to be protected is the land within the Zone of Influence of the well.
The third area to be protected is the land within the Five Year TOT Area of the well.
The Zone of Influence is shown in Figure 1, attached, and made part of this Ordinance.
5.1 ADMINISTRATIVE CODE SEPARATION DISTANCES
5.1.1 intent
The area to be protected is the land immediately surrounding Well #1 and #2. These lands are subject to the minimum development restrictions by code because of their proximity to the well field and the corresponding threat of contamination. These minimum separation distances shall be as set forth in NR 8 11. 16 or as that section may be amended.
5.1.2 NR 811.16 Separation Distances currently in effect are:
Fifty feet between a well and a storm sewer main.
Two hundred feet between a well and any sanitary sewer main, 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 watermain materials and joints and pressure tested in place to meet current AWWA C600 specification. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.
Four hundred feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery, or a storm water drainage pond.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from ILHR or its designated agent under ILHR 10. 10.
One thousand 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 8,000 gallons per day or more.
Twelve hundred feet between a well and any solid waste storage facility (except as provided herein), transportation, transfer, incineration, air curtain destructor, processing, one time disposal or small demolition facility; sanitary landfill; 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 Industry, Labor, and Human Relations or its designated agent under ILHR 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities. Notwithstanding anything contained herein to the contrary, the requirements of this paragraph do not apply to solid waste storage facilities utilizing containers such as lugger boxes or rolloffs for solid waste storage serving apartments, commercial establishments, business establishments, and industries, and the containers are located on the premise which are served by the containers.
5.2 ZONE OF INFLUENCE
5.2.1 Intent
The primary area to be protected is the land within 850 feet of Well #1 and #2, known as the Zone of Influence. These lands are subject to the most stringent land use and development restrictions because of their proximity to the municipal well and the corresponding high threat of contamination.
5.2.2 Authorized Uses
The following uses are authorized uses within the Zone of Influence:
a) Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated within this use
b) Playgrounds
c) Wildlife area
d) Non motorized trails, such as hiking, skiing, nature, and fitness trails
e) Residential uses
f) Agricultural uses
g) Furniture and manufacturing and all activities and uses relating to furniture manufacturing, including but not limited to parking and minor maintenance or repair of vehicles transporting materials to and from the site, and the use or storage of Hazardous Substances so long as such substances are used only on site in the ordinary course of a manufacturing business, and provided that the use of the Hazardous Substances takes place within a structure with an impermeable floor and the storage of the Hazardous Substances, if required by Wisconsin Statutes or Administrative Code, takes place within a structure with an impermeable floor and sidewall which will not allow spillage outside of the storage structure. In any event, a stock pile of such Hazardous Substances shall not exceed a 90 day supply.
h) Commercial or Industrial uses, except those listed below as prohibited uses unless granted by requiring an authorized use permit under section 6.0.
i) Shipping and receiving activities which are conducted in conjunction with commercial or industrial uses
j) The use or storage of Hazardous Substances in the ordinary course of a manufacturing business subject to the conditions set forth in subsection g) above.
k) The mixing or stirring of pre-manufactured products to create lacquers, paints, and similar products used in conjunction with a commercial or manufacturing furniture activity or use permitted by this ordinance.
1) Any use not listed as an authorized use requires the granting of an authorized use permit pursuant to Section 6.0
5.2.3 Prohibited Uses.
Within the Zone of Influence, the following uses are prohibited except as may be permitted under limited circumstances by an authorized use permit under section 6.0:
a) Septage and/or sludge spreading
b) Animal waste facilities
C) Gas Stations
d) Vehicle repair establishments, including auto body repair
e) Printing shop
f) Bus or truck terminals; excepting shipping and receiving activities which are conducted in conjunction with commercial or industrial uses
g) Landfills or waste disposal facilities
h) Non municipal wastewater treatment facilities
i) Non municipal spray wastewater facilities
j) Junk yards or auto salvage yards
k) Bulk fertilizer and pesticide facilities
l) Asphalt products and manufacturing
m) Dry cleaning facilities
n) Salt storage
o) Electroplating
p) Exterminating shops
q) Paint and coating manufacturing except those uses authorized uses in Section 5.2.2 above
r) Hazardous Substance use and storage, except those authorized uses in Section 5.2.2 (g), (j) and W above.
s) Hazardous waste facilities; "hazardous waste facility" has the meaning specified under sec. 291.01 (8), Wis. Stats.
t) Radioactive waste facilities
u) Tire and battery service
v) Garage and vehicular towing
w) Public and private maintenance garages
x) Underground storage tanks
y) Other similar uses that pose a threat to ground water quality which are not listed as authorized uses under sec. 5.2.2.
5.3 FIVE YEAR TIME OF TRAVEL AREA
5.3.1 Intent
According to guidance, a secondary area to be protected is the land that lies within the 5 Year Time of Travel (TOT) distance area. This 5 Year TOT was calculated using a computer program titled "US EPA WHPA, RESSQC Module." This model is based on available aquifer data and several assumptions including a homogeneous, isotropic aquifer with no recharge conditions and visual evaluation of surface conditions. Therefore, the secondary area to be protected incorporates information from the computer model as well as topographic features. This area has normalized visible man-made and natural boundary lines. (Not included with text, to be determined.)
5.3.2 Authorized Uses
The following uses are authorized uses within the 5 Year TOT
a) All uses listed as Permitted Uses in the Zone of Influence Area, Section 5.2.2.
b) Commercial or Industrial uses except those listed below as prohibited uses, unless granted by an authorized use permit under section 6.0.
c) Any use not listed as an authorized use requires the granting of an authorized use permit pursuant to Section 6.0
5.3.3 Prohibited Uses
a) Septage and/or sludge spreading
b) Animal waste facilities
c) Printing shop
d) Bus or truck terminals, excepting normal shipping and receiving activities which are conducted in conjunction with commercial or industrial uses
e) Landfills or waste disposal facilities
f) Non municipal wastewater treatment facilities
g) Non municipal spray wastewater facilities
h) Bulk fertilizer and pesticide facilities
i) Asphalt products manufacturing
j) Dry cleaning facilities
k) Electroplating
1) Exterminating shops
m) Paint and coating manufacturing except those uses authorized in Section 5.2.2 above.
n) Hazardous Substance storage and use, except those authorized uses in Sections 5.3.2 (a) and 5.2.2 (g), (j) and (k) above.
o) Hazardous waste facilities; "hazardous waste facility" has the meaning specified under sec. 291.01 (8), Wis. Stats.
p) Radioactive waste facilities
q) Underground storage tanks over 1,000 gallons in size
r) Other similar uses that pose a threat to ground water quality which are not listed as authorized by sec. 5.3.2.
6.0 AUTHORIZED USE-PERMITS
Upon request from an individual or facility, the City of Independence may issue an authorized use permit for land uses in the Well Head Protection Area other than those already permitted by Sec. 5.2.2. and Section 5.3.2. Authorized use permits may also be granted for those uses listed as prohibited where minimum prohibited activities would occur or changing information or technology establishes that an otherwise prohibited use would pose no risk to the water supply. Any use subject to an authorized use permit shall be a conditional use and may include requirements for environmental and safety monitoring consistent with local, state, and federal requirements and/or bonds and sureties as the City may require.
All requests for permits shall be in writing, delivered to the City of Independence, and include the following information along with the payment of a permit fee adequate to cover the City's costs in evaluating and acting upon the permit request:
1) A narrative description of the proposed land use
2) For new construction or structural additions, a complete set of plans, indicating:
a) the layout of the building(s)
b) location of any hazardous substances
c) drainage and piping
3) For use of an existing structure, a floor plan diagram, indicating the location of any hazardous substances
4) A discussion of the likely impact of the project on the well (water supply or groundwater)
5) A narrative describing safety precautions to be taken
6) Safety plan, as required by Section 8.0 of this Ordinance
7.0 PRE-EXISTING USES
Insofar as the standards in this section are not inconsistent with the provisions of Section 62.23(7)(h), Wisconsin Statutes, they shall apply to all pre-existing uses.
The existing lawful use of a structure or building that is not in conformity with the provision of this ordinance may be continued subject to the following:
No modifications or additions to a pre-existing use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification", and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal or external painting, decorating, paneling, and the replacement of doors, windows, and other non-structural components.
If a pre-existing use is discontinued for 12 consecutive months, any future use of the land, structures or building shall conform with the requirements of this ordinance.
8.0 REQUIREMENTS FOR FACILITIES
Facilities shall provide, within 30 days of the receipt by the facility, copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results mandated by local, state, or federal law to the City of Independence.
Facilities shall have the responsibility of devising and filing with the City of Independence a contingency plan in conformity with Wisconsin Administrative Code sec. NR 630.22.
In the event an individual or facility causes the release of any contaminants that pose a danger to the water supply, the owner shall immediately cease the activity causing the release and cleanup and remove the contaminants. The owner shall be responsible for all costs of cleanup. Such costs shall include the City's costs for supervision of the cleanup as if no federal, state or other local agency assumes responsibility for the monitoring and supervision of cleanup. Such costs would be those as are authorized under Chapter 292 Wis. Stats.
9.0 ENFORCEMENT AND PENALTIES
Violations - It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this Ordinance. In case of any violation, the City may institute appropriate action or proceeding to enjoin a violation of this Ordinance.
Penalties - Any person, firm, or corporation who fails to comply with the provisions of this ordinance shall upon conviction thereof, forfeit not less than Fifty ($50.00) Dollars, nor more than 'Two Hundred Fifty ($250.00) Dollars, 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 thirty (30) days, or in the alternative, shall have such forfeiture and costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
These penalties are not the City's exclusive remedy for violations. The City may take other steps to insure compliance and recover for losses including, without limitation, injunctive action, revocation of permits and suit for damages.