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HomeMy WebLinkAbout17. 21-511 SEPTEMBER 28, 2021 OCTOBER 12, 2021 21-489 21-511 ORDINANCE FIRST READING SECOND READING (CARRIED___6-0___ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCE FOR LEAD SERVICE LINE REPLACEMENT TO INCLUDE GALVANIZED LINES DOWNSTREAM FROM LEAD WATER SERVICE LINES INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 20- 13(A) AND (E) PERTAINING TO LEAD SERVICE LINE REPLACEMENT TO INCLUDE REPLACEMENT OF GALVANIZED LINES DOWNSTREAM FROM LEAD WATER SERVICE LINES WHEREAS, scientific studies have identified health hazards associated with galvanized lines located downstream from lead water service lines; and WHEREAS, the United States Environmental Protection Agency (US EPA) has begun the process to promulgate a rule requiring the replacement of galvanized lines located downstream from lead water service lines which rule is scheduled to go into effect on December 16, 2021; and WHEREAS, the City of Oshkosh wishes to update its ordinance to address this emerging health hazard and to address the replacement of galvanized lines through existing programs providing financial support for homeowners required to replace lead service lines. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 20-13(A) of the Oshkosh Municipal Code pertaining to Lead Service Line Replacement is hereby amended to read as follows: SEPTEMBER 28, 2021 OCTOBER 12, 2021 21-489 21-511 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 20-13 LEAD SERVICE LINE REPLACEMENT (A) Intent and Purpose. Lead service lines and galvanized lines downstream from lead service lines pose a public health risk based on the potential for leaching of lead into drinking water. The Common Council of the City of Oshkosh therefore finds it necessary for public health, safety and welfare to establish a program for the removal and replacement of lead pipe water service lines in use within the Oshkosh Water Utility system. To that end the Council hereby declares the purposes of this ordinance to be as follows: (1) to ensure the water quality for Oshkosh Water Utility customers meets the water quality standards specified under the Federal Safe Drinking Water Act; and (2) to comply with the Lead and Copper Rule; SECTION 2. That Section 20-13(E) of the Oshkosh Municipal Code pertaining to Lead Service Line Replacement is hereby amended to read as follows: (E) Lead Service Line Replacement. (1) The following service line material combinations shall be replaced with a compliant service line material under this ordinance. Public Side Private Side Side Requiring Replacement Lead Lead or Galvanized Both Lead Not Lead and Not Galvanized Public Only Non Lead Lead Private Only (2) All lead water service lines and galvanized service lines that were in place at any time downstream from lead water service lines shall be replaced with a compliant service line material, SEPTEMBER 28, 2021 OCTOBER 12, 2021 21-489 21-511 ORDINANCE FIRST READING SECOND READING CONT’D including all public and private lines, if any portion of a lead water service line is repaired or replaced, the remaining lead portion must be replaced within 180 days. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-511 on October 12, 2021, AMEND ORDINANCE FOR LEAD SERVICE LINE REPLACEMENT TO INCLUDE GALVANIZED LINES DOWNSTREAM FROM LEAD WATER SERVICE LINES (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 20-13(A) AND (E) PERTAINING TO LEAD SERVICE LINE REPLACEMENT TO INCLUDE REPLACEMENT OF GALVANIZED LINES DOWNSTREAM FROM LEAD WATER SERVICE LINES). The ordinance amends the current ordinance requiring replacement of lead water service lines to include the replacement of galvanized water service lines downstream from lead water service lines. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2021\Rev to Chap 20_9-23-21.docx Page 1 of 1 TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: September 23, 2021 RE: Amend Ordinance for Lead Service Line Replacement to Include Galvanized Lines Downstream from Lead Water Service Lines BACKGROUND The Department of Public Works has developed an update to Chapter 20, Plumbing, of the Municipal Code. The issue addressed with this change include requirements for removal of galvanized water service laterals that were ever downstream of lead pipes, if any work is done on the water service lateral. ANALYSIS As Council is aware, lead water service laterals pose a potential health risk, especially to young children. In March 2017, Council approved changes to Chapter 20 that required the entire lead water service lateral to be replaced, if a repair or partial replacement occurs. Recent studies have shown that galvanized piping that was ever downstream of lead piping poses a similar health risk. The U. S. Environmental Protection Agency has revised the Lead and Copper Rule to include the mandatory replacement of galvanized pipe that was ever downstream of lead pipe. This rule is scheduled to go into effect on December 16, 2021. It is anticipated the City will need to have an ordinance in place to require the removal of galvanized pipe ever downstream of lead pipe in order to qualify for any State or Federal funding to help finance private-side lead lateral replacement. A revision to this ordinance is required to clarify what is required if the water service lateral contains galvanized iron pipe downstream of a portion that is made of lead. In these situations, any disturbance of the water service lateral can cause particles of lead to migrate and impact the health of the property owners. FISCAL IMPACT The City will apply for and hopefully receive another Safe Drinking Water Loan for 2022. The Wisconsin Department of Natural Resources has indicated some grant funding is anticipated to be available for the replacement of private-side lead and galvanized water service laterals. RECOMMENDATIONS I recommend approval of the proposed revision to Chapter 20 of the Municipal Code of the City of Oshkosh, Wisconsin. Approved Mark A. Rohloff City Manager SECTION 20-13 LEAD SERVICE LINE REPLACEMENT (A) Intent and Purpose. Lead service lines and galvanized lines that are or ever were downstream from lead service lines pose a public health risk based on the potential for leaching of lead into drinking water. The Common Council of the City of Oshkosh therefore finds it necessary for public health, safety and welfare to establish a program for the removal and replacement of lead pipe water service lines in use within the Oshkosh Water Utility system. To that end the Council hereby declares the purposes of this ordinance to be as follows: (1) to ensure the water quality for Oshkosh Water Utility customers meets the water quality standards specified under the Federal Safe Drinking Water Act; and (2) to comply with the Lead and Copper Rule; (E) Lead Service Line Replacement. (1) The following service line material combinations shall be replaced with a compliant service line material under this ordinance. Public Side Private Side Side Requiring Replacement Lead Lead or Galvanized Both Lead Non Not Lead and Not Galvanized Public Only Non Lead Lead Private Only (2) All lead water service lines and galvanized service lines that were in place at any time downstream from lead water service lines shall be replaced with a compliant service line material, including all public and private lines, if any portion of a lead water service line is repaired or replaced, the remaining lead portion must be replaced within 180 days.