HomeMy WebLinkAbout46. 17-161 MARCH 14, 2017 MARCH 28, 2017 17-111 17-161 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: CREATE SECTION 17-33(V) OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO DOWNSPOUTS, SUMP
PUMPS AND OTHER CONCENTRATED DISCHARGES;
REPEALING AND RECREATING SECTION 20-8(C)(3) OF THE
CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO
MANDATORY CONNECTIONS TO THE PUBLIC STORM SEWER
SYSTEM AND CREATE SECTION 20-13 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO LEAD SERVICE
LINE REPLACEMENT
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 17-
33(V) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO
DOWNSPOUTS, SUMP PUMPS AND OTHER CONCENTRATED DISCHARGES;
REPEALING AND RECREATING SECTION 20-8(C)(3) OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO MANDATORY CONNECTIONS TO THE
PUBLIC STORM SEWER SYSTEM AND CREATING SECTION 20-13 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO LEAD SERVICE LINE
REPLACEMENT
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 17-33(V) of the Oshkosh Municipal Code pertaining to
downspouts, sump pumps and other concentrated discharges is hereby created to read as
follows:
(V) Downspouts, sump pumps and other concentrated discharges.
Downspouts, sump pumps and any other concentrated discharges where
such discharges flow directly or indirectly onto city streets, alleys or
sidewalks, driveway aprons, or any other surface within the public right
MARCH 14, 2017 MARCH 28, 2017 17-111 17-161 ORDINANCE
FIRST READING SECOND READING CONT'D
of way. Includes the laying of sump pump, downspout or other
concentrated discharge piping on or across any city street, alleys or
sidewalks, driveway apron, or any other surface within the public right of
way.
SECTION 2. That Section 20-8(C)(3) of the Oshkosh Municipal Code pertaining
Mandatory Connections to the Public Storm Sewer System is hereby repealed and
recreated to read as follows:
(C)(3) Mandatory Connection Required.
a) All buildings regulated by the City's Subdivision Ordinance shall be
provided with a foundation drain tile sump pump system that
connects to the public storm sewer system or discharges to other
acceptable points as required by the City's Subdivision Ordinance,
Section 30-74(C)(5).
b) All new buildings with a storm drain foundation system shall be
connected to the public storm sewer system in compliance with all
applicable chapters or discharge to other acceptable points as required
by the City's Subdivision Ordinance, Section 30-74(C)(5). If the public
storm drainage system is not available to the property at the time of
construction then the property owner will be required to apply for the
installation of and connect to the public storm drainage system within
12 months after installation of the public storm drainage system.
c) All existing buildings with a foundation drain system in operation on
April 1, 2017 shall be permitted to stay in operation as long as it does
not create a nuisance to the public and are not connected to the
sanitary sewer system. If a building in existence on April 1, 2017 does
not have a foundation drain system and a foundation drain system is
installed on the property, the system may be connected, but shall not
be required to connect, to the public storm drainage system. The
foundation drain system shall be installed in compliance with all
applicable codes so as to not create a nuisance to the public.
MARCH 14, 2017 MARCH 28, 2017 17-111 17-161 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 3. That Section 20-13 of the Oshkosh Municipal Code pertaining to Penalties is
hereby renumbered Section 20-14 and that Section 20-13 of the Oshkosh Municipal Code
pertaining to Lead Service Line Replacement is hereby created to read as follows:
SECTION 20-13 LEAD SERVICE LINE REPLACEMENT
(A)Intent and Purpose. 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;
(S) Authorization. This ordinance is enacted pursuant to Sec. 62.11(5) and
Sec. 281.45, Wis. Stats., and as mandated by 42 U.S.C. Sec. 300g, of the
Federal Safe Drinking Water Act, enforced by the EPA and the WDNR.
(C) Policy. Implementation of lead water service line replacement will be
governed by a separate policy adopted by resolution of the Common
Council.
(D) Private-Side Service Line Identification. Water services, serving private or
public property, shall be surveyed for service line material. Upon notice
from the City, any person who owns, manages, or otherwise exercises
control over a property served by the Oshkosh Water Utility shall allow
the City to inspect the private-side water service line or have the private-
side water service line inspected by a licensed plumber to determine
whether the service line is lead or other material. The property owner or
MARCH 14, 2017 MARCH 28, 2017 17-111 17-161 ORDINANCE
FIRST READING SECOND READING CONT'D
Licensed Plumber, on behalf of the property owner, must submit a
completed inspection report on a form prescribed by the City.
(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 Both
Lead Non Lead Public Only
Non Lead Lead Private Only
(2) All 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.
(3) Property owner or Licensed Plumber, on behalf of property owner shall
notify City when a partial replacement or repair of a lead water service
line is performed.
(F) Financing of Replacement. In the event funding is made available for this
purpose through any means, a property owner may apply to the City for
financing of a portion of the cost of replacing a private-side lead water
service line under the terms of such financing program. As a condition of
receiving any available financing from the City, the property owner must
provide adequate documentation demonstrating the Licensed Plumber
completed the work in compliance with all applicable requirements.
MARCH 14, 2017 MARCH 28, 2017 17-111 17-161 ORDINANCE
FIRST READING SECOND READING CONT'D
(G) Filing False Statements.
(1) It shall be unlawful for any person to file a false statement in
connection with this ordinance.
SECTION 5. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted ordinance #17-161 CREATE SECTION 17-33(V) OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO DOWNSPOUTS, SUMP PUMPS AND OTHER
CONCENTRATED DISCHARGES; REPEAL AND RECREATE SECTION 20-8(C)(3) OF
THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO MANDATORY
CONNECTIONS TO THE PUBLIC STORM SEWER SYSTEM AND CREATE SECTION
20-13 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO LEAD
SERVICE LINE REPLACEMENT (A GENERAL ORDINANCE OF THE CITY OF
OSHKOSH CREATING SECTION 17-33(V) OF THE CITY OF OSHKOSH MUNICIPAL
CODE PERTAINING TO DOWNSPOUTS, SUMP PUMPS AND OTHER
CONCENTRATED DISCHARGES; REPEALING AND RECREATING SECTION 20-
8(C)(3) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO
MANDATORY CONNECTIONS TO THE PUBLIC STORM SEWER SYSTEM AND
CREATING SECTION 20-13 OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO LEAD SERVICE LINE REPLACEMENT) on March 28, 2017. The
ordinance adds downspout, sump pump and other concentrated discharges onto the
public right of way to the list of public nuisance property conditions within the
municipal code. The ordinance will also require any new building with a sump pump
to have the sump pump discharge connected to the City's public storm drainage system
or allow the property owner to connect to the storm sewer system within one year of
installation of the public storm drainage system. The ordinance allows buildings with
operating foundation drains in existence on the effective date of adoption of this
ordinance to continue in operation so long as those systems do not create a public
nuisance. The ordinance allows buildings in existence on the effective date of adoption
of this ordinance that do not have operating foundation drains to install a foundation
drain and either connect to the public storm drainage system or operate the system in
manner that does not create a public nuisance. The ordinance also creates a new section
of the municipal code pertaining to lead service laterals which requires the replacement
MARCH 14, 2017 MARCH 28, 2017 17-111 17-161 ORDINANCE
FIRST READING SECOND READING CONT'D
of lead service laterals to any property when repairs or partial replacements of lead
laterals is done.
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.
Examples of concentrated discharges
Examples of concentrated discharges
Examples of concentrated discharges
Pilot Program Lead Service Line
Replacement Policy
Contents
1. Acronyms and Definitions
2. Background and Purpose
3. Authorities
4. Replacement Requirements
5. Notice
6. Exception
7. Responsibilities of the City
8. Responsibilities of Private -Side LSL (
9. Financing Private -Side LSLR by City
1. Acronyms and
"Child care facility" shall mean any state -licensed or county -certified child care facility
including, but not limited to, licensed family child care, licensed group centers, licensed day
camps, certified school-age programs, and Head Start programs.
"City" shall mean City of Oshkosh.
"Confirmed water sample test" shall mean a tap water analysis completed after a prior analysis
that indicated lead levels at the EPA action level and conducted in accordance with the Lead
and Copper Rule, with 'Sec. NR 809.547, Wis. Adm. Code., and with instructions provided by
the City.
"Federal Safe Drinking Water Act" shall mean 42 U.S.C.A. Sec. 300f -300j-26.
"GIS" shall mean Geographic Information System.
"High-risk lead service" shall mean any lead water service line where a confirmed water
sample test of a customer's tap water reveals a lead concentration at or above the EPA action
level.
"Lead and Copper Rule" (LCR) shall mean the rule created by the EPA and adopted by the
WDNR in response to the passage of the Safe Drinking Water Act, which provides maximum
contaminant -level goals and national primary drinking water regulations for controlling lead
and copper in drinking water including approved corrosion -control treatment techniques, lead
service line replacement, and public education. The rule may be found in 56 FR 26460, 40 CFR
part 141.80-141.90, and Chapter NR 809.541-NR809.55, Wis. Adm. Code.
"Lead Service Line" (LSL) shall mean a water service line containing any portion made of lead.
"Lead Service Line Replacement" (LSLR) shall mean full replacement of an LSL.
L•\ENGINEERING\LEAD SERVICE LATERAL REPLACMENT\LSLR Page 1 of 5
POLICY 20170308.DOCX g
"Licensed Plumber" shall mean a person, firm, corporation, or other entity licensed to perform
plumbing work in the City by the State of Wisconsin.
"Ordinance" shall mean City of Oshkosh Municipal Code, Chapter 20 - Plumbing.
"ppb" shall mean parts per billion.
"Private -side water service line" shall mean the water pipe running from the customer's meter
to the curb stop, which is the Water Utility shut-off valve. This portion is owned and is the
responsibility of the property owner to maintain.
"Public -side water service line" shall mean the water pipe running from the City's water main
to and including the curb stop, which is the Water Utility shut-off valve.
"SDWLP" shall mean the Safe Drinking Water Loan Program.
"water service line" shall mean the pipe that connects the water.main to the customer's meter.
"Water Utility" shall mean the City of Oshkosh public water system, also known as Oshkosh
Water Utility.
"WDNR" shall mean the Wisconsin Department of Natural Resources.
"USEPA" shall mean the United States Environmental Protection Agency.
2. Background and Purpose
The City of Oshkosh (City) has several thousand leadservice lines (LSLs), located on both
public and private property as of 2017. The federal Lead and Copper Rule under the Safe
Drinking Water Act requires that samples taken at customers' taps have less than 15 parts per
billion (ppb) lead. To comply with the LCR, the City controls LSL corrosion with the addition
of a phosphate -based corrosion inhibitor and a pH adjustment chemical at the water treatment
plant. For several years, the City has replaced the public portion of LSLs in conjunction with
water main replacements; however, the corresponding private portions of the LSLs were not
replaced because Wisconsin regulations prohibit use of water utility funding on private
property.
Recent scientific studies, proposed changes in LCR sampling procedures, and incidents of
elevated lead levels in public water systems have driven regulators and municipalities to
reconsider LCR requirements, regulatory compliance, LSL replacement policies, and public
communication about lead and drinking water.
To reduce the potential exposure to lead in drinking water, the City adopted revisions to the
City of Oshkosh Municipal Code Chapter 20 - Plumbing to make mandatory full lead water
service line replacement (LSLR). This policy describes how new LSLR code requirements will
be implemented.
Revisions to the policy are anticipated following the initial implementation of pilot LSLR
program.
L\ENGINEERING\ LEAD SERVICE LATERAL REPLACMENT\LSLR Page2of5
POLICY 20170308.DOCX
3. Authorities
The authority for implementation of the policy are federal, state, and local regulations described
in the following subsections:
Federal Safe Drinking Water Act (SDWA). The SDWA was enacted into law in 1974 to protect
the quality of drinking water in the United States. It gave the United States Environmental
Protection Agency (USEPA) authority to set drinking water quality standards and requires all
owners and operators of public water systems to meet these standards. In 1991, USEPA
published the federal Lead and Copper Rule (LCR) to control lead and copper in drinking
water.
Wisconsin Administrative Code Chapter NR 809—Safe Drinking Water. The USEPA has
designated the Wisconsin Department of Natural Resources (WDNR) as the "Approval
Authority" responsible for oversight of implementation of the SDWA and its rules and
amendments in the state of Wisconsin. This code generally repeats the federal lead and copper
regulations.
City of Oshkosh Municipal Code Chapter 20 — Plumbing (Ordinance). The LCR gives public
water systems authority and responsibility to implement necessary local regulations.
Provisions in Chapter 20 of the Municipal Code apply to LSLR, and form the basis for the LSLR
Policy, including 20-13 Lead Service Line Replacement and 20-14 Penalties.
A��
4. Replacement Requirements
The LSL shall be replaced whenever any of the following occurs
A. A leak or failure has been discovered on either the private -'or public -side of the LSL.
B. A portion of a LSL is replaced or repaired.
The remaining lead portion of the water service line shall be completely replaced within 180
days of any repairs.
No permanent repairs to the lead portion of a water service line shall be allowed.
5. Notice
In the event of a water service line' leak, failure, or emergency replacement of the public -side
LSL, the City shall provide written' notice to the property owner that replacement of the
private -side LSL is required with 6 months of the leak, failure, or emergency replacement of the
public -side LSL.
In the event of a planned replacement of the public -side LSL, the City shall provide written
notice of the private -side LSL replacement requirement to the property owner at least 30 days
prior to the commencement of the planned replacement of the public -side LSL.
In the event of a water service line leak, failure, or emergency replacement of the private -side
LSL, the City is required to replace the public -side LSL within 180 days of the temporary repair
or emergency replacement of the private -side LSL being completed.
1:\ENGINEERING\LEAD SERVICE LATERAL REPLACMENT\LSLR Page 3 of 5
POLICY 20170308.DOCX g
6. Exception
The City may, at its discretion, grant a temporary exception to Subsection 4, provided that
doing so will not create a threat to the health, safety, or welfare of the public. When considering
exceptions, the City may look at factors including, but not limited to: scheduled replacement or
whether the lateral is in service. The maximum time extension shall be one additional year
beyond the 180 days allowed.
7. Responsibilities of the City
The City shall:
A. Create LSL and LSLR database.
B. Prioritize replacement LSLs to maximize efficient use of public funds and minimize
potential risks to public health by replacing LSLs in conjunction with water main
replacement projects, and replacing LSLs at child day care facilities, schools, and high-risk
lead services.
C. Complete the City's home inspection form or provide form to Licensed Plumbers.
D. For planned LSLRs as part of City water main replacement projects, the City -shall contract
with a private -side LSLR contractor: The private -side LSLR contractor shall prepare and
submit private -side cost estimate to each private -side LSL owner. The private -side LSLR
contractor and the water main replacement contractor shall coordinate their respective
activities to minimize impacts to private; property owners. The City shall provide a
standard agreement for private -side LSLR. The Director of Public Works shall be
authorized to sign the private -side LSLR agreements on'behalf of the City.
E. When funds are available to subsidize private -side LSLR, City shall:
a. Provide to private property owners a private -side LSLR financial subsidy, equal to fifty
percent (50%) of the total, cost of the LSLR up to a maximum of $1,500.
b. Pre -qualify Licensed Plumbers)/contractors to perform private -side LSLRs.
c. Provide list of pre -qualified Licensed Plumber(s)/contractors to private property owners.
F. Provide lead filter devices for temporary use during LSLR work.
G. Provide public information on health risks associated with lead in drinking water and ways
to reduce potential risks.
H. Provide information to private property owners regarding their responsibility and resources
that may be useful in meeting their responsibility.
I. React appropriately to noncompliance with communication, and, if necessary and
appropriate, with enforcement as allowed under the Ordinance.
8. Responsibilities of Private -Side LSL Owners
Upon receipt of the notice in Subsection 5, the private -side LSL owner shall:
A. Allow the City or hire a licensed plumber to complete City -approved water service line
inspection.
L\ENGINEERING\LEAD SERVICE LATERAL REPLACMENT\LSLR Page 4 of 5
POLICY_20170308.DOCX g
B. Obtain and approve a cost estimate and contract for LSLR work.
C. Coordinate as necessary to complete timely replacement of LSL.
a. When the LSLR is being done with a City water main replacement project, the LSLR
work must be performed by the City's contractor and the owner must allow completion
of LSLR prior to street paving to be cost -share eligible.
b. When LSLR is being performed as the result of a leak, failure, or an emergency repair
(not related to a City water main replacement project), LSLR must be performed by City -
prequalified Licensed Plumber/contractor to be cost -share eligible.
D. Allow final inspection by City of Oshkosh Plumbing Inspector.
E. Replace the private -side LSL at the owner's expense by contracting with a Licensed
Plumber. The work shall be performed in accordance with all applicable state and local
regulations and utility standards.
9. Financing Private -Side LSLR by City'
When a designated funding source is available and within pilot programeligibility
requirements, the City will subsidize the cost of private -side LSLR by fifty percent (50%) up to a
maximum of $1,500 per parcel. The City will pay the LSLR contractor directly. The City will
bill the property owner the remaining balance as a Special Charge.
Special Charges are due upon receipt; state statutes prohibit financing options.
SDWL funding can only be used for LSLR costs associated with private homes, K-12 schools,
and licensed day care centers. It does not cover costs for replacing private lead service lines to
commercial and business properties, except in instances where a building contains both a
business and a residence
I: \ ENGINEERING \ LEAD SERVICE LATERAL REPLACMENT \ LSLR Page 5 of 5
POLICY_20170308. DOCX