HomeMy WebLinkAbout12. 17-280 JUNE 13, 2017 17-280 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PILOT PROGRAM LEAD SERVICE LINE
REPLACEMENT POLICY
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh previously adopted an ordinance requiring the
replacement of lead water service laterals; and
WHEREAS, the ordinance specifies that the City will adopt a policy for
implementation of a Program for Lead Service Line Replacement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Pilot Program Lead Service Line Replacement Policy is hereby
approved.
City
of�
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the C mon Council
FROM: James Rabe, Director of Public Works
DATE: June 8, 2017
RE: Approve Pilot Program Lead Service Line Replacement Policy
BACKGROUND
At the March 28, 2017 meeting, the Common Council approved creating Section 20-13 of the Municipal Code
of the City of Oshkosh pertaining to lead water service laterals. In addition to approving the creation of
Section 20-13 of the Municipal Code, the Common Council received a copy of the Pilot Program Lead Service
Line Replacement Policy (Policy) that provides direction to staff and residents on how the pilot program will
be implemented. At the May 9, 2017 meeting, the Common Council rejected bids for public construction
of the private -side lead water service lateral replacement projects due to significantly higher than
anticipated costs. Rejecting bids for the public construction required staff to update the Policy as initially
proposed. With these changes, Council may now formally adopt the Policy.
ANALYSIS
As Council is aware, lead water service laterals pose a potential health risk, especially to young children.
The City received a $500,000 principal forgiveness loan through the Safe Drinking Water Loan (SDWL)
program to facilitate the start of removing private -side lead water service laterals from the system.
The initially -proposed Policy included language relating to the public construction of the private -side lead
service lateral replacements. Due to the significantly higher than anticipated costs resulting in rejection of
those bids, the proposed Policy requires updating to implement a "pre -qualified plumber/utility
contractor" list for property owners to contract directly with. The City issued a "Request for Qualifications"
seeking plumbers/utility contractors desiring to become pre -qualified to perform the private -side lead
service lateral replacements. Property owners then contact the companies on that list to request quotations
to have their lead water service lateral replaced. The pre -qualified plumber/utility contractor list is
available on the City's website, along with the other lead water service lateral replacement information.
The initially -proposed Policy also set the reimbursement rate at fifty percent (50%) of the cost of replacing
the private -side lead water service lateral with a maximum reimbursement of $1,500. The final version of
the Policy includes language that will allow additional assistance for property owners that are at or below
eighty percent (80%) of the median income based on family size, as established by the U. S. Department of
Housing and Urban Development for a given year. This additional assistance may include reimbursement
of up to one hundred percent (100%) of the private -side lead water service lateral replacement. Once the
private -side lead water service lateral replacement work is completed, the City would issue a two-party
check to the property owner and the Licensed Plumber/Utility Contractor.
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FISCAL IMPACT
There is no fiscal impact to the City related to approving the Policy. The SDWL principal forgiveness loan
reimburses the City for expenses incurred in this program.
RECOMMENDATIONS
I recommend approval of the proposed Pilot Program Lead Service Line Replacement Policy.
Approved,
Mark A. Rohloff
City Manager
IER/tlt
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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 Owners
9. Financing Private -Side LSLR by City
"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 USEPA action level.
"Lead and Copper Rule" (LCR) shall mean the rule created by the USEPA 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.
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"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.
• .�•• ;'.
The City of Oshkosh (City) has several thousand lead service 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 full lead water service line
replacement (LSLR) mandatory. This policy describes how new LSLR requirements in the
Municipal Code will be implemented.
Revisions to the policy are anticipated following the initial implementation of pilot LSLR
program.
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UERTH
• I.
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.
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.
ice\• WE
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 within 180 days 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.
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The City may, at its discretion, grant a temporary exception to Section 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 Oft e City
The City shall:
A. Create LSL and LSLR database.
B. Prioritize replacement of 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 provide
information to private property owners regarding their responsibility and resources that may
be useful in meeting their responsibility.
E. When funds are available to subsidize private -side LSLR and the LSLR meets the eligibility
requirements, City shall:
a. Provide to private property owners a private -side LSLR financial subsidy in accordance
with Section 9 of this Policy. Property owners should contact Pete Gulbronson,
Environmental Compliance Manager, at (920)236-5258 to determine eligibility.
b. Pre -qualify Licensed Plumber(s)/Utility Contractor(s) 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. React appropriately to noncompliance with communication, and, if necessary and
appropriate, with enforcement as allowed under the Ordinance.
8. Responsibilities of Private -Side
Upon receipt of the notice in Section 5, the private -side LSL owner shall:
A. Allow the City or hire a licensed plumber to complete City -approved water service line
inspection.
B. Replace the private -side LSL by contracting with a Licensed Plumber/Utility Contractor. The
work shall be performed in accordance with all applicable state and local regulations and
utility standards. It is recommended owners obtain multiple quotes.
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a. Owner must use a pre -qualified Licensed Plumber(s)/Utility Contractor(s) to be eligible
for reimbursement from the City.
C. Coordinate, as necessary, to complete timely replacement of LSL.
D. Allow final inspection by City of Oshkosh Plumbing Inspector.
E. Pay Licensed Plumber/Utility Contractor and provide copy of invoice and proof of payment.
a. Invoice must contain the property address where the LSL work was performed.
b. Invoice must contain an itemized list of the work completed.
r
When a designated funding source is available and within pilot program eligibility requirements,
described below, the City will subsidize the cost of private -side LSLR as noted below:
• Fifty percent (50%) of the cost to replace the LSL up to a maximum of $1,500 per parcel.
Property owners who are at or below eighty percent (80%) of the median income based on
family size, as established by the U.S. Department of Housing and Urban Development
(HUD) for a given year, may be eligible for additional assistance in paying for the private -
side LSLR. This additional assistance may cover up to one hundred percent (100%) of the
private -side LSLR. Once the private -side LSLR work is completed, the City would issue a
two-party check to the property owner and Licensed Plumber/Utility Contractor up to the
total amount of the LSLR.
Eligibility Requirements:
A. Property owners must meet all of the eligibility requirements.
B. 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
water service lines to commercial and business properties, except in instances where a
building contains both a business and a residence.
C. All work must be done in accordance with all sections of this document.
D. The private -side LSLR is within the limits of a City water main replacement project; or if
LSL must be replaced as the result of a leak, failure, or emergency repair.
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