HomeMy WebLinkAbout33. 18-54 JANUARY 23, 2018 18-54 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE 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 Water Service Line Replacement; and
WHEREAS;on June 13,2017 the Common Council approved the Pilot Program Lead
Service Replacement Policy; and
WHEREAS;the Pilot Program Policy no longer applies;therefore,a policy is needed
for the long-term Lead Service Line Replacement Program.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Lead Water Service Line Replacement Policy is hereby approved.
Citof�
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: James Rabe, Director of Public Works/ (/
DATE: January 18, 2018
RE: Approve 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 lines. At the June 13, 2017
meeting, the Common Council approved the Pilot Program Lead Service Replacement Policy.
With the completion of the 2017 Lead Service Line Replacement Pilot Program, the Pilot Program
Policy no longer applies. Therefore, a policy is needed for the long-term Lead Service Line
Replacement Program.
ANALYSIS
As Council is aware, lead water service lines pose a potential health risk, especially to young
children. In 2017, 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 lines from the system. The City will again receive this $500,000 principal forgiveness loan
for 2018.
The Policy maintains the reimbursement rate at fifty percent (50%) of the cost of replacing the
private -side lead water service line with a maximum reimbursement of $1,500, as was established
in the Pilot Program Policy. The Policy also maintains 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 includes reimbursement of up to seventy five percent
(75%) of the cost of private -side lead water service line replacement for properties that are at or
below the eighty percent (80%) median income and up to one hundred percent (100%) of the cost
for properties at or below fifty percent (50%) of the median income. Once the private -side lead
water service line replacement work is completed, the City would issue a two-party check to the
property owner and the Licensed Plumber/Utility Contractor.
The only addition to the Pilot Program Policy included in this Policy is language to include
property owners who specifically request to have their lead service line replaced.
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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 up to the maximum
amount of the Principal Forgiveness Loan. The Policy indicates that reimbursements are only
available as long as a designated funding source is available.
RECOMMENDATIONS
I recommend approval of the proposed Lead Service Line Replacement Policy.
Approved,
Mark A. Rohloff
City Manager
JER/tlt
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Lead -PolicAx
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
1. Acronyms and Definitions
"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 Chapter 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 by the property
owner 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 has several thousand lead service lines 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 fifteen (15) parts per billion 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 mandatory. This policy describes how LSLR requirements in the Municipal Code
will be implemented.
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•
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 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 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 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 Section 20-13 Lead Service Line Replacement and Section 20-14 Penalties.
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.
C. A request is made by a property owner to replace the private -side LSL.
The remaining lead portion of the water service line shall be completely replaced within one
hundred eighty (180) days of any repairs.
No permanent repairs to the lead portion of a water service line shall be allowed.
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 one hundred eighty (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 thirty (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 one hundred eighty (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 (1) additional year
beyond the one hundred eighty (180) days allowed.
7. Responsibflifies Oft e City
The City shall:
A. Create LSL and LSLR database.
B. Create a voluntary LSL replacement list based upon requests from property owners.
C. 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; replacing LSLs at child day care facilities, schools, and high-risk lead services;
replacing LSLs from approved property owner requests; and replacing LSLs from completed
water main projects where the private -side LSLs were not replaced.
D. Complete the City's home inspection form or provide form to Licensed Plumbers)/Utility
Contractor(s).
E. 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.
F. 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 Plumbers)/Utility Contractor(s) to private property
owners.
G. Provide lead filter devices for temporary use during LSLR work.
H. Provide public information on health risks associated with lead in drinking water and ways
to reduce potential risks.
I. React appropriately to noncompliance with communication, and, if necessary and
appropriate, with enforcement as allowed under the Ordinance.
Upon receipt of the notice in Section 5, or upon approval from the City of a submitted request
from the property owner, 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. Contact the City of Oshkosh Plumbing Inspector for a final inspection in a timely manner.
E. Pay Licensed Plumber/Utility Contractor and provide copy of invoice and proof of payment.
a. Invoice must contain the property address where the LSLR work was performed.
b. Invoice must contain an itemized list of the work completed.
F. Provide a completed copy of the Reimbursement Form along with the paid invoice.
9. Financing Privatc-Side LSLR by City
When a designated funding source is available and within LSLR 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, would be eligible for additional assistance in paying for the private -
side LSLR. This additional assistance would cover up to seventy five percent (75%) of the
cost of the private -side LSLR. If the property owner is below fifty percent (50%) of the median
income, the additional assistance would cover one hundred percent (100%) of the cost 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 proposed or completed City water main
replacement project; if LSL must be replaced as the result of a leak, failure, or emergency
repair; or is a City -approved request from the property owner.
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