[Adopted 3-15-2021 by Ord. No. 2021-02]
Lead service lines pose a threat to the public health based
on the potential for leeching of lead into drinking water. The Board
of Trustees therefore finds that it is in the public interest to establish
a comprehensive program for the removal and replacement of lead water
service lines in use within the Water Utility system and to that end
declares the purposes of this article to be as follows:
A.
To ensure that the water provided by the Water Utility meets the
water quality standards specified under the federal Safe Drinking
Water Act; and
B.
To further protect the health and welfare of Village residents and
users of Village water; and
C.
To meet the requirements of the Wisconsin Department of Natural Resources
for local compliance with the federal Lead and Copper Rule; and
D.
To accomplish the eventual replacement of all lead water service
lines in use in the Village.
This article is enacted pursuant to § 61.34(1), § 66.0911
and § 281.45, Wis. Stats.; and as mandated by the federal
Safe Drinking Water Act, the National Primary Drinking Water Regulation
for Lead and Copper, otherwise known as the federal Lead and Copper
Rule, and related regulations enforced by the Environmental Protection
Agency and the Wisconsin Department of Natural Resources.
A.
All existing private lead service lines connected to the Water Utility shall be replaced at the property owner's expense with water service lines constructed of materials approved by the Water Utility. Existing lead service lines shall be replaced as provided in § 325-28.
B.
As of the effective date of this article, no repair of a privately
owned lead service line or reconnection of a privately owned lead
service line to a Water Utility-owned water service line shall be
permitted.
A.
Utility-side lead service lines shall be replaced as part of a street
reconstruction project.
B.
Before undertaking a street reconstruction project or a project involving
the replacement of the utility-side lead service line or other utility
service lines, the Water Utility shall identify those properties that
connect to the utility-side lead service line or other utility service
lines planned for replacement or that abut the street reconstruction
project.
C.
Prior to scheduling a street reconstruction project or a project
involving the replacement of the utility-side lead service line or
other utility service lines, a certified Water Utility operator or
Water Utility employee proficient at determining lead service line
materials shall inspect all connected and affected property owner-side
service lines for the presence of lead.
D.
If a property owner's service line is found to be constructed
of lead, Water Utility shall notify the property owner in writing
of the following:
E.
Upon receipt of a notice under preceding subsection, the property
owner shall, within 21 business days, do one of the following:
(1)
Replace the lead service line at the property owner's expense by contracting with a licensed contractor. The work shall be performed in accordance with all applicable state, local and utility regulations, and as provided in Subsection F below.
(2)
Elect to have a Village contractor replace the lead service line
as part of the street reconstruction project or the project involving
the replacement of the utility-side lead service line or other utility
service lines. A property owner electing to have a Village contractor
replace the property owner's lead sewer service line replacement
shall, prior to the commencement of this work:
(a)
Execute a hold-harmless agreement holding the Village harmless
and free from any claim or liability for damage done in performance
of the lead service line replacement work.
(b)
Execute a temporary right of entry and construction easement
authorizing the Village and its contractor access into the dwelling
as needed in order to complete the connection.
F.
If a property owner elects to replace the lead service line at the
property owner's expense, the following regulations shall apply:
(1)
At least seven days prior to the date of the scheduled replacement
of the utility-side service line or the reconstruction of utility
facilities or of the street abutting the affected property, the Water
Utility shall notify the property owner in writing of the scheduled
date of replacement of the utility-side lead service line or other
utility service lines or of the street reconstruction abutting the
affected property.
(2)
Within 21 days of receipt of the replacement notice, the property
owner must schedule the replacement of the lead service line to coincide
with the scheduled replacement of the utility-side lead service line
or other utility service or of the street reconstruction abutting
the affected property. The property owner shall promptly notify the
Water Utility that the replacement of the lead service line has been
scheduled and shall provide the name of the plumbing contractor who
will complete the replacement work.
(3)
The property owner's lead service line replacement work must be completed at the same time as the utility-side lead service line service line is replaced unless an extension is allowed. Failure to commence replacement of the property owner's lead service line as required by this article or to complete such work within a reasonable time after commencement of the work may subject the property owner to the penalties set out in § 325-30.
If the property owner elects to have a Village contractor replace
the property owner's lead service line as part of a street reconstruction
project or a project involving the replacement of the utility-side
lead service line or other utility service lines, the cost of replacing
the privately owned portion of the lead service line shall be determined
and paid as follows:
A.
The Water Utility shall determine the cost to replace the property
owner's lead service line as part of a street reconstruction
project or a project involving the replacement of the utility-side
lead service line or other utility service lines, and shall notify
the property owner in writing of that determination and the basis
for it.
B.
The owner's share of the cost shall be assessed to the property
as a special assessment.
(1)
Upon receipt of an invoice for this special assessment from the Village,
the owner may pay the invoice, without interest, by making payment
to the Village within 45 days of the date of the invoice.
(2)
If the invoice is not paid in full within the specified time, the
total amount of the principal of the invoice remaining unpaid shall
be spread equally over the first available and next succeeding two
tax rolls. In addition to the principal remaining, interest shall
be added commencing after the billing date of the invoice. A forty-five-day
grace period for payment shall be granted from the date of billing.
If the invoice is not paid within the grace period, interest shall
be charged on any remaining balance as of the date of the billing.
The interest rate charged shall be 3% per annum or the cost of capital
plus 1%, whichever is larger.
(3)
After being placed on the tax roll in annual installments, the amounts
of the special assessments shall be paid within the time allowed for
the payment of general property taxes. If the property owner fails
to pay a special assessment within the time allowed for payment, it
shall become delinquent and shall be treated in the same manner and
subject to the same laws as a delinquent general property tax.
In addition to all other penalties as provided by § 1-4 of the Village Code, any property owner violating any provision of this article shall, upon conviction, be punished by forfeiture of not less than $100 nor more than $400 and the cost of prosecution. Each day of violation is a separate offense.
