City of New Lisbon, WI Article IV Lead and Galvanized Water Service Replacement Program

[Adopted 5-17-2021 by Ord. No. 0420-21-02]

§ 467-16 Intent and purpose.

A. The Common Council of the City of New Lisbon finds that it is in the public interest to establish a comprehensive program for the removal and replacement of lead and galvanized water service laterals in use within both the City of New Lisbon Utilities water system (Utility) and in private systems and to that end declares the purposes of this ordinance.

(1) To ensure the water quality at every tap of Utility customers meets the water quality standards specified under the Federal Safe Drinking Water Act;

(2) To reduce the lead in City drinking water to meet Environmental Protection Agency (EPA) standards and ideally to reduce lead contaminant level to zero in City drinking water for the health of City residents;

(3) To eliminate the constriction of water flow caused by mineral-rich surface water flowing through lead and galvanized water service pipes and the consequent buildup of mineral deposits inside lead and galvanized pipes;

(4) To meet the Wisconsin Department of Natural Resource (WDNR) requirements for local compliance with the Lead and Copper Rule (see 56CFR6460; Title 40 CFR part 141.80-141.91 and Chapter NR 809.54-809.55 Wisconsin Administrative Code).

§ 467-17 Replacement.

A. Owner to replace lead and galvanized service. Existing lead and galvanized water service laterals connected to the Utility shall be replaced with water service laterals made of suitable material and at the owner's expense. Replacement shall be completed either before or in conjunction with the next Utility project in the area of the affected property or when a leak or failure has been discovered on privately owned portion of the service line. No repair of a privately owned lead water service line, or reconnection of a privately owned lead water service line to a utility-owned water service line, shall be permitted under any circumstances.

(1) Affected property owners may contract with a licensed contractor, preapproved by the City, to complete the replacement. If the property owner selects this option, the lead or galvanized water service lateral shall be replaced before the start of or during construction of the Utility project; or

(2) If available, affected property owners may have the Utility contractors complete the replacement.

B. The Utility may, as part of any water project, add an alternative to the Utility's contract requesting unit bid prices for the calculation of the cost for private lead or galvanized water service lateral replacement. This will include removing the entire lateral from the main to the inside of the house and replacing all lead or galvanized piping with suitable material.

C. If available, and should the property owner select this option, the property owner will be charged the entire cost of the removal and replacement. In addition, all restoration will be the responsibility of the property owner (for example, top soil, concrete, steps, asphalt, bushes, and porches).

§ 467-18 Utility water system construction requirements.

A. Notification to property owners. Property owners in the project area will be notified, in writing, of capital improvement projects involving public water mains or replacement of lead services on the Utility side. The notification shall be at least 30 days prior to commencement of the construction.

B. Inspection required. The Director of Public Works or their designee shall inspect all private connections to the public water mains for the presence of lead or galvanized pipe prior to, if possible, or at the time that the Utility system is to be reconstructed and if unable to gain access for inspection, may pursue an inspection warrant. In the event that a private water service lateral is found to contain lead or galvanized pipe the Director of Public Works or designee shall immediately notify the owner, in writing, of that fact along with information about the Utility's lead or galvanized water service lateral replacement program.

C. The affected property owner shall provide proof of arrangements for replacement of the lead or galvanized water service lateral to the Director of Public Works or their designee within 30 days of the date of the notification letter.

§ 467-19 Utility financial assistance.

A. The Utility may provide financial assistance to the owner of the property to which water utility service is provided for the purpose of assisting the owner in replacing customer-side water service lines containing lead. The financial assistance must satisfy all the following conditions:

(1) Any loan provided may not be forgiven by the Utility or the City.

(2) Grants that are provided by the Utility are limited to no more than 100% of the total cost to the owner of replacing the lead service.

(3) The amount of financial assistance must be the same for each owner in a customer class, be it a fixed amount or a percentage of the replacement cost.

(4) The financial assistance program must be approved by the Public Service Commission of Wisconsin.

§ 467-20 Authority to discontinue service.

A. As an alternative to any other methods provided for obtaining compliance with this section regarding replacement of the illegal private lead or galvanized water service lateral, the Utility may, after at least 30 days of giving notice, discontinue water service to such property served by illegal private lead or galvanized water service laterals after reasonable opportunity has been given to make the appropriate replacement.