§ 13.18. LEAD WATER SERVICE LINE REPLACEMENT.
(1)
Intent and Purpose . The Common Council of the City of Madison finds that it is in the public interest to establish a comprehensive program for the removal and replacement of lead pipe water service lines in use within the Madison Water Utility system and to that end declares the purposes of this ordinance to be as follows:
(a)
to ensure that the water quality at every tap of Madison Water Utility customers meets the water quality standards specified under the Federal Safe Drinking Water Act; and
(b)
to reduce the lead in City drinking water to meet EPA standards and ideally to a lead contaminant level of zero in City drinking water for the health of City residents; and
(c)
to eliminate the constriction of water flow caused by mineral rich ground water flowing through lead water service pipes and the consequent buildup of mineral deposits inside lead pipes; and
(d)
to meet the WDNR requirements for local compliance with the federal Lead and Copper Rule.
(Am. by ORD-07-00140, 10-18-07)
(2)
Rules of Construction and Definitions . This ordinance and all rules and orders promulgated under this ordinance shall be liberally construed so that the purposes enumerated in Subsection (1) may be accomplished. Words and phrases shall be construed and understood according to their common and usual meaning unless the contrary is clearly indicated. Within this section:
"City" means City of Madison.
"Customer-side water service line" means the water conduit pipe running from the customer's meter to the curb stop which is the Water Utility shut-off valve usually located eight feet into the street right-of-way from a private property line.
"EPA" means the U.S. Environmental Protection Agency.
"Federal Safe Drinking Water Act" means 42 U.S.C.A. Sec. 300f-300j-26.
"General Manager" means the Water Utility General Manager.
"Lead and Copper Rule" means 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 (NPDWR) for controlling lead and copper in drinking water. NPDWR regarding approved treatment techniques include corrosion control treatment, source water treatment, lead service line replacement and public education. The rule may be found in 56 FR 26460, 40 CFR part 141.80-141.90, and Wis. Adm. Code chs. NR 809.541-NR 809.55.
"Licensed plumber" means a person, firm, corporation or other entity licensed to perform plumbing work in the City by the State of Wisconsin.
"Property" means any possessory interest, legal or equitable, in real property including an estate, trust, or lien, and any buildings, structures and improvements thereon.
"Water Utility" means the City of Madison public water utility system, also known as Madison Water Utility.
"WDNR" means the Wisconsin Department of Natural Resources.
(3)
Authorization . This ordinance is enacted pursuant to Wis. Stats. §§ 62.11(5) and 281.12(5), and as mandated by 42 U.S.C. Sec. 300g, of the Federal Safe Drinking Water Act, enforced by the EPA and the WDNR.
(4)
Lead Service Line Replacement . Owners, managers or persons otherwise exercising control over properties within the Madison Water Utility system with lead customer-side water service lines in use shall replace the lead customer-side water service lines according to the following schedules:
(a)
All lead customer-side water service lines discovered prior to November 1, 2015 shall be replaced immediately.
(b)
All lead customer-side water service lines discovered on or after November 1, 2015 shall have no longer than one-year from discovery to be replaced.
(Am. by ORD-07-00140, 10-18-07)
(5)
Application and Scheduling .
Owners, managers or persons otherwise exercising control over properties shall obtain from and submit to the Water Utility, in accordance with its service rules, an Application for Water Service which states an intention to replace the lead customer-side water service line.
(6)
Financing of Replacement .
(a)
The Water Utility may, contingent on availability of funding, administer lead service replacement reimbursement program. Upon application to the Water Utility, owners, managers or persons otherwise exercising control over properties with lead customer-side water service lines who replaced such lines after November 1, 2016, in accordance with applicable Utility rules, guidelines and schedules, and who have complied with all of the provisions of this ordinance will be eligible for a reimbursement payment not to exceed fifty percent (50%) of the cost of replacement of any lead customer-side water service line in use, up to a maximum of $1,500 for each service line replaced. Application for reimbursement must include, as documentation of replacement and cost, a payment receipt from a licensed plumber for replacing the lead customer-side water service line at the subject property. Disputes regarding eligibility for reimbursement may be appealed to the Water Utility Board. (Cr. by Ord. 12,558, 4-7-00; Am. by ORD-07-00099, 8-03-07)
(b)
An eligible property owner, as defined in Section 4.082(2), Madison General Ordinances, may apply to the City for financing of any portion of the cost of replacing a lead customer-side water service line that is not reimbursed under Subsection (6)(a). If approved, the amount financed shall be a special charge against the owner and treated as such in accordance with the provisions of Section 4.082 and 4.09, Madison General Ordinances. Applications for financing of costs for replacing lead customer-side water service lines must include documentation of the eligibility criteria contained in Section 4.082(2), Madison General Ordinances, and of the cost of replacing the water service lines.
(7)
Prohibitions .
(a)
It shall be unlawful for any person to fail to comply with the applicable lead customer-side water service line replacement requirements as set forth in Subsection (4).
(b)
It shall be unlawful for any person to violate any other provision of this ordinance.
(8)
Penalties .
(a)
Any person who violates any provision of this ordinance may be subject to a forfeiture of no less than fifty dollars ($50) and no more than one thousand dollars ($1,000). (Am. by Ord. 13,500, 1-23-04)
(b)
Each day a violation continues may be considered a separate offense.
(Sec. 13.18 Cr. by Ord. 12,544, 2-18-00; Am. by ORD-17-00013, 2-20-17)