2019-781 FILE ORDINANCE NO. 2019 - 781
An ordinance creating Section 13.04.075 of the Code of General Ordinances requiring
replacement of lead water service laterals (LSLs), with penalties and other relief for
violations thereof as set forth in current JGO 13.04.200.
WHEREAS, having lead in the public drinking water supply could cause health issues with certain
populations; and
WHEREAS, the City of Janesville ("City") is committed to providing the safest drinking water
possible to the residents of the City: and
WHEREAS,the Wisconsin Department of Natural resources("WDNR") is requiring the City to take
action to remove lead from the drinking water supplied to the residents of the City: and
WHEREAS, the most efficient way to remove lead from the drinking water is to remove the source
of the lead: and
WHEREAS, one source of lead in the public drinking water provided by the City is in the private
side lead service lines (a/k/a "lead water services" and "water lateral pipes"); and
WHEREAS,the City has been removing the lead water services on the public side for many years:
and
WHEREAS, the City now will require that private side lead water services be removed by the
applicable property owners, and
WHEREAS, the City will provide funding to the property owners to help offset the cost of the
removal and replacement of the private lead water service.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN
AS FOLLOWS:
SECTION I. Section 13.04.075 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
13.04.075 — Replacement of lead service pipes.
A. Purpose. Lead service lines have the potential to leach lead into drinking water. Disturbing
or reconnecting to an existing lead service line may increase lead levels in drinking water.
Elevated lead levels in drinking water have been determined to cause health problems in
young children, pregnant women and their unborn children, and are also potentially harmful
to adults. The Common Council, therefore, find it in the public interest to establish a
comprehensive program for removing and replacing lead service lines within and connected
to the City's water distribution system.
B. Authority. This Ordinance is enacted pursuant to §§ 62.11(5), 66.0627(8), and 196.372,
Wisconsin Statutes.
C. Definitions. This Ordinance shall be interpreted so that the intent and purpose described
may be accomplished. Words and phrases shall be understood according to common
meanings unless the contrary is clearly indicated. Definitions of terms used in this Section
are listed below:
1. Distribution System. The network of water pipes, including mains and service
lines, owned and operated by the Utility.
2. Housing Services Director.The director or manager of the City Housing Services
Division or their designee.
3. Lead Service Line or LSL. A Water Service Line constructed of lead.
4. Neighborhood & Community Services Director. The Director of the City
Neighborhood & Community Services Department or their designee.
5. Non-Compliance Penalties. Penalties and other relief that may be imposed or
implemented by the City for failure of a person to take action as required by this
Ordinance as provided in Subsection I.
6. Plumbing Contractor. A person, firm, corporation, or other entity owned by or
employing a person, who is licensed by the State of Wisconsin to perform plumbing
work in Wisconsin.
7. Pre-qualified Plumbing Contractor. A Plumbing Contractor that has been placed
on the Utility's Pre-qualified Plumbing Contractor list, pursuant to pre-qualification
standards and procedures established by the Utility.
8. Private Lead Service Line or Private LSL. A Private Service Line constructed of
lead.
9. Private LSL Replacement Costs. The labor and material costs incurred to remove
and replace a Private LSL, including, but not limited to, costs to excavate, backfill,
and replace the turf over the excavation. Private LSL Replacement Costs do not
include costs for property modification needed to facilitate the replacement of the
Private LSL, including, but not limited to, interior or exterior renovations of buildings
or structures to facilitate access-to the Private LSL or changes to interior plumbing
past the inlet to the Property Owner's water meter; restoration of any foundation or
any other surface that is disrupted as part of the replacement; or restoration or
replacement of any trees, bushes, or any other landscaping damaged or removed
as part of the replacement.
10. Private Service Line. The portion of a Water Service Line or LSL owned by a
Property Owner which extends from the outlet of the curb stop to the inlet of the
Property Owner's water meter. The outlet joint of the curb stop is considered to be
part of the Private Service Line.
11. Property. Real property as defined in § 70.03, Wisconsin Statutes.
12. Property Owner. A person, partnership, association, or body politic or corporate,
including an estate or trust, having an ownership interest, legal or equitable, in a
Property, except that a purchaser of a Property under a legally recorded land
contract shall be considered the Property Owner of the Property.
13. PSC. Public Service Commission of Wisconsin.
14. Utility. The Janesville Water Utility, the City Utility responsible for operating the
City's public water system.
15. Utility Lead Service Line or Utility LSL. A Utility Service Line constructed of lead.
16. Utility Director. The Director of the Utility or their designee.
17. Utility Service Line. The portion of a Water Service Line owned by the Utility which
extends from the water main to the outlet of the curb stop, including the curb stop.
18. Water Service Line. The water service line that extends from the Utility's water
main to the inlet of the Property Owner's water meter. A Water Service Line
includes both a Private Service Line and a Utility Service Line.
D. Lead Service Line Replacement Requirement.
1. As provided in this Ordinance, all existing Lead Service Lines (LSLs)which are part
of or connected to the Distribution System shall be replaced with Water Service
Lines constructed of materials approved by the City.
2. Where both a Utility Service Line and a connected Private Service Line are
constructed of lead, the replacement of both sides of the Water Service Line shall be
completed at the same time following the process set out in Subsection F.
3. Where a Private Lead Service Line is not connected to a Utility Service Line
constructed of lead, the replacement of the Private LSL shall be completed under a
schedule established by the Utility.
4. As of the effective date of this Ordinance, no person, other than a Utility employee
or agent, may connect a Private LSL to a non-lead Utility Service Line, except as a
temporary emergency repair.
E. Identification of Private Lead Service Lines.
1. Upon request, a Property Owner of Property connected to the Distribution System
shall permit an authorized Utility employee or representative access to the Property
to inspect the connection between the Private Service Line and the Property
Owner's water meter in order to confirm the Private Service Line's material of
construction.
2. If a Property Owner does not provide access to the Property for such inspection,the
Utility Director is authorized to take the steps necessary to complete the inspection
and confirm the Private Service Line's material of construction, and to issue or seek
the issuance of Non-Compliance Penalties and/or other relief.
3. As an alternative to the Utility inspection, a Property Owner may arrange to have a
Plumbing Contractor perform the inspection and provide inspection results to the
Utility.
4. If the Utility confirms that a Private Service Line is constructed of lead,the Utility will
notify the Property Owner of the requirement to replace the Private Lead Service
Line following the steps detailed in Subsections F. or G., depending on the
circumstance.
5. The Utility shall create and maintain records of all inspected, identified, and replaced
Private Service Lines in the City, until such time that no Lead Service Lines exist,
and otherwise in compliance with Wisconsin's Public Records Laws.
F. Replacement of Private Lead Service Lines in conjunction with replacement of Utility
Lead Service Lines.
1. Utility LSLs will be replaced as part of a City street reconstruction project, if possible.
Before undertaking a project which will replace Utility LSLs, the Utility shall identify
those Properties that connect to the Utility LSLs planned for replacement.
2. Prior to scheduling the replacement of Utility LSLs, a Utility employee, proficient at
determining lead service line materials, shall inspect each connected and affected
Private Service Line to determine whether it is constructed of lead.
3. If a Private Service Line is found to be constructed of lead, the Utility will notify the
Property Owner of that fact in writing. The Utility will also notify the Property Owner
that the Property Owner must replace the Private LSL in conjunction with City's
scheduled replacement of the Utility LSL that is connected to that Private LSL, and
that failure to do so may subject the Property Owner to Non-Compliance Penalties.
This replacement will be at the sole cost and expense of the Property Owner.
4. At least ninety (90) days prior to the date of the scheduled replacement of a Utility
LSL, the Utility shall notify the Property Owner with a connected Private LSL in
writing of the scheduled date of replacement of the Utility LSL.
5. The Property Owner must schedule the replacement of the Private LSL to coincide
with the scheduled replacement of the Utility LSL. Within thirty (30) days of
receiving the replacement notice, the Property Owner shall notify the Utility that the
replacement of the Private LSL has been scheduled and provide the name of the
Plumbing Contractor who will complete the replacement work.
6. Private LSL replacement work must be completed at the same time as the Utility
LSL is replaced. An extension of time may be allowed by the Utility Director only if
the Property Owner demonstrates that there is a compelling need for an extension
and that an extension will not create an imminent threat to the health, safety, or
welfare of the public.
7. Failing to replace a Private LSL as required by this Ordinance may result in the
issuance of Non-Compliance Penalties and/or implementation of other relief.
8. A Property Owner who replaces a Private LSL under this Subsection may be eligible
to receive financial assistance under the program described in Subsection H.
G. Replacement of Private Lead Service Line where only the Private portion of the Water
Service Line is Lead.
1. If the Utility confirms that a Private Service Line is constructed of lead and notifies
the Property Owner of that fact in writing as provided by Subsection E., the Property
Owner must, unless Subsection F. applies, arrange for the replacement of the
Private LSL to be completed by the deadline established in Paragraph D. 3. An
extension of time may be allowed by the Utility Director only if the Property Owner
demonstrates that there is a compelling need for an extension and that granting an
extension will not create an imminent threat to the health, safety, or welfare of the
public.
2. Failing to complete the replacement of the Private LSL within the required time
period may result in the issuance of Non-Compliance Penalties and/or
implementation of other relief.
3. A Property Owner who replaces a Private LSL under this Subsection may be eligible
to receive financial assistance under the program described in Subsection H.
H. Financial Assistance for Private LSL Replacements.
1. Development of Financial Assistance Program. The Utility is authorized to establish
a program to provide eligible Property Owners with financial assistance to replace
Private LSLs. The terms of the Utility's financial assistance program must be
consistent with this Subsection.
2. Janesville Utility Grant Available. The Utility may provide an eligible Property Owner
with a grant to pay for a portion of the Property Owner's Private LSL Replacement
Costs as determined under Subparagraph 7. The grant will be provided as long as
funds are available.
a. Eligibility for Financial Assistance. A Property Owner is eligible for financial
assistance under this Subsection if the Property Owner satisfies each of the
following three criteria:
The Property Owner alone, or collectively with others, either owns
the entire fee simple title to, or else is the purchaser under a legally
recorded land contract of, the Property served by the Private LSL.
ii. The Property Owner's Private LSL is attached to either a Utility
Service Line that is not an LSL, or a Utility LSL scheduled for
replacement and for which the Property Owner has been notified by the
Utility of such scheduled replacement.
iii. The Property Owner must be current with their property taxes and
Janesville municipal utility bill.
3. Janesville Housing LSL Grant Available. The Utility, in cooperation with the
Janesville Housing Division, may provide additional need-based grant funding to eligible
homeowners to pay for a portion of the Homeowner's Private LSL Replacement Costs as
determined under Paragraph 7. Funding for this grant is provided through the Community
Development Block Grant Program and is subject to an annual allocation of the Community
Development Authority. The grant will be provided as long as funding is available.
a. Eligibility for Financial Assistance. A property owner is eligible for financial
assistance under this Subsection if the Property Owner satisfies each of the criteria listed in
Subparagraph 2 above and each I of the following two criteria:
The Property is a single family or two-family home that is owner
occupied as the applicant's primary residence.
ii. The household's gross annual income must be at or below 80% of
the Rock County median income level based upon household size and
as determined by the U.S. Department of Housing and Urban
Development income limits at the time of application. Income limits are
adjusted annually. Limits currently in effect can be found at:
https://www.huduser.gov/portal/datasets/il.html
4. Application for Financial Assistance. A written application for financial assistance
must include all of the following:
a. A completed application on a form furnished by the Utility signed by the
eligible Property Owner. The completed application form shall include a
certification by the Property Owner that attests that the Property Owner
alone, or collectively with others, owns the entire fee simple title to the
Property served by the Private LSL.
b. Applicants interested in applying for the Janesville Housing LSL Grant, will
be required to answer additional questions regarding the household's
income and assets and will be required to provide supporting documentation
to determine whether the household is income eligible to receive additional
grant funding.
c. Copies of all, but no less than two, written quotes obtained by the Property
Owner from different Pre-Qualified Plumbing Contractors for the
replacement of the Property Owner's Private LSL. Quotes shall either be
limited to, or otherwise clearly identify the amount related to, Private LSL
Replacement Costs as defined by this Ordinance.
5. Limitations on Amount of Financial Assistance.
a. A Property Owner will be eligible for financial assistance based on the lowest
bid amount included in the written quotes submitted with the application. A
Property Owner is responsible for and will not receive financial assistance
for any Private LSL Replacement Costs that exceed the amount of the
lowest bid, unless an extraneous circumstance exists that will require the
approval of the Utility Director. The Janesville Utility Grant and Janesville
Housing LSL Grant amounts will be based on available funding.
b. Notwithstanding Subparagraph a. above, the total amount of money
provided through the Janesville Utility Grant and Janesville Housing LSL
Grants may not exceed a Property Owner's actual Private LSL Replacement
Costs.
6. Review of Application. After a complete application for financial assistance is
received, the Utility shall review the application for completeness. The Housing
Services Director will review applications and determine eligibility for the Janesville
Housing LSL Grant. If the application is complete, the Utility shall notify the Property
Owner of the amount of financial assistance available. If the application is
incomplete,the Utility shall notify the Property Owner of that fact and the information
needed to complete the application.
7. Agreement. Financial assistance shall only be provided after a Private LSL
replacement agreement is entered into by the Utility and the Property Owner, on a
form provided by the Utility. No reimbursement will be made for work completed
prior to entering into an agreement.
8. Payment of Financial Assistance. Upon completion of the Private LSL replacement,
the Property Owner shall provide the Utility with a copy of the invoice from the
Plumbing Contractor. Upon proof of completion satisfactory to the Property Owner
and the Utility, the Utility shall directly pay the Plumbing Contractor, on behalf of the
Property Owner, the amount of money approved by the Utility for financial
assistance for replacement of the Private LSL. The Utility shall provide the Property
Owner with documentation of such payment.
9. Appeal of Adverse Decision. In the event an application for the Janesville Housing
LSL Grant Program is denied, an applicant may appeal the decision in writing within
14 calendar days to the Neighborhood and Community Services Director, whose
decision will be final. Disputes regarding payment of financial assistance may be
appealed to the Common Council.
Enforcement.
1. General Non-Compliance Penalties. If anyone fails to take any action required by
this Ordinance, the City or the Utility or both may impose violation citations and
penalties prescribed by City ordinances, including, but not limited to, those set forth
in JGO 13.04.200. In addition, and not in lieu thereof, the City may seek and/or
implement other forms of relief for non-compliance by any person.
2. Authority to Discontinue Service. In addition to the above and not in lieu thereof, if a
Property Owner refuses to provide access as required by this Ordinance, the Utility
may in accordance with its Water Utility Tariffs discontinue water service to such
Property until access is provided so that a Private Service Line's material of
construction can be identified. If a Property Owner fails to replace a Private LSL as
required by this Ordinance, the Utility may, in accordance with its Water Utility
Tariffs, discontinue water service to such Property until the Private LSL is replaced.
SECTION 2. Severability. If any section,subsection, paragraph, or portion of this Ordinance is for
any reason determined to be invalid or unconstitutional by the decision of a court of competent
jurisdiction, that section, subsection, paragraph, or portion shall be deemed severable and shall not
affect the validity of the remaining sections, subsections, paragraphs, or portions of this Ordinance.
SECTION 3. Effective Date. This Ordinance shall become effective upon passage and publication
as provided by law.
ADOPTED: January 13, 2020 Motion by: Conley
Second by: Wolfe
APPROVED: Councilmember Aye Nay Pass Absent
,,/ Benson X
Conley X
Mark A. F,-itag, City Manager Farrell X
Gruber X
ATT _ Marklein X
/ Williams X
/' i • Wolfe X
avis T. Godek, Deputy City Clerk-Treasurer
APPROVED AS TO FORM:
&.1&49///92
Wald Klimczyk, City Attorney
Proposed by: Water& Wastewater Utility
Prepared by: Water& Wastewater Utility and City
Attorney