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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