Fiscal Note
This ordinance change will have minimal, if any, fiscal impact on the Water Utility. Currently, the Water Utility is unaware of any additional costs associated with this ordinance change. The fiscal impact will be minimal if locations are found that qualify for lead service replacement reimbursement, as the current average reimbursement is approximately $658. The Water Utility has a lead service replacement program that is funded through their Capital Budget, which would be used to finance any newly qualifying properties.
Title
Amending Sections 13.18(1), (4)(a), and (5) of the Madison General Ordinances to clarify that the Lead Water Service Line Replacement ordinance applies to all properties served by the Madison Water Utility system.
Body
DRAFTER'S ANALYSIS: This is a housekeeping amendment to clarify that the Lead Water Service Line Replacement ordinance applies to all properties served by the Madison Water Utility system, consistent with regulatory consent orders designed to eliminate the source of lead in the system.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (1) entitled "Intent and Purpose" of Section 13.18 entitled "Lead Water Service Line Replacement" of the Madison General Ordinances is amended to read as follows:
"(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 in the City 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; and
(e) to effect the replacement of all high risk lead service lines within three years and the replacement of all remaining lead pipe water service lines in use in the City within ten years.
2. Subdivision (a) of Subsection (4) entitled "Survey and Self Inspections" of Section 13.18 entitled "Lead Water Service Line Replacement" of the Madison General Ordinances is amended to read as follows:
"(a) Upon notice from the Water Utility, any person who owns, manages or otherwise exercises control over a property within in the City the Madison Water Utility system shall inspect the customer-side water service line or have the customer-side water service line inspected by a licensed plumber to determine whether the service line is lead, copper, cast iron, galvanized steel, plastic or other material."
3. Subsection (5) entitled "Lead Service Line Replacement" of Section 13.18 entitled "Lead Water Service Line Replacement" of the Madison General Ordinances is amended to read as follows:
"(5) 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) Schools or child care facilities: within one year of filing the statement required under Subsection (4)(b).
(b) Properties at which a confirmed water sample test at the tap shows lead concentration at 15 or more ppb: within two years of filing the statement required under Subsection (4)(b) or within two years of receipt by the Water Utility of the confirmed water sample test, whichever is later.
(c) Properties where more than 20 people regularly have access to drinking water during any eight-hour period: within three years of filing the statement required under Subsection (4)(b).
(d) Properties where the Water Utility is replacing its side of the lead water service line to the property: at the same time the Utility replaces its service lines.
(e) Any property which is not covered in Subsections (5)(a)-(d): according to the service replacement schedule established by the Water Utility.
(f) Any property meeting the conditions of more than one category under Subsections (5)(a)-(d): according to that subsection with the earliest required replacement date.
(g) Notwithstanding the schedules set forth in Subsections (5)(a)-(f), all lead customer-side water service lines shall be replaced no later than January 1, 2011."