[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-10-2020 by Ord. No. 3712. Amendments noted where applicable.]
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 City Council therefore
finds it in the public interest to establish a comprehensive program
for removing and replacing all lead service lines within and connected
to the Fond du Lac Water Utility distribution system.
This section is enacted pursuant to Sections 62.11(5) and 196.372,
Wisconsin Statutes.
This section 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:
A customer-side service line constructed of lead or galvanized
material.
The property owner's water service line from the outlet
of the curb stop to the inlet of the customer's water meter.
The outlet joint of the curb stop is considered customer-owned.
The network of water pipes, including mains and service lines,
owned and operated by FWU.
The abbreviation will identify Fond du Lac Water Utility,
the City utility responsible for operating the City's public
water system.
A water service line constructed of lead or galvanized pipe.
The term covers both a customer-side lead or galvanized service line
and/or a utility-side lead or galvanized service line.
These may include, but not necessarily be limited to, violation
citations, elimination of financial assistance, service disconnection,
or other actions deemed permissible by the PSC and/or FWU.
A person, firm, corporation or other entity licensed by the
State of Wisconsin to perform plumbing work in the city.
A plumbing contractor who has gone through the City of Fond
du Lac's approval process and been placed on FWU's prequalified
plumbing contractor list.
Real property as defined in Section 70.03, Wisconsin Statutes.
A person or legal entity, or his, her or its representative,
having an ownership interest, legal or equitable, in the property.
The term property owner includes an estate or trust.
Public Service Commission of Wisconsin.
The general manager of the FWU or his or her designee.
A Utility-side service line constructed of lead or galvanized
pipe.
The utility-owned portion of the water service line, comprised
of any material, from the water main to the outlet of the curb stop,
including the curb stop.
A.
As provided in this chapter, all existing lead service lines connected
to the FWU distribution system shall be replaced with water service
lines constructed of materials approved by the City.
A.
FWU will create a contact list of homes that potentially have lead
service lines based on the building's date of construction.
B.
Upon notice from FWU, a property owner or customer who exercises
control over a property connected to the FWU distribution system will
schedule an inspection of the customer-side service line by an authorized
FWU water operator in order to allow FWU to confirm the service line's
material of construction. FWU may use various methods to contact the
property owner or customer, including but not limited to phone calls,
bill stuffers, emails, mailers, and door-to-door contact.
C.
In the event that a property owner or customer refuses or fails to
provide access to the interior of any improvement in order to accomplish
such inspection, the utility manager may take the steps necessary
to complete the inspection and confirm the service line's material
of construction, including and up to the issuance of noncompliance
penalties.
D.
As an alternative to FWU inspection, the property owner or customer,
at their expense, may arrange to have a plumbing contractor perform
the inspection and provide inspection results to FWU.
F.
FWU will create and maintain records of all inspected, identified
and replaced lead service lines in the City, until such time that
no lead service lines exist.
A.
Utility-side service lines will be replaced as part of a City street
reconstruction project if possible. Before undertaking a utility-side
service line project, FWU will identify those properties that connect
to the utility-side service lines planned for replacement.
B.
Prior to scheduling the replacement of utility-side service, a certified
FWU water operator or FWU employee proficient at determining lead
service line materials, shall inspect all connected and affected customer-side
service lines for the presence of lead.
C.
If a customer-side service line is found to be constructed of lead,
FWU will notify the property owner of that fact in writing. FWU will
also notify the property owner that the property owner must replace
the customer-side LSL in conjunction with FWU's scheduled replacement
of the utility-side service lines, and that failure to do so may subject
the property owner to noncompliance penalties.
D.
At least 45 days prior to the date of the scheduled replacement of
the utility-side service line, FWU will notify the property owner
with a customer-side LSL in writing of the scheduled date of replacement
of the utility-side LSL or other utility service lines or planned
City street reconstruction project.
E.
Within 30 days of receipt of the replacement notice, the property
owner must schedule the replacement of the customer-side LSL to coincide
with the scheduled replacement of the utility-side service line. The
property owner shall promptly notify FWU that the replacement of the
customer-side LSL has been scheduled and provide the name of the plumbing
contractor who will complete the replacement work.
F.
Upon a property owner's request, FWU may assist the property
owner with getting bids from plumbing contractors. FWU's contractor
for utility-side service line replacement work may be available to
perform customer-side LSL replacement work.
G.
Customer-side LSL replacement work must be completed at the same
time as the utility-side service line is replaced unless an extension
is allowed. Failure to commence customer-side LSL replacement work
as required by this chapter or to complete such work within a reasonable
time after commencement of the work may result in the issuance of
noncompliance penalties.
H.
A property owner who follows the procedures detailed herein, may
be eligible to receive financial assistance for the customer-side
LSL replacement.
A.
If FWU confirms that a customer-side service line is constructed of lead and notifies the property owner of that fact in writing as provided by § 643-5, the property owner must, unless § 643-6 applies, arrange for the replacement of the customer-side LSL to be completed within 36 months of notification. Failure to complete the replacement of the customer-side LSL within that time period may result in noncompliance penalties.
A.
Leak or failure emergency replacement. Property owners who are required
to replace a customer side portion of a lead service line due to a
leak or failure emergency replacement will replace their lead service
line as soon as reasonably practical but no later than 30 days of
receiving written notice.
B.
The Director of Public Works or his designee may extend the time
for replacement up to 36 months of the customer side portion of a
customer-side LSL that has been identified and noticed to be replaced
under this chapter if the property owner so requests and demonstrates
a compelling need, unless the extension would create an imminent threat
to the health, safety or welfare of the public.
A.
FWU is authorized to establish a program to provide eligible property owners with financial assistance to replace customer-side LSLs. FWU must seek PSC approval of any FWU financial assistance program to replace customer-side LSLs. If FWU's financial assistance program has received PSC approval and has available funding, FWU may provide eligible property owners with financial assistance to replace customer-side LSLs as provided in this § 643-8.
B.
FWU may provide an eligible property owner with financial assistance
to pay the property owner's customer-side LSL replacement costs.
FWU may provide a grant to pay for up to 50% of the property owner's
customer-side LSL replacement costs. The grant may not exceed a maximum
amount of $2,000. Financial assistance for the remainder of the property
owner's customer-side LSL replacement costs may be provided in
the form of a loan.
C.
FWU may loan an eligible property owner funds to pay the property owner's remaining customer-side LSL replacement cost after the receipt of any grant monies under § 643-8B. FWU may provide an eligible property owner a ten-year, 2.5% interest loan. A property owner shall repay the loan in yearly installments, consisting of principal and interest. Loan repayments will be invoiced yearly by FWU. Loan repayments that are past due may be placed on the property tax roll as provided in Section 66.0809, Wisconsin Statutes.
D.
A property owner is eligible for financial assistance for the purpose
of replacing the customer-side LSL if the property owner satisfies
all of the following criteria:
(1)
The property owner alone, or collectively with others, owns the entire
fee simple title to the property served by the customer-side LSL.
(2)
The property owner's customer-side LSL is either attached to
a utility-side service line that is not a LSL, or a utility-side LSL
scheduled for replacement and for which the property owner has been
notified by FWU of such scheduled replacement.
(3)
The property owner agrees to have the replacement work done by a
pre-qualified plumbing contractor in compliance with this chapter.
E.
Written applications for financial assistance shall include the following:
(1)
A completed application on a form furnished by FWU signed by the eligible property owner. The completed application form shall include a certification by the property owner that attests that all eligibility criteria listed in § 643-8D are met.
(2)
Copies of a written quote from a pre-qualified plumbing contractor
for the replacement of the property owner's customer-side LSL.
F.
A property owner will be eligible for financial assistance based on the amount included in the written quote received from the pre-qualified plumbing contractor under § 643-8D(2).
G.
After a complete application is received, and prior to the commencement
of any replacement work, FWU will determine if the property owner
is eligible for financial assistance, and the amount of financial
assistance available as a grant and the amount of financial assistance
available as a loan. Such determination will be provided in writing
to the applying property owner.
H.
Customer-side LSL replacement work must be accomplished in accordance with the Wisconsin State Plumbing Code and all applicable federal, state, and municipal laws and regulations. Work must also be done in a workmanlike manner and be coordinated with any FWU utility-side service line replacement work as required by § 643-6.
I.
Upon completion of the customer-side LSL replacement and passing
the necessary building/plumbing inspections, the pre-qualified plumber
shall provide FWU with a copy of the invoice. Upon proof of completion
satisfactory to the property owner and FWU, FWU will directly pay
the plumbing contractor the amount of money approved by FWU for financial
assistance for replacement of the customer-side LSL.
J.
The total amount of money provided by FWU as financial assistance
in the form of a grant and loan may not exceed the actual cost of
replacement of the customer-side LSL.
K.
Disputes regarding eligibility for financial assistance may be appealed
to a neutral three-person panel to be appointed by the City Manager
on an as needed basis.
If any subsection or portion of this chapter is for any reason
determined to be invalid or unconstitutional by the decision of a
court of competent jurisdiction, that subsection or portion shall
be deemed severable and shall not affect the validity of the remaining
subsections or portions of this chapter.
If a property owner fails to replace a customer-side LSL as
required by this chapter, FWU may in accordance with its water utility
tariffs discontinue water service to such property until the customer-side
LSL is replaced.
