[Adopted 10-19-2022 by Ord. No. 65-2022]
It is hereby established that the existence of lead service
lines is prohibited in the City of Atlantic City.
For the purposes of this article:
The Atlantic City Municipal Utilities Authority (ACMUA) of
the City of Atlantic City, New Jersey.
The City of Atlantic City.
A licensed vendor that contracts with the City of Atlantic
City to replace lead service lines.
A building or structure or part thereof containing one or
more dwelling units. This article shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating,
or bathing.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
The water line on private property that leads to the structure
or building that is connected to the main ACMUA water line.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or who has equitable title
and is either in actual possession or collects rents therefrom; or
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner, or as mortgagee or as vendee in possession either
by virtue of a court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents has charge, care or control of any dwelling or rooming house.
A property owner may be excluded from the mandatory replacement
of its lead service line by providing the ACMUA, within 90 days of
the effective date of this article, with written proof from a licensed
and certified plumber that it does not have a lead service line on
its property and/or that the lead service line was previously removed
and replaced.
A.
The owner
of any dwelling, building or structure serviced by a lead service
line is required to replace the lead service line on their property.
The replacement of the lead service line must be completed within
90 days of the effective date of this article. An extension of time
may be granted where the owner can demonstrate to the ACMUA designee
that a good faith effort has been made to comply with this article.
B.
The owner
of the any dwelling, building or structure shall replace their lead
service line by any of the following methods:
(1)
Signing
up for the Lead Service Line Replacement Program offered by the ACMUA
and allowing contractors to access on their property to conduct the
replacement. The contractor will provide the owner with a right of
entry form for completion. The right of entry form will provide the
contractor with access to the property to verify the existence of
a lead service line; or
(2)
Replacing
the lead service line on their own and at their own expense. If an
owner selects this option, then replacement must be completed within
90 days of effective date of this article. An extension of time may
be granted where the owner can demonstrate to the ACMUA designee that
a good faith effort has been made to comply with this article.
C.
An owner
is required to provide the ACMUA with proof that the lead service
line has been replaced. Proof must include, at a minimum: a permit
issued by the City of Atlantic City to a licensed plumber authorized
to do the work; an invoice from the contractor who completed the work;
a copy of the estimate along with any report of the work completed;
and an inspection report verifying the removal.
Notwithstanding the previous section, if an owner of the dwelling,
building or structure does not sign up for the Lead Service Line Replacement
Program or does not replace its lead service line within 90 days of
the effective date of this article (or within the time frame provided
in an extension) or is inaccessible or otherwise denies access to
the property to enable the replacement of the line, then the following
procedure shall be followed:
A.
The ACMUA
shall secure entrance to the property from the owner or current occupant
of the dwelling, building or structure, and the City shall incur no
liability from the owner. The contractor will provide the owner with
a right of entry form for completion. The right of entry form will
provide the contractor with access to the property to verify the existence
of a lead service line. The ACMUA shall restore the property to its
original condition, or as close as possible to its original condition;
and
B.
If access
is granted by the occupant of the dwelling, building, or structure,
then the occupant shall be held harmless, and no liability shall incur
to the City and/or ACMUA or occupant due to the replacement of the
lead service line by the ACMUA; and
C.
If access
is denied by the current occupant or owner, then the City shall commence
procedures, including filing a court action, to conduct the replacement
of the lead service line.
A.
Upon the
sale or transfer of ownership of any dwelling, building or structure,
the owner must provide proof that the lead service line has been replaced
in order to secure a certificate of occupancy, certificate of code
compliance, and smoke and carbon monoxide detector certificates.
Violations of this article by any person or corporation shall
be punishable by a fine of at least $250 but not exceeding $1,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not to exceed 90 days.
