[Added 6-24-2024 by Ord. No. 2024-19]
CONTRACTOR
A licensed plumber or vendor certified by the State of New Jersey and which contracts with the Town of Newton to replace lead service lines.
DWELLING
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.
DWELLING UNIT
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, and/or bathing.
LEAD SERVICE LINE(S)
A service line which is composed of lead and/or galvanized steel.
LEAD-SAFE
Any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.
OCCUPANT
A person or persons in actual possession of and living in the building or dwelling unit.
OWNER
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, and/or control of any dwelling or rooming house.
SERVICE LINE
The piping, tubing, and fittings which connect the main Town water line to a private property structure or building. Service Line includes that portion of the piping, tubing, and fittings which run from the Town water main to curbside or connection box and that portion of the piping, tubing and fittings which run from the curbside or connection box to the dwelling's water connection.
All lead service lines are prohibited in the Town of Newton and shall be removed in accordance with the requirements of the New Jersey Safe Drinking Water Act Amendments of 2021.[1]
[1]
Editor's Note: See N.J.S.A. 58:12A-40 through 58:12A-47.
The owner of any dwelling, building, or structure serviced by a lead service line is required to have the lead service line on their property replaced in accordance with the following options:
A. 
Participation in the lead service line replacement program offered by the Town at no cost to the owner and allowing the Town's contractor to access their property to verify the existence of a lead service line and to conduct the replacement of the lead service line if such lead service line is determined to be serving the property; or
B. 
Replacing the lead service line on their own and at their own expense. If an owner selects this option, the owner is required to provide the Town with proof that the lead service line has, in fact, been replaced. Proof must include at a minimum:
(1) 
A permit issued by the Town to a licensed plumber authorized to do the work;
(2) 
An invoice from the contractor who completed the work;
(3) 
A copy of the estimate along with any report of the work completed;
(4) 
An inspection report verifying the removal; and
(5) 
Any other information as required by the Town Manager.
C. 
Participation in the Town's lead service line replacement program shall be done on a timetable determined by the Town Manager or his designee and not subject to any schedule imposed by the owner.
D. 
If the owner hires a licensed contractor to replace the lead service line, the owner is responsible to restore or repair any property or dwelling damage that may occur. If the Town hires a contractor to do the work and damage occurs, the Town shall be responsible to restore or repair any property or dwelling damage.
E. 
The replacement water service line must be Type "K" copper, minimum 3/4 inch diameter, or larger size, as may be required by the Town plumbing subcode official, Town construction department official, and/or Town Water/Sewer Division of the Town Department of Public Works.
A property owner may be excluded from the mandatory lead service line replacement requirement by providing to the Town written proof from a licensed plumber that the owner's property does not have a lead service line on its property and/or that the lead service line was previously removed and replaced.
A. 
Unless an owner has provided proof that it does not have a lead service line pursuant to § 228-35 above, the Town or the contractor shall seek to gain access to the building to identify and/or replace a lead service line. Whenever the contractor is unable to access premises to either identify and/or replace a lead service line, then:
(1) 
The Town or contractor shall send, by regular and certified mail, to the owner of the premises as reflected on the tax rolls at the address stated therein a notice that the contractor has been unable to gain access to the premises and requests that the owner communicate with the contractor within 10 calendar days of the date of the letter to set a reasonable date and time when such access can be achieved;
(2) 
At the same time, the Town shall post a copy of the letter on the premises;
(3) 
If access is not achieved or arranged within 30 calendar days of the transmittal of the letter by steps in Subsection A(1) and (2) above, the Town or contractor shall send a second notice by regular and certified mail; and
(4) 
If access is not achieved within 15 calendar days of the transmittal of the second notice letter, the Town shall impose the denial of access account administration fee, pursuant to § 228-36B(1) below on that account on that date and for each and every quarterly billing cycle thereafter until access is achieved.
B. 
If an owner of the dwelling, building, or structure does not participate in the lead service line replacement program or is inaccessible or otherwise denies access to the property to enable the replacement of the lead service line after notices in accordance with § 228-36A above, then the Town may proceed as follows:
(1) 
The Town shall impose a denial of access account administrative fee in the amount of $500, which shall become a part of the Town water service fee and shall be collected in the next quarterly water service fee bill.
(2) 
The Town may secure entrance to the property from the owner or current occupant of the dwelling, building, or structure and the Town shall be held harmless, indemnified by the owner, and 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.
(3) 
If access is granted by an occupant of the dwelling, building, or structure, then the occupant shall be held harmless and no liability shall incur to the Town, contractor, or occupant due to the replacement of the lead service line by the Town.
(4) 
If access continues to be denied by the current occupant or owner, then the Town may commence procedures, including filing a Court action, to conduct the replacement of the lead service line at the owner's expense or may seek a court order requiring the owner to replace the lead service line within 90 calendar days, at owner's sole cost and expense.
A. 
Upon the sale or transfer of ownership of any dwelling, building, or structure that occurs after two years from the effective date of this article, the owner must provide proof that the lead service line has been replaced (or that the property is excluded from the requirement pursuant to § 228-35, above) in order to secure a certificate of occupancy, certificate of code compliance, and smoke and carbon monoxide detector certificates.
B. 
Upon the sale of any Town-owned property, within 90 calendar days of the closing, the buyer is responsible for replacing the lead service line, by either participating in the Town's lead service line replacement program or replacing the lead service line at its sole cost in accordance with § 228-34(B), above.
In addition to the imposition of the denial of access account administrative fees, pursuant to § 228-36B(1) above, if the lead service line replacement is not performed by the owner within 90 calendar days after final notice by the Town, the owner shall be subject to a fine of at least $250 per calendar day but not exceeding $5,000 or by imprisonment for a term not exceeding 90 calendar days or by a period of community service not to exceed 90 calendar days.