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.
[HISTORY: Adopted by the City Council of the City of Fond du Lac 6-10-2020 by Ord. No. 3712. Amendments noted where applicable.]
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.
[Amended 4-9-2025 by Ord. No. 3810]
A.
Financial assistance provided by FWU.
(1)
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.
(2)
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.
(3)
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 § 643-8A(2). 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 § 66.0809, Wis. Stats.
(4)
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:
(a)
The property owner alone, or collectively with others, owns the entire fee simple title to the property served by the customer-side LSL.
(b)
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.
(c)
The property owner agrees to have the replacement work done by a prequalified plumbing contractor in compliance with this chapter.
(5)
Written applications for financial assistance shall include the following:
(a)
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 § 643-8A(4) are met.
(b)
Copies of a written quote from a prequalified plumbing contractor for the replacement of the property owner's customer-side LSL.
(6)
A property owner will be eligible for financial assistance based on the amount included in the written quote received from the prequalified plumbing contractor under § 643-8A(4)(b)(2).
(7)
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.
(8)
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.
(9)
Upon completion of the customer-side LSL replacement and passing the necessary building/plumbing inspections, the prequalified 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.
(10)
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.
(11)
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.
B.
Financial assistance provided by the City of Fond du Lac.
(1)
The City is authorized to establish a program to provide eligible property owners with financial assistance to replace customer-side LSLs. The City may provide eligible property owners with financial assistance to replace customer-side LSLs as provided in this § 643-8.
(2)
The City may provide an eligible property owner a ten-year, 2.5% interest loan to pay the property owner's customer-side LSL replacement costs. A property owner shall repay the loan in yearly installments, consisting of principal and interest. A customer-side LSL replacement loan under this subsection shall be considered a special charge and a lien on the subject property. Each year's annual installment shall be levied onto the property tax bill of the subject property as a special charge pursuant to § 66.0627, Wis. Stats. The City will keep an accounting of loans and repayments, and provide borrowers with that information upon request.
(3)
The City will follow its customary practice in collecting special charges placed on the tax rolls, including assessing penalties and charging interest and initiating foreclosure proceedings, where appropriate.
(4)
Special charges collected for customer-side LSL replacement loan repayments will be placed in a segregated fund and disbursed in accordance with the requirements of City funding.
(5)
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:
(a)
The property owner alone, or collectively with others, owns the entire fee simple title to the property served by the customer-side LSL.
(b)
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.
(6)
Written applications for financial assistance shall include the following:
(7)
After a complete application is received, and prior to the commencement of any replacement work, the City will determine if the property owner is eligible for financial assistance and the amount of financial assistance available. Such determination will be provided, in writing, to the applying property owner.
(8)
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.
(9)
The total amount of money provided by the City as financial assistance may not exceed the actual cost of replacement of the customer-side LSL.
(10)
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.