[Adopted 12-3-2024 by Ord. No. 2024-34]
The following definitions shall apply to the provisions in this article.
CONTRACTOR
A licensed vendor which contracts with the Township of Barnegat to inspect and/or replace lead service lines.
DEPARTMENT
The Department of Water and Sewer of the Township of Barnegat, New Jersey.
DWELLING UNIT
Any room or groups of rooms or any part thereof located within a building and forming a single habitable until with facilities that are used for designed to be used for living, sleeping, cooking, eating, or bathing.
DWELLINGS
A building or structure or part thereof containing one (1) or more dwelling units. Dwelling shall also apply to buildings and structures that are not used for residential purposes.
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.
LEAD SERVICE LINE
The water line on private property that leads to the structure or building that is connected to the main Township of Barnegat water line and is comprised in any part of lead, galvanized steel, or other material deemed by the Township of Barnegat or the NJDEP to contain lead or pose a risk of lead exposure through drinking water.
NJDEP
New Jersey Department of Environmental Protection.
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 or control of any dwelling or rooming house.
TOWNSHIP
The Township of Barnegat Water and Sewer service area where lead service lines have been identified.
It is hereby established that the existence of lead service lines is prohibited in the Township of Barnegat. The owner of all properties with lead service lines are required to cooperate with the Township of Barnegat to ensure that all lead service lines are eradicated in accordance with the provisions of this chapter and with N.J.S.A. 58.12a-38 et seq.
A. 
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.
B. 
The owner/occupant of any dwelling, building or structure shall cause their lead service line to be replaced by any of the following methods:
(1) 
Signing up for the Lead Service Line Replacement Program offered by the Township of Barnegat by executing a Right of Entry Form and allowing contractors to access their property to conduct the replacement. The Township of Barnegat, or its designee, shall provide the contractor with access to the property to verify the existence of a lead service line, and/or to replace an existing lead service line; or
(2) 
Replacing the lead service line on their own and at their own expense. If an owner selects this option, replacement must be completed within 90 days of the effective date of this ordinance. An extension of time may be granted where the owner can demonstrate, to the satisfaction of the Township of Barnegat, that a good faith effort has been made to comply with the ordinance. An owner is required to provide the Township of Barnegat with proof that the lead service line has been replaced. Proof must include, at a minimum: permit issued by the Township of Barnegat 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 that includes photographic evidence of the work done, verifying the removal.
A property owner may be excluded from the mandatory replacement of its lead service line by providing the Township of Barnegat, 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. The Township of Barnegat may require additional confirmation.
A. 
The Township of Barnegat shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and the Township shall incur no liability from the owner. The Township of Barnegat, its designee, or a contractor will provide the owner and current occupant with a Right of Entry form for completion, or with an internet link to access the form. The Right of Entry form will provide the contractor with access to the property to verify the existence of a lead service line, and, if needed, access to the property to replace the lead service line. The Township of Barnegat, or its designee, shall replace the lead service line and shall restore the property to its original condition, or as close as possible to its original condition.
B. 
If access is granted by the owner or current occupant of the dwelling, building or structure, then the owner or occupant shall be held harmless, and no liability shall incur to the Township of Barnegat or occupant due to the replacement of the lead service line by the Township of Barnegat or its designee.
C. 
If access is denied by the current occupant or owner, the Township of Barnegat shall commence procedures, including filing a Court action, to conduct the replacement of the lead line service.
A. 
At least two weeks before entering a property to perform a service line inspection of a lead service line replacement, the Township of Barnegat or its contractor shall notify the owner of record of the property and any residents of the property of the inspection or lead service line replacement.
B. 
The Township of Barnegat shall make every effort to notify the owner of record and any residents of the property in person, but if the owner or occupants are unable to reach in person, the Township of Barnegat shall post, at least 72 hours before entering the property, a written notification in a prominent location of the property.
C. 
The notification shall include the scheduled date and time of the inspection or lead service line replacement, the name and contact information of the Township of Barnegat's contractor who will be performing the work, the extent of any water service disruptions and information regarding the potential penalties if the Township of Barnegat is unable to gain access to the property for the stated purpose.
D. 
Any violation of this chapter by either the property owner, landlord, or tenant by the refusal to allow access to the property or preventing the performance of the work shall be punished by a penalty as provided in this article.
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 and other required certifications.
B. 
Upon the sale of any city owned property, within 90 days of the closing, the purchaser of said property is responsible for replacing the lead service line.
A. 
Pursuant to N.J.S.A. 58:12A-44, notwithstanding provisions of N.J.S.A. 40:56-1 et seq., any costs incurred by the Township for to access or replace a lead line service, excluding any portion funded by grants or other subsidies, may be borne by all customers of the utility system or may be assessed to the property owner in the same manner provided for the assessment of local improvements pursuant to N.J.S.A. 40:56-1 et seq. Notice to the Director of the Division of Local Government Services and Department of Community Affairs.
B. 
The determination as to whether assess the property of a property owner or for the improvements pursuant to N.J.S.A. 40:56-1 et seq. or to have the costs borne by all customers of the utility, shall be in the sole discretion of the Township.
Violations of this article by any person or corporation shall be subject to a fine of at least $250, but not exceeding $2,000. Each day that a violation occurs shall be deemed a separate and distinct offense.
A. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.
B. 
If any provision of this article or application thereof to any person(s) or circumstance is judged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications or the article that can be given effect without the invalidated provision or application and to this end of the provisions of this ordinance are declared severable.
C. 
The amendment and supplements of this article shall take effect upon final pass and publication in accordance with the laws of the State of New Jersey.