This chapter is enacted for the purpose of permitting the Borough to perform a lead service line inspection and replacement pursuant to N.J.S.A. 58:12A-39 on private property.
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights 10-15-2025 by Ord. No. 15-2025. Amendments noted where applicable.]
Shall mean the Borough of Woodbury Heights.
Shall mean a licensed vendor that contracts with the Borough of Woodbury Heights to inspect and/or replace lead service lines.
Shall mean any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.
Shall mean a water supply connection that is made of or lined with a material consisting of lead and which connects a water main to a building inlet, including a lead pigtail, lead gooseneck or other lead fitting regardless of the composition of the service line and further, a galvanized service line is also considered to be a "lead service line."
Shall mean a person or persons in actual possession of and occupying the building or structure.
Shall mean any person or entity with legal title to any property or who has equitable title and is either in possession or collects rents therefrom or an executor, trustee, guardian or receiver of the estate of the owner, or a mortgagee in possession or has charge, care or control of any property.
Shall mean a building or structure or part thereof which is serviced with Borough water by the Borough of Woodbury Heights.
It is hereby established that the existence of Lead Service Lines are strictly prohibited in the Borough of Woodbury Heights.
In accordance with N.J.S.A. 58:12A-39 the Borough is responsible to access private property to perform a lead service line inspection and/or replacement provided:
A.
The owner and any residents of the property have received not less than 72 hours' notice unless an emergency exists. Notice may be in person or, if not able to be reached, by certified mail or post a written notice on the property, including:
(1)
The date and time of the inspection/replacement;
(2)
Likely extent of water service disruption;
(3)
Nearby locations where the Borough is distributing supplementary drinking water;
(4)
Any remedies the Borough shall take if the Borough is unable to access the property, including commencing an action in Superior Court for access.
B.
The notice shall be in both English and Spanish.
C.
The Borough shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and the Borough shall incur no liability from the owner. The Borough will provide the owner with a Right of Entry form for completion. The Right of Entry form will provide the Borough and a contractor with access to the property to verify the existence of a lead service line and replace the lead service line.
D.
The Borough shall restore the property to its original condition, or as close as possible to its original condition.
E.
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 Borough or occupant due to the replacement of the lead service line by the Borough.
F.
Upon completion of the replacement, the Borough shall send, by certified mail, the owner a letter stating the approximate time that the replacement occurred and providing a brief summary of the work performed.
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 one year of identification/notification.
B.
The owner of the 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 Borough and allowing contractors to access 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 chapter. An extension of time may be granted where the owner can demonstrate, to the Borough, that a good faith effort has been made to comply with the chapter. An owner is required to provide the Borough with proof that the lead service line has been replaced. Proof must include at a minimum: a permit issued by the Borough 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 from the Borough verifying the removal.
A.
The Lead Service Line Program shall begin no earlier than July 2026 and run through July 2031, with the Borough replacing water service lines over several years.
B.
The owner can agree to allow the Borough on their property, to replace the water service line which the owner is responsible, curb stop to shutoff valve. All interior plumbing work will be performed by a licensed plumber in accordance with all applicable plumbing codes. All permitting fees will be waived.
C.
The owner shall have up to three years from the time of completion to repay the Borough in full by having same accomplished in 12 equal quarterly installments through the utility account and billing, without accruing interest.
D.
If the owner shall transfer the property, the entire outstanding balance is payable at the time of transfer.
A property owner may be excluded from the mandatory replacement of its lead service line by providing the Borough, within 90 days of the effective date of this ordinance, 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. Alternatively, the property owner may schedule an inspection by a Borough representative to confirm the service line material is non-lead or non-galvanized.
A.
If the owner of the property is inaccessible or otherwise denies access to the property to enable the inspection and/or replacement of the lead service line, the Borough shall issue a Refusal of Access form as prescribed by the Director of the Utility which shall state the owner acknowledges delay of lead service line replacement may contribute to increased lead levels in drinking water, which can cause serious health problems such as damage to the brain and kidneys. The notice shall also direct the owner to the Division of Water Supply and Geoscience website at: https://www.state.nj.us/dep/watersupply/dws-sampreg.html.
B.
The Borough may commence an action in the Superior Court of New Jersey to gain access to the property, naming the owner and occupants as defendants.
C.
The Borough shall file with the Office of the County Clerk a notice that the owner has refused to allow the Borough access to the property and lead service lines are believed to service the property.
D.
No certificate of occupancy, temporary certificate of occupancy, continued certificate of occupancy or rental registration shall be issued by the Borough for property upon which the Borough has been denied access. Upon access being granted, remediation occurring and/or agreement to participate in the Borough lead service line then the above referenced documents shall be issued.
Violations of this chapter by any owner or occupant shall be punishable by a fine of not less than $250 or more than $1,000. Each day the Borough is denied access shall constitute a separate offense and punishable as set forth herein.