It is hereby established that the existence of lead service lines is prohibited in the Borough of Longport.
[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 6-18-2025 by Ord. No. 2025-10. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
Borough of Longport.
A licensed vendor that contracts with the Borough of Longport to replace lead service lines.
A building or structure or part thereof containing one or more dwelling units. This chapter 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 supply connection that is made of, or lined with, a material consisting of lead, and which connects a water main to a building inlet. A lead pigtail, lead gooseneck, or other lead fitting shall be considered to be a lead service line, regardless of the composition of the service line or other portions of piping to which such piece is attached. A galvanized service line shall be considered to be a lead service line in accordance with N.J.S.A. 58:12A.
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 Borough of Longport, within 180 days of the effective date of this chapter, 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 180 days of the effective date of this chapter. An extension of time may be granted where the owner can demonstrate, to the Borough designee, that a good faith effort has been made to comply with the chapter.
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 Borough of Longport 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 180 days of the effective date of this chapter. An extension of time may be granted where the owner can demonstrate, to the Borough of Longport designee, that a good faith effort has been made to comply with the chapter.
C.
An owner is required to provide the Borough of Longport with proof that the lead service line has been replaced. Proof must include, at a minimum, a permit issued by Borough of Longport 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 § 137-4, 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 chapter (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 Borough of Longport 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 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 Borough of Longport shall restore the property to its original condition, or as close as possible to its original condition;
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 Borough or occupant due to the replacement of the lead service line by the Borough of Longport; and
C.
If access is denied by the current occupant or owner, then the Borough 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 or rental of any dwelling, building or structure, the owner must provide proof that the lead service line has been replaced or a copy of the completed right of entry form indicating enrollment in the Lead Service Line Replacement Program in order to secure a certificate of occupancy, certificate of land use compliance, and smoke and carbon monoxide detector certificates.
Violations of this chapter 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 120 days or by a period of community service not to exceed 90 days.