Loading...
HomeMy WebLinkAboutordinance.council.19-24ORDINANCE N0.019 SERIES OF 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO9 ADDING SECTION 25.12,095 TO TITLE 25 OF THE ASPEN MUNICIPAL CODE PERTAINING TO LEAD AND GALVANIZED SERVICE LINE REPLACEMENT WHEREAS, the City of Aspen, acting by and through its Utility Enterprise ("City of Aspen Water Department") owns and operates its water system to provide Aspen's residents with a safe, reliable, and clean source of water; and WHEREAS, within the City of Aspen there may be private properties currently serviced by lead and galvanized service lines owned by the property owner but connected to the Aspen Utilities system; and WHEREAS, the exposure to lead in drinking water is a public health issue of paramount importance and its adverse effects on children and the general population are serious and well known and lead service lines are the primary source of lead in drinking water; and WHEREAS, the United States Environmental Protection Agency has promulgated the Lead and Copper Rule and subsequently finalized the Lead and Copper Rule Revisions ("LCRR") to strengthen its protections against lead in drinking water (40 C.F.R. §§ 140 and 141); and WHEREAS, the LCRR now requires public water systems such as the Aspen Water Department to identify lead and galvanized service lines and to replace public water system - owned lead and galvanized service lines with such inventory to be completed no later than October 16, 2024 (40 C.F.R. § 141.84); and WHEREAS, the Colorado Department of Public Health and the Environment has updated the Colorado Primary Drinking Water Regulation to require water systems such as Aspen Water Department to complete a lead service line inventory and replacement plan no later than October 16, 2024 (5 C.C.R. 100241, §11(17)(2)(a)); and WHEREAS, Aspen Water Department's primary purpose is to provide clean, safe drinking water to its residents which is an essential public benefit to the City as a whole, and any benefit to private landowners in accomplishing this purpose is incidental and subordinate to the primary public and governmental purpose; and WHEREAS, in furtherance of this essential public purpose to protect Aspen's residents from the potential dangers of lead and to comply with both the LCRR and the Colorado Primary Drinking Water Regulation, Aspen Water Department desires to update its service line requirements concerning the identification and replacement of lead and galvanized service lines on private property; and WHEREAS, for the health, safety, and welfare of all residents and visitors, the Aspen Water Department seeks authority to access private property for the purpose of verifying service line material and require replacement if necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AURORA, COLORADO: Section 1. Title 25 of the City of Aspen Municipal Code is hereby amended by adding a section, to be numbered 25.12.095 which section reads as follows: (a) Definitions. Contractor shall mean a qualified, licensed, bonded, and insured vendor that contracts with the City of Aspen Water Department to replace service lines; or as context requires, a qualified, licensed, bonded, and insured plumber that contracts with an owner to replace a lead or galvanized service line. Galvanized service line shall mean an iron or steel service line that has been dipped in zinc to prevent corrosion and rusting. Lead service line shall mean a service line known to consist of lead or any portion of lead. Lead status unknown means a service line consisting of at least a portion of unknown material that may contain lead or galvanized materials. Service line shall mean the water line that connects to the dwelling, structure or building that is connected to the main City of Aspen water line. The service line is wholly owned by the property owner and ownership begins at the point of connection at the corporation valve on the main line. (b) Prohibition. Lead and galvanized service lines serving any property in the City of Aspen are prohibited and any existing lead or galvanized service line must be replaced in accordance with this section. (c) Exclusion. A property owner may be excluded from the mandatory replacement of any lead or galvanized service line by providing the City of Aspen Water Department with written proof from a contractor that a lead or galvanized service line does not serve the property and/or that any lead or galvanized service line was previously removed and replaced. City of Aspen Water Department shall retain the ability to access the property as set forth in subsection (f) of this section to verify that no lead or galvanized service line serves the property. (d) Service line material verification. 1) City of Aspen Water Department is authorized to access property in such areas as it deems necessary and appropriate to identify lead and/or galvanized service lines through pot -holing or other appropriate testing techniques. City of Aspen Water Department (or its contractor) must provide notice to owners and occupants no less than 72 hours before accessing property to perform such tests. City of Aspen Water Department (and its contractors) must utilize commercially reasonable efforts to return the property to its prior condition after completing such tests. City of Aspen Water Department will notify owners of the status of the service line after completion of such tests. (e) Service line replacement requirements. In all cases where the owner of any property connected to the City of Aspen's water system through a lead or galvanized service line, as may be identified by the City of Aspen's records, service line testing, discovered through the course of construction, development, maintenance, or other reliable method, must replace such lead or galvanized service line up to the minimum Water Distribution standards in effect at the time of discovery. The lead or galvanized service line must be replaced by the close of the second right of way season following passage of this Ordinance or upon issuance of notice from the Water Department of the existence of a lead or galvanized service line, whichever occurs later. Lead and galvanized service lines must be replaced in accordance with all applicable state laws and city rules and regulations. 1) Extension: An extension may be granted for compliance with subsection (e) of this section only when the owner can demonstrate to the Water Superintendent's satisfaction that the owner has made a good faith effort to comply with subsection (e) of this section. 2) Proof of Compliance. To comply with this subsection (e) an owner must provide the City of Aspen Water Department with written proof that the lead or galvanized service line has been replaced. Proof must include at a minimum. (a) a permit issued by the City of Aspen to a licensed contractor authorized to do the work; (b) documentation that the work was completed; and (c) a City of Aspen inspection report verifying removal of the lead or galvanized service line. Failure to provide proof of service line replacement in accordance with subsection (e) of this section shall constitute a violation of this Municipal Code. (f) Authorization to access property. If an owner denies access to the property to enable the verification of the existence of a lead or galvanized service line, then the following procedures shall be followed. 1) City of Aspen Water Department shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and City of Aspen Water Department shall incur no liability from the owner. City of Aspen Water Department (or its contractor) will provide the owner or current occupant with a consent form prior to entry. The consent form will provide the City of Aspen Water Department (or its contractor) with access to the property to verify any lead or galvanized service line. 2) If access is provided by an occupant of the dwelling, then the occupant shall be held harmless and no liability shall incur to City of Aspen Water Department or occupant due to the inspection of the lead or galvanized service line; and 3) If access is denied by the current occupant or owner, City of Aspen Water Department may commence procedures, including filing a court action in a court of competent jurisdiction, to conduct inspection of any lead or galvanized service line. Each day access is denied shall constitute a violation of Municipal Code. (g) Proof of lead or galvanized service line replacement required for permit applications. Upon application for any development, plumbing, or building permit, if the City of Aspen Water Department's records indicate any property is serviced by a lead or galvanized service line, the Aspen Water Department may require proof that the lead or galvanized service line has been replaced as part of the application. If applicant cannot provide proof that the lead or galvanized service line has been replaced, the Aspen Water Department will require the property to replace the service line as conditions of approval for said permit. Water Distribution Superintendent shall. (1) acknowledge and accept the proof of lead or galvanized service line replacement meeting the requirements of subsection (e); or (2) indicate Water Department requirement for replacing the service line as a condition of approval for the requested permit. (h) Proof of lead status unknown service line. 1) If City of Aspen Water Department's records indicate any property is serviced by a service line for which the lead status is unknown, City of Aspen Water Department may require proof that said service line is not a lead or galvanized service line through one of the following means; a. Written records or results from pot -holing or other appropriate testing techniques performed by a qualified contractor acceptable to the Water Superintendent; b. Photograph or other documentation of the service line in enough detail to confirm the location the status was verified acceptable to the Water Superintendent; c. Records of water service tap including the date of service tap, material type of service, and size of the service acceptable to the Water Superintendent; d. Confirmation of material type through site visit with representative with the Water Department and required authorization form. (i) Penalty. A person violating the provisions of this section shall be subject to prosecution in Municipal Court and upon conviction may be subject to a fine as set forth in Section 1.04.080 of this Code. Each day that a violation occurs or continues shall constitute a separate offense and nothing herein shall preclude the City from instituting such necessary proceeding to enjoin, abate or correct any violation. (j) City Replacement of Lead or Galvanized Service Lines. If after notice to the owner by the Water Department to replace an identified lead or galvanized service line in accordance with subsection (e), such repair is not made, the Water Department may have the service lines replaced. Any costs incurred by the Water Department in so doing shall become a lien upon the premises and be satisfied against the same. Section 2: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. IN TRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 22"d day of October 2024. ATTEST: Nicole Henning, City Torre, Mayor FINALLY, adopted, passed and approved this 12th day of November, 2024. ATTEST: Nicole Henning, City irk APPROVED AS TO FORM: r times R. True, City Attorney Torre, Mayor