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File #: 2017-1613    Version:
Type: Resolution Status: Passed Finally
File created: 6/9/2017 In control: Committee on Intergovernmental Affairs
On agenda: 7/19/2017 Final action: 7/25/2017
Enactment date: 7/25/2017 Enactment #: 444
Effective date: 7/27/2017    
Title: Resolution authorizing the Mayor and the Director of the Department of Public Safety to enter into voluntary agreements with private property owners for the purpose of removing and replacing privately-owned lead water service lines when the Pittsburgh Water and Sewer Authority is replacing the publicly-owned lead water service line affecting such private lines and further authorizing the Mayor and the Director of Public Safety to enter into a Cooperation Agreement or Agreements with the Pittsburgh Water and Sewer Authority to cooperate in the removal of such privately-owned lines.
Indexes: AGREEMENTS, COOPERATION AGREEMENT/S
Attachments: 1. Summary 2017-1613
Title
Resolution authorizing the Mayor and the Director of the Department of Public Safety to enter into voluntary agreements with private property owners for the purpose of removing and replacing privately-owned lead water service lines when the Pittsburgh Water and Sewer Authority is replacing the publicly-owned lead water service line affecting such private lines and further authorizing the Mayor and the Director of Public Safety to enter into a Cooperation Agreement or Agreements with the Pittsburgh Water and Sewer Authority to cooperate in the removal of such privately-owned lines.

Body
WHEREAS, in 1991 the United Stated Environmental Protection Agency promulgated the Lead and Copper Rule ("LCR") in order to control the amount of lead and copper present in drinking water; and

WHEREAS, pursuant to applicable federal and state regulations implementing the LCR, including 40 CFR 141.84(b)(1) and 25 Pa. Code ? 109.1107(d)(2), the Pittsburgh Water and Sewer Authority ("PWSA") is currently required to replace annually at least 7% of the initial number of lead service lines in its distribution system; and

WHEREAS, federal regulations also clarify the responsibility of a water system to replace its lead service lines pursuant to the LCR:

A water system shall replace that portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner's authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner's portion of the line; and

40 CFR 141.84(c); and

WHEREAS, federal regulations pertaining to the LCR also state that neither the City nor PWSA is required to pay to remove and replace a private sewer line:

A system is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privately-owned portion where the owner chooses no...

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