Department
Public Works
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
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Request approval of a Resolution approving a form temporary right of entry agreement and related documents for the Department of Public Works to use to enter onto private property to determine the composition of water service lines; delegating to the Director of the Department of Public Works the authority to execute the temporary right of entry agreements and related documents on behalf of Fulton County; authorizing the County Attorney to approve the temporary right of entry agreement and related documents as to form prior to execution; requiring the Director of Public Works to spread such executed documents on the minutes of a Board of Commissioners Meeting; and for other purposes. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Pursuant to Article 9, Section 2, Paragraph 1(a) of the Georgia Constitution, the Board of Commissioners has the “power to adopt clearly reasonable resolutions relating to its affairs for which no provision has been made by general law and which is not inconsistent with [the] Constitution or any local law applicable thereto.” Further, Fulton County Code § 1-117 provides, in pertinent part, that the Board of Commissioners shall the authority “to exercise such other powers as are granted by law or are indispensable to their jurisdiction over county matters”
Strategic Priority Area related to this item (If yes, note strategic priority area below)
Health and Human Services
Commission Districts Affected
All Districts ☐
District 1 ☒
District 2 ☒
District 3 ☐
District 4 ☐
District 5 ☐
District 6 ☐
Is this a purchasing item?
No
Summary & Background On January 15,2021, the United States Environmental Protection Agency (EPA) released the Lead Copper Rule Revision (LCRR), that all public water systems, including the water system operated by Fulton County, must comply with beginning on October 16, 2024. The Georgia Department of Natural Resources, Environmental Protection Division (EPD) is responsible for enforcing the LCRR requirements within Georgia. Complying with the LCRR requires that Fulton County develop an initial service line inventory for all customers to determine which customers are potentially at-risk for lead contamination. Within the Fulton County Water Distribution System, the water meter is the line of demarcation between public versus private side service. The part of the water service line between the meter and the building is considered private property and is the maintenance responsibility of the property owner. Nevertheless, the LCRR requires the public utility provider, in this case Fulton County, to inspect and assess the private side service line material in order to confirm the presence of any potential hazardous materials.
Scope of Work: The Public Works Department is seeking the approval of the Board of Commissioners to allow the Director of Public Works to enter into temporary right of entry agreements with Fulton County property owners to allow staff or contractors to enter onto their property to determine their service line material. Currently the County has approximately 79,500 service lines within its distribution network north of the Chattahoochee River. Preliminary analysis of building records has allowed the County to determine that 67% of the service lines (53,265) are not at risk -- primarily because the properties were developed after 1990 when lead was prohibited in the construction of water lines. However, this leaves over 26,500 customers being categorized as “unknowns” which means these locations will require investigation to determine their service line material. Once lead service lines have been identified, the Public Works Department will have 10 years to implement a replacement program on all such lines. To comply with these requirements, the Public Works Department is seeking permission to enter into temporary right-of-entry agreements with property owners to investigate the material used for the service lines on the private property side of the meter. The Public Works Department plans to begin a pilot project in September 2024 with 50 properties within the Martin Landing subdivision of Roswell. A copy of a sample letter and temporary right-of-entry agreement is attached as Exhibit No. 1.
In 2025, the Public Works Department plans to expand the investigative program to approximately 2,000 properties which will be a statistically significant representative sample of the remaining unknown service lines. Upon competition of the 2025 project, Fulton County should be able to statistically determine the number of lead service lines that are present within our distribution system.
Community Impact: Inspection of the service line inventory will allow the Public Works Department to ascertain which customers are at-risk for lead contamination based on the makeup of their existing water service lines.
Department Recommendation: The Public Works Department recommends approval of this item.
Project Implications: The Public Works Department must comply with this rule change by October 12, 2024.
Community Issues/Concerns: There may be members of the community who wish not to participate in this inventory and allow staff or contractors to determine the makeup of their water service lines. By the rules governing the LCRR those customers will be notified of the potential risks and the notification will be documented by the Public Works Department in accordance with the new rules/guidance.
Department Issues/Concerns: Currently, the Public Works Department’s maintenance responsibility ends at the water meter. Permission from the property owner is required to complete the lead service line inventory as stipulated by the LCRR.
Fiscal Impact / Funding Source
Funding Line 1:
n/a