Fayette Lead Ban in Private and Public Drinking Water Plumbing: General Policy ordinance (§ 705.030)

A. Purpose. The purpose of this Article is:

1. To ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and

2. To protect City residents from lead contamination in the City's public drinking water system and their own private plumbing systems.

B. Application. This Article shall apply to all premises served by the public drinking water system of the City of Fayette.

C. Policy.

1. This Article will be reasonably interpreted by the water purveyor. It is the purveyor's intent to ban use of lead-based material in the construction or modification of the City's system. The cooperation of all consumers is required to implement the lead ban.

2. If, in the judgement of the water purveyor or his authorized representative, lead-base materials have been used in new construction or modifications after January 4, 2014, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead-base materials removed from the plumbing system and replaced with lead-free materials. If the lead base materials are not removed from the plumbing system, the water purveyor shall have the right to discontinue water service to the premises.

D. Definitions. The following definitions shall apply in the interpretation and enforcement of this Article.

CONSUMER: The owner or person in control of any premises supplied by or in any manner connected to a public water system;

LEAD-BASE MATERIALS: Any material containing lead in excess of the quantities specified in the definition of "lead-free" herein:

LEAD-FREE When used with respect to solder and flux, refers to solders and flux containing not more than two-tenths percent (0.2%) lead; and

b. When used with respect to pipes, pipe fittings, plumbing fittings, and fixtures, refers to pipes, pipe fittings, plumbing fittings, and fixtures containing not more than a weighted average of twenty-five hundredths percent (0.25%) lead.

PUBLIC DRINKING WATER SYSTEM: Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

WATER PURVEYOR: The owner, operator, or individual in responsible charge of a public water system.

E. Exemptions.

1. "Pipes, pipe fittings, plumbing fittings or fixtures, including backflow preventers, that are used exclusively for non-potable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption." [SDWA 1417 (a)(4)(A)]

2. "Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, fire hydrants, shower valves, service saddles, or water distribution main gate valves that are two (2) inches in diameter or larger." [SDWA 1417 (a)(4)(B)]

F. Lead Banned From Drinking Water Plumbing.

1. No water service connection shall be installed or maintained to any premises where lead-base materials were used in new construction or modifications of the drinking water plumbing after January 4, 2014.

2. If a premises is found to be in violation of Subsection (F)(1), water service shall be discontinued until such time that the drinking water plumbing is lead-free.