To the members of the:
CITY COUNCIL /
Dat~:,1e °3CA ✓cc_/
CM AC VOCM (3) ~ - -
ard Memorandum
July 27, 2023
To: Carlsbad Municipal Water Dist i t
From:
Via:
Re:
Vicki Quiram, General Manage
Scott Chadwick, Executive Ma age
Lead and Copper Rule Update tricts -All)
(carlsbad
Municipal Water District
Memo ID# 2023079
This memorandum provides an update to the information in the May 18, 2023, CMWD Board Memorandum (provided as Attachment A), regarding the U.S. Environmental Protection Agency's (EPA) Lead and Copper Rule. The Lead and Copper Rule is one of the new water quality regulations applicable to public water systems, including the CMWD.
Background
The Lead and Copper Rule is part of the EPA's broader plan to work with federal, state and local governments to replace lead pipes to better protect communities from exposure to lead in drinking water. On December 16, 2021, the EPA announced new Lead and Copper Rule Revisions (LCRR). The LCRR included near-term actions to reduce lead in drinking water. These revisions became effective on December 16, 2021, with a compliance date of October 16, 2024 (Compliance Date).
The EPA has committed to revising the LCRR with the Lead and Copper Rule Improvements (LCRI), which will delay some implementation of the new requirements past the Compliance Date. However, the EPA is maintaining the Compliance Date for the newly required lead service line inventory that includes both public services and private laterals1. Staff continue to work toward meeting this testing requirement by the Compliance Date.
Discussion
The CMWD's public water system contains over 32,000 service connections. Currently, there are not any known lead service lines in the public water system. The CMWD has performed required regulatory water testing, and the presence of lead has not been indicated in any of the testing results.
1 In general, water districts own the water main, or pipe, that is under the street as part of the distribution system. Service lines are placed perpendicular to the water main and deliver water from the main to each water customer. Water districts own the service line from the main to the meter, and private customers own the service line downstream from the meter to the building (i.e., private laterals).
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t
Board Memo -Lead and Copper Rule Update (Districts -All) July 27, 2023
In 2022, staff began implementing actions to ensure compliance with all provisions of the new EPA regulations before the Compliance Date. Staff have completed the required verification for over 50% of the public and private laterals in the CMWD's service area, and there were no lead service lines detected.
A field verification process for the remaining half of the CMWD's laterals is now required. Prior to beginning this process, on June 26, 2023, staff submitted a formal field verification plan to the State Water Resources Control Board (SWRCB). The plan includes physically sampling pipe material from a representative sample of the remaining meters on both the private and public sides, and the state approved the plan on June 30, 2023.
Next Steps
The physical sampling of the CMWD laterals began this week on July 24, 2023. Using the methodology provided in the Field Verification Sampling Plan, staff will perform the sampling of 1,000 meter boxes.
The sampling process is non-invasive and is completed by opening up the meter box in the public right-of-way. It takes about three minutes to complete the process. In addition, staff need to take samples where the water lateral enters the home at 50 different locations. Staff have worked closely with the Communication & Engagement Department staff to ensure that customers are appropriately notified of the testing process. CMWD staff regularly work on meters near the edge of a customer's private property, to operate and maintain the CMWD facilities.
Using CMWD staff to perform the sampling, both field verification processes will be complete by August 2024, well in advance of the Compliance Date. The mapping of the materials and submittal of all regulatory reports and plans will also be completed by the Compliance Date.
Attachment: A. CMWD Board Memorandum dated May 18, 2023 cc: Geoff Patnoe, Assistant Executive Manager
Cindie McMahon, General Counsel
Ron Kemp, Senior Assistant General Counsel
Gary Barberio, Deputy City Manager, Community Services
Paz Gomez, Deputy City Manager, Public Works
Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
James Wood, Environmental Sustainability Director
Dave Padilla, District Engineer
Gina Herrera, Deputy General Counsel
John Maashoff, Public Works Manager
Randy Metz, Fire Marshal
Board Memo -Lead and Copper Rule Update (Districts -All) July 27, 2023
Eric Sanders, Utilities Manager
Daniel Zimny, Utilities Senior Engineer
To the members of the:
CITY COUNCIL
Date t:)Q'6[2'sCA ✓ CC./
CM ..d_ CM ...lL"DCM (3) /
May 18, 2023
ATTACHMENT A
CMWD Board Memorandum
To: Carlsbad Municipal Water
From: Vicki Quiram, General Manager
Via: Scott Chadwick, Executive Ma a-'ge~~-
Re: Lead and Copper Rule Update Dis
Ccarlsbad
Municipal Water District
Memo ID# 2023047
This memorandum provides updated information related to development of the U.S.
Environmental Protection Agency's (EPA) commitment to use its statutory authority, technical assistance, funding and other tools to protect all Americans from lead exposure in drinking water through revisions to the Lead and Copper Rule (LCR).
Background
The EPA established the LCR in 1991, and corrections and revisions were made in 2000 and 2004.
On December 22, 2020, the EPA finalized the first major update to the LCR in nearly 30 years, which updated the lead and copper contaminate level goals.
On December 16, 2021, the EPA announced new January 2021 Lead and Copper Rule Revisions (LCRR). The LCRR support near-term actions to reduce lead in drinking water. These revisions became effective on December 16, 2021, with a compliance date of October 16, 2024. The EPA has committed to revising the LCRR by October 16, 2024, with the Lead and Copper Rule Improvements (LCRI). The LCRI are expected to delay implementation requirements for portions of the LCRR past the October 16, 2024, compliance date; however, the EPA is maintaining the October 16, 2024, compliance date for a lead service line inventory that includes both public services and private laterals.
In California, the State Water Resources Control Board (State Board) enforces the California Lead and Copper Rule that is aligned with the EPA's LCRR. Each state is interpreting the requirements of EPA's updated rule differently, and the State Board is still attempting to clearly define the requirements for completing the inventory in California, which has resulted in ongoing changes.
Staff have been moving ahead with the inventory project and coordinating with the Regional Water Quality Control Board staff and other agencies in the state to assure compliance with all of the state's requirements.
The following steps are required to meet the completion of a lead service line inventory regulatory compliance date of October 16, 2024:
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 J 442-339-2722 t
Board Memo -Lead and Copper Rule Update (Districts -All) May 18, 2023
• Create an inventory of service lines, including research, field verification of a statistically significant number of service lines and geographic information system (GIS) mapping of every service line on the:
o Public side of the meter -from the main to the meter
o Private side of the meter -from the meter to the house • Submit the lead service line inventory to the State Board • If lead is found, submit a Lead Service Line Replacement Plan to the State Board • Make the inventory publicly accessible on line
• If the material of any service line cannot be verified, it is considered "unknown" and the customer must be notified that they could have lead exposure The LCRR and LCRI are part of the EPA's broader plan to work with federal, state and local governments to replace lead pipes to better protect communities from exposure to lead in drinking water. The EPA is expected to adopt the LCRI by October 16, 2024. Future deadlines of the LCRR and LCRI will include using new testing protocols designed to detect more sources of lead in drinking water, establishment of a "trigger" level to jumpstart mitigation earlier, driving complete rather than partial lead service line replacements, required testing in schools and childcare facilities and a forthcoming new primary drinking water regulation.
Discussion
The Carlsbad Municipal Water District's (CMWD) water system contains over 32,000 service connections. At this time, the CMWD has no known lead service lines in the public water system.
In the past, as the CMWD has performed the currently required regulatory water sampling, there have not been any results indicating the presence of lead.
In 2022, staff began the development of a more comprehensive lead inventory of public and private laterals. As required in the LCRR, this inventory includes specifically mandated verification processes. Staff have completed the verification required for over 50% of the public and private laterals. These laterals serve structures that were built after 1986, when lead was banned as an approved plumbing material by the California Health and Safety Code. The GIS mapping has been prepared to track the results for both the public and private sides of the meters. Although unlikely, as staff move forward in the verification process, some older homes could be found to have lead piping components on the private side of the lateral.
Unfunded Federal Mandate
EPA estimated the cost of the rule to public water systems would be $131,792,000 (low cost estimate) to $298,820,000 (high cost estimate) at a 3% discount rate, and $136,605,000 (low cost estimate) to $330,908,000 (high cost estimate) at a 7% discount rate. Carlsbad's cost for the analysis and mapping of the inventory to date is approximately $80,000 and an additional approximately $60,000 is expected to be spent to complete the field verification and mapping of the private laterals.
Board Memo -Lead and Copper Rule Update {Districts -All) May 18, 2023
More details on future costs for implementation of the LCRI can be estimated when EPA adopts the new LCRI, which EPA plans to do on October 16, 2024. If lead services are identified, which is expected to be very unlikely, future costs will be significantly higher.
Additional important resources outside of the regulatory framework include some recent federal infrastructure appropriations for water infrastructure as well as legislative funding proposals currently in development. These will likely be directed to lead line replacements, after the inventories are complete in states that have older infrastructure and find significant amounts of lead.
Next Steps
The CMWD is in the process of implementing a plan to assure compliance with all provisions of these new regulations before the October 16, 2024, deadline. As recently as this week, the State Board better clarified the requirements for the verification process, and staff will now submit a formal verification plan for approval. This month, staff will begin the field verification process which includes physical sampling of the pipe material on both the private and public sides of about 1,000 meters in areas that were built before 1986.
In addition, 50 samples will need to be taken where the water lateral enters the home. The sampling process is non-invasive and takes about three minutes. Using CMWD staff to sample, both processes will be complete by August 2024, and the CMWD does not expect to have any services defined as "unknown." The mapping of the materials and submittal of all regulatory reports and plans will be completed by the October 16, 2024, deadline.
The final rulemaking step by the EPA will be development of a proposed National Primary Drinking Water Regulation, the LCRI, prior to October 16, 2024. It is expected to focus on:
• Replacing all lead service lines
• Strengthening compliance tap sampling
• More protective action and trigger level limits for lead and copper tests • Prioritizing lead service removal in underserved communities cc: Geoff Patnoe, Assistant Executive Manager
Cindie McMahon, General Counsel
Ron Kemp, Senior Assistant General Counsel
Gary Barberio, Deputy City Manager, Community Services
Paz Gomez, Deput y City Manager, Public Works
Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
James Wood, Environmental Sustainability Director
Board Memo -Lead and Copper Rule Update (Districts -All) May 18, 2023
Dave Padilla, Assistant General Manager/District Engineer Gina Herrera, Deputy General Counsel
John Maashoff, Public Works Manager
Randy Metz, Fire Marshal
Eric Sanders, Utilities Manager
Daniel Zimny, Utilities Senior Engineer