To the members of the:
CITY COUNCIL
OatelJJ~-,,~cJ, CA ✓ CC ✓
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May 23, 2024
C D Board Memorandum
To: Carlsbad Municipal Wat is ri t Board of Directors
From: Dave Padilla, Interim ~ e e anager
Via: Scott Chadwick, Execu, ive a ger
Re: Lead and Copper Rule lP.d Districts - All)
Ccarlsbad
Municipal Water District
Memo ID# 2024034
This memorandum provides an update to the information in the December 14, 2023, CMWD Board Memorandum (Attachment A), regarding the U.S. Environmental Protection Agency's (EPA) Lead and Copper Rule Revisions (LCRR), forthcoming Lead and Copper Rule Improvements (LCRI) and the CWMD's efforts to achieve compliance with the new regulations.
Background
The LCRR is one of the new water quality regulations applicable to public water systems, including t he CMWD. The LCRR expands upon the 1991 Lead and Copper Rule (LCR) and is part of the EPA's broader plan to work with state agencies and water purveyors to replace lead service lines to better protect communities from exposure to lead in drinking water distributed by a community water system.
The LCRR was signed into the Code of Federal Regulations on December 16, 2021, and is anticipated to be amended with the LCRI by the end of 2024. The LCRI will provide additional provisions for water quality sampling, corrosion control techniques, public outreach and timely removal of lead service lines.
Per the LCRR, public water systems like the CMWD must submit an inventory identifying the mat erials of all service lines within its service area to their respect ive stat e agency, which is the State Water Resources Control Board Division of Drinking Water (DDW) in California, by October 16, 2024. Public water systems serving a population of over 50,000 like CMWD, must also make t he inventory publicly accessible online.
Discussion
Since the last update to the CMWD Board in December 2023, the CMWD staff have completed field verification of all service lines specified by the CMWD verification plan, which was approved by the DOW on June 30, 2023. Additional information regarding the plan is provided in the CMWD Board Memorandum dated July 27, 2023, which is included as part of Attachment A.
Lead service piping was not found on either the CMWD or customer sides of the meter box at any of the designated sample sites in the plan. Per the DOW-approved statistical analysis approach within the approved plan, t he CMWD will report a "non-lead system" to DDW.
Carlsbad Municipal Wate r District
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t CMWD Board Memo - Lead and Copper Rule Update (Districts - All) May 23, 2024
Report Submittal to the State DDW
Staff are now packaging the inventory submittal per the DDW specifications and anticipate submitting the inventory for approval by late summer 2024, in advance of the October LCRR deadline. Staff are preparing a final completion report that will memorialize the CMWD's inventory approach and findings. The inventory will then be audited at random by the DDW's LCRR task force or during the CMWD's next sanitary survey.
Public Availability Requirement
Per the requirements of the LCRR, public water systems with a service population greater than 50,000 must make their inventory available online . The CMWD service population is 95,158; therefore, the CMWD is subject to the online requirement.
The DDW accepts several methods to make the inventory publicly accessible, such as an online spreadsheet or an interactive map. The Code of Federal Regulations also allows for a "statement of non-lead" in the public water system's annual consumer confidence report (CCR) in lieu of an on line accessible inventory, in the event the inventory does not include lead service lines. The DDW has yet to clarify if this is an acceptable alternative.
The CMWD will continue to monitor the DDW requirements and will engage in discussions with the Communication & Engagement and Information Technology Departments to fulfill the public accessibility requirement before the October deadline.
New LCRI Requirements Expected after October 2024
Owning a "non-lead" public water system significantly reduces the impact of the forthcoming LCRI to the CMWD operations . The primary goal of the LCRI is to replace all lead service lines in the United States, estimated to be over nine million, within 10 years of its adoption. Additional requirements for public outreach and tap sampling requirements will also be included in the LCRI to expedite timely replacements.
While the CMWD will see a reduced impact by the LCRI because its inventory does not include lead service lines, some provisions will apply, such as:
• new tap sampling procedures
• lowering of the lead action level to 10 parts per billion (ppb) • public outreach requirements in the event of action level exceedance • increased requirements to test schools and childcare facilities All of these are expected to result in some impacts to existing operations. The DDW may further amend the LCRI with requirements specific to the State of California; one of which is expected to be annual supplemental field inspections to further verify statistical models used to determine "non-lead" service lines.
Staff will continue to monitor the LCRI as it is further developed and will update the Board of any significant changes upon its formal adoption into the Federal Register.
CMWD Board Memo - Lead and Copper Rule Update (District s - All) May 23, 2024
School and Childcare Facility Sampling Requirements
The adoption of the LCRI, which is expected by the end of 2024, will build upon the school and childcare sampling requirements originally specified in the LCRR. Currently, under the existing LCRR, public water systems are to collect tap samples and test for lead at all childcare facilities, and elementary and primary schools within their service area as defined by the DDW beginning October 16, 2024, and must be completed by October 16, 2029, with at least 20% of qualifying facilities tested each year.
Current DDW guidance defines childcare facilities as those licensed by the State Department of Social Services, but remains unclear on family childcare homes, which are licensed by local agencies, or other facilities that host pre-school programs, such as the city's Calavera Hills Community Park, Scout House or Kruger House. Further clarification from the DDW is anticipated in response to the LCRI release.
The CMWD estimates 41 school and childcare facilities require testing per the DDW's current definition of a childcare facility. Public water systems must also offer to test secondary schools (9th to 12th grade) per the LCRR. Day care and school facilities are not required to be tested should the institution decline the offer. Carlsbad Village Academy, Sage Creek and Carlsbad High Schools are secondary schools within the CMWD's service area that may accept the offer for tap sampling.
School and Childcare Facility Outreach/Communication
Upon formal adoption of the LCRI, the CMWD will coordinate an outreach approach with the Communication & Engagement Department prior to engaging the sampling effort with qualifying facilities. Close coordination will be required with these facilities as the premise plumbing will need to remain idle for eight to 18 hours prior to sample collection. As a result, the CMWD anticipates testing during the summer months or seasonal breaks.
School and childcare sampling must commence October 16, 2024, and be completed by October 16, 2029, with at least 20% of qualifying facilities tested each year. Public water systems are also required to provide a copy of the EPA's Training, Testing and Taking Action {3T's) for Reducing Lead in Drinking Water in School and Childcare Facilities as part of the sampling outreach process.
Next Steps
Staff will submit the inventory to DDW for approval by late summer 2024, in advance of the October LCRR deadline .
Staff will continue to monitor the status of the LCRI adoption and coordinate an outreach approach upon adoption . School and childcare sampling must commence October 16, 2024.
Attachment : A. CMWD Board Memorandum dated December 14, 2023 CMWD Board Memo - Lead and Copper Rule Update (Districts - All) May 23, 2024
cc: Geoff Patnoe, Assistant Executive Manager
Cindie McMahon, General Counsel
Paz Gomez, Deputy City Manager, Public Works
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief
Gina Herrera, Assistant General Counsel
Maria Callander, Information Technology Director
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
James Wood, Environmental Sustainability Director
Dave Padilla, District Engineer
John Maashoff, Public Works Manager
Randy Metz, Fire Marshal
o the members of the: Attachment A
CITY COUNCIL /
Date b-~A / cc
CM ✓ACM ?ocM (3) 1L Ccarlsbad
Municipal Water District
Memo ID# 2023125
d Memorandum
December 14, 2023
To: Carlsbad Municipal Water Distric o of Directors
From: Vicki Quiram, General Manager
Via: Scott Chadwick, Executive Mana r
Re: Lead and Copper Rule Update (Districts - All)
This memorandum provides an update to the information in the July 27, 2023, CMWD Board Memorandum (Attachment A), regarding the U.S. Environmental Protection Agency's (EPA) Lead and Copper Rule, including the Lead and Copper Rule Revisions and the forthcoming Lead and Copper Rule Improvements. The Lead and Copper Rule is one of the new water quality regulations applicable to public water systems, including the Carlsbad Municipal Water District (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. The EPA committed to building upon the 2021 Lead and Copper Rule Revisions (LCRR) with the Lead and Copper Rule Improvements (LCRI).
On November 30, 2023, the EPA released its proposal for the LCRI. The overarching goals of the rule improvement are to identify and replace all lead service lines within 10 years, improve public health protection and increase public transparency.
Discussion
Since the last update to the CMWD Board in July 2023, CMWD staff have continued to field-verify service line materials and ensure compliance with the continually changing requirements of the lead and copper regulations originally published in 1991. Staff have visited approximately 400 of the 1,000 State Water Resources Control Board (or State Water Board)-approved sites, which have included the oldest structures in the CMWD service area that have a higher likelihood of lead service line materials due to the ir installation dates. No lead material has been identified to date.
The remaining service line field -verifications are in areas of newer development and have a much less likelihood of encountering lead service materials due to ongoing changes to the Uniform Plumbing Code and the CMWD engineering standards, which included increasingly stringent lead service line restrictions.
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) December 14, 2023
While lead service line sampling is ongoing, CMWD staff continue to monitor regulations to ensure compliance. The proposed LCRI released last week provides more information on what will be required for those water purveyors that find and need to replace lead service lines after the inventory deadline of October 16, 2024. Any lines that do not meet the requirements would need to be replaced within 10 years with no less than 10% of services replaced each year. Staff do not expect the recent LCRI proposed changes to impact the CMWD operations .
Next Steps
Staff will continue to field-verify service line materials at select locations to complete the CMWD's service line inventory. The service line inventory must be submitted to the State Water Board by October 16, 2024, which is the LCRR deadline. Staff anticipate completing the field verifications by summer 2024 and will submit the inventory to the State Water Board for appro val shortly thereafter, which would be a few months prior to the deadline.
Staff will continue to track the LCRI as it is further developed and eventually published into the Federal Register. The EPA ant icipates finalizing the LCRI before the LCRR compliance begins on October 16, 2024. Staff will update the CMWD Board of any significant changes.
Attachment: A. CMWD Board Memorandum dated July 27, 2023 cc: Geoff Patnoe, Assistant Executive Manager
Cindie McMahon, General Counsel
Gary Barberio, Deputy City Manager, Community Services
Paz Gomez, Deputy City M anager, 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 Sustainabilit y Director
Dave Padilla, Assistant General Manager/District Engineer Gina Herrera, Deputy General Counsel
John Maashoff, Public Works Manager
Randy Metz, Fire Marshal
T the members oHhe:
CITY COUNCIL /'
Dat~ Z.1 e 3 CA ✓CC ~ /
CM _ AC ___){[)CM (3) _V
July 27, 2023
Attachment A
ard Memorandum
To: Carlsbad Municipal Water Dist i t
From: Vicki Quiram, General Manage
Via: Scott Chadwick, Executive Ma age
Re: Lead and Copper Rule Update 'B'rstricts - All)
arlsba l
Municipal Water District
Memo ID# 2023079
This memo randum provide s an update t o 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 th e new water quality regulations applic able to publi c wat er syst ems, 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 bette r prot ect communities from exposure t o lead in drinking water. On December 16, 2021, t he EPA announced new Lead and Copper Rule Revisions (LCRR). The LCRR includ ed near-t erm actions to reduce lead in drinking water. These revisions became effective on December 16, 2021, with a compliance date of Oct ober 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 t hat includes both public services and private laterals1. Staff continue t o work t oward meeting thi s testing requirement by the Compliance Date.
Discussion
The CMWD's public wate r system contains over 32,000 service connections . Currently, there are not any known lead service lines in the public wat er system. The CMWD has performed required regulatory water testing, and the presence of lead has not been indicat ed in any of the testing result s.
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 t hree 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 ofthe 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
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To the members of the:
CITY COUNCIL
Date t;~e,fl.?-CA ✓ CC ✓
CM_L CM..u,:DCM (3) /
May 18, 2023
ATTACHMENT A
CMWD Board Memorandum
To: Carlsbad Municipal Wate oard of Directors
From: Vicki Quiram, General Manager
\/i a: Scott Chadwick, Executive Ma age -
Re: Lead and Copper Rule Update Dis I s - All)
arls a
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 st atutory authori ty, 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).
Baclcground
The EPA established the LCR in 1991, and corrections and revisions were made in 2000 and 2004.
On December 22, 2020, the EPA fin alized 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 t he State Board is still attempting to clearly define the requirements for complet ing the inventory In California, which has resulted in ongoing changes.
Staff have been moving ahead with the inventory project and coordinating with the Regional Wate r Quality Control Board staff and ot her 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 dat e of October 16, 2024:
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t ! I
I I
Board Memo - Lead and Copper Rule Update (Districts - All) May 18, 2023
o Create an inventory of service lines, including research, field verification of a statistically significant number of service lines and geographic information system (GIS) mappit,g 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 o Submit the lead service line inventory to the State Board o If lead is found, submit a Lead Service Line Replacement Plan to the State Board o Make the inventory publicly accessible online
o 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 e><posure 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 indicati_ng 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 approJdmately $80,000 and an additional approximately $60,000 is e>cpected 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 wlll likely be directed to lead line replacements, after the inventories are complete in states that have older infrastructure and find significant amounts of lead.
Nent 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:
o Replacing all lead service lines
o Strengthening compliance tap sampling
0 More protective action and trigger level limits for lead and copper tests o Prioritizing lead service removal in underserved communities cc: Geoff Patnoe, Assistant E><ecutive Manager
Cindie McMahon, General Counsel
Ron l<emp, 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
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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