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AN ORDINANCE TO AMEND TITLE XVI, ENTITLED "HEALTH, SANITATION AND AIR POLLUTION," OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ADDING A NEW CHAPTER 23, ENTITLED "MANDATORY REPLACEMENT OF LEAD SERVICE LINE".
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WHEREAS, the City of Newark operates the Pequannock water system and the Wanaque water system, the City's water distribution system, to service its residents and other neighboring municipalities; and
WHEREAS, the Pequannock water system and the Wanaque water system are, and continue to be, clean sources of water; and
WHEREAS, there exists approximately 18,000 privately owned properties serviced by obsolete lead service lines within the City of Newark, 15,000 within the Pequannock water system; and
WHEREAS, the lead service lines connect to the City's water distribution system, but are owned by the property owner; and
WHEREAS, in 1953 the City of Newark prohibited the use of lead service lines and plumbing in new construction; in 1986 Federal law banned the use of lead solder on pipes in the construction of new homes; and
WHEREAS, the United States Environmental Protection Agency (the "USEPA") adopted regulations to control lead and copper in drinking water and the NJDEP directed the City to replace lead service lines in accordance with the USEPA's lead and copper rule; and
WHEREAS, the City believed and believes that the provision of clean, lead free drinking water to its residents is a public purpose beneficial to the City as a whole and any benefit to any private land owner in accomplishing this purpose is incidental and subordinate to this primary public and governmental purpose; and
WHEREAS, in October 2018, the City of Newark created a comprehensive plan to protect families that may be exposed to lead in the water due to obsolete lead service lines on their property; and
WHEREAS, as part of it...
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