HomeMy WebLinkAbout2024-08-08; Lead and Copper Rule Update (Districts - All); Padilla, DaveTo the members of the:
CITY COUNCI~
Date ~ [~[24 CA v CC ✓
CM -~_ ACM/ DCM (3) ✓
August 8, 2024
CMWD Board Memorandum
To: Carlsbad Municipal Water District Board of Directors
From: Dave Padilla, Acting General Manager
Via: Geoff Patnoe, Acting Executive Manager~
Re: Lead and Copper Rule Update (Districts -All)
Ccarlsbad
Municipal Water District
Memo ID# 2024057
This memorandum provides an update to a previous CMWD Board Memorandum dated
May 23, 2024 (Attachment A) on the CMWD's efforts to achieve compliance with the U.S.
Environmental Protection Agency's (EPA) Lead and Copper Rule Revisions (LCRR) and
forthcoming Lead and Copper Rule Improvements (LCRI).
Background
The LCRR was signed into the Code of Federal Regulations (CFR) on December 16, 2021, and
expands upon the 1991 Lead and Copper Rule (LCR). The LCRR 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.
The LCRR requires public water systems, like the CMWD, to submit an inventory of all service line
materials within its service area to their respective state 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 the CMWD, must also make the
inventory publicly accessible online.
The LCRR 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.
Discussion
Service Line Inventory
Since the May 23, 2024, update to the CMWD Board, the CMWD staff submitted its initial service
line inventory and findings to the DDW in July 2024. Lead service piping was not found on either
the CMWD or customer sides of the meter box at any of the designated sample sites. Per the
DOW-approved statistical analysis approach, the CMWD reported a "non-lead system" to DDW.
On August 1, 2024, the initial service line inventory was approved by the DDW LCRR Unit, so
required action was completed ahead of schedule.
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t
CMWD Board Memo -Lead and Copper Rule Update (Districts -All)
August 8, 2024
Page 2
Current federal and state guidance is for water purveyors to continue field verification of their
service line materials as part of daily operations, such as during service line repairs, water meter
readings, or replacements and then submit an annual update of the service line inventory.
CMWD staff will coordinate with the DDW as it develops a permanent solution for the annual
update, including field verification data.
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 on line. The CMWD is subject to this requirement.
For public water systems that do not include lead service lines, the CFR also allows for a
"statement of non-lead" in the public water system's annual consumer confidence report (CCR)
in lieu of an online accessible inventory. Current guidance from the DDW is to also publish online
the "statement of non-lead" for systems serving more than 50,000 people and instructions in the
CCR for the public to access the inventory. Staff anticipate publishing a statement on line and in
the 2025 CCR in order to meet the federal and DDW public availability requirements.
LCRI Requirements
With the anticipated release of the LCRI before the end of this year, staff will review the new
requirements for "non-lead" public water systems with particular focus in the following areas
(see Attachment A for further discussion):
• new tap sampling procedures
• lowering of the lead action level to 10 parts per billion (ppb)
• public outreach in the event of action level exceedance
• school and childcare facilities sampling
Staff will update the Board of any significant impacts on CMWD compliance efforts soon after the
adoption and review of the LCRI into the Federal Register.
Next Steps
Staff will continue to expand the CMWD service line inventory in preparation for annual
inventory updates and coordinate with the Communication & Engagement and Information
Technology Departments to fulfill the public accessibility requirement.
Staff will also monitor the status of the LCRI adoption and coordinate an outreach approach for
school and childcare sampling.
Attachment: A. CMWD Board Memorandum dated May 23, 2024
cc: Scott Chadwick, 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
CMWD Board Memo -Lead and Copper Rule Update (Districts -All}
August 8, 2024
Page 3
Gina Herrera, Assistant General Counsel
Amanda Flesse, General Manager
Maria Callander, Information Technology Director
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
James Wood, Environmental Sustainability Director
John Maashoff, Public Works Manager
Randy Metz, Fire Marshal
CMWD Board Memo -Lead and Copper Rule Update {Districts -All)
May 23, 2024
Page 2
Report Submittal to the State DDW
Staff are now packaging the inventory submittal per the DOW 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 on line. The CMWD service population is 95,158;
therefore, the CMWD is subject to the on line requirement.
The DDW accepts several methods to make the inventory publicly accessible, such as an on line
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
DOW has yet to clarify if this is an acceptable alternative.
The CMWD will continue to monitor the DOW 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:
o new tap sampling procedures
o lowering of the lead action level to 10 parts per billion {ppb)
o public outreach requirements in the event of action level exceedance
c, increased requirements to test schools and childcare facilities
All of these are expected to result in some impacts to existing operations. The DOW 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.
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CMWD Board Memo -Lead and Copper Rule Update (Districts -All)
May 23, 2024
Page 3
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
Board Memo -Lead and Copper Rule Update (Districts -All)
May 18, 2023
Page 2
o 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
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>cposure
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 e)(posure to lead in
drinking water. The EPA is e,cpected 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 jurnpstart mitigation earlier, driving
complete rather than partial lead service line replacements, required testing in schools and
childcare facilities and a forthcomi11g 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, the1·e
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 speciflcally mandated verification
processes. Staff have completed the verification required for over 50% o'fthe 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 appro)(imately $80,000 and an additional
appro)(lmately $60,000 is e,cpected to be spent to complete the field verification and mapping of
the private laterals.
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