On the Water Front: Finding the Leaks, Getting the Lead Out
Tom Johnson | February 14, 2017
New Jersey’s aging infrastructure can waste up to 30 percent of drinking water before it’s even delivered to customers
In a bid to avoid costly water losses, a legislative committee yesterday adopted a bill that would order water companies to conduct audits of their own systems to see how much water is wasted before it ever gets to customers.
The legislation (A-4415), modeled after similar measures in place in other states, is designed to address the well-known problem of leaks in aging water infrastructure that allow up to 30 percent of drinking water to be lost before it gets to consumers.
In another measure related to drinking water, the Assembly Environment and Solid Waste Committee approved a bill (A-4139) to require healthcare facilities to test for and remove lead in drinking water found in their systems.
The legislation is part of a series of bills aimed at addressing problems with the quality of drinking water, ranging from lead-tainted supplies in schools and other facilities to toxic contaminants in public water-supply systems and private wells.
At the same time, a legislative task force is conducting hearings on the aging drinking-water infrastructure in New Jersey, much of its 100 years or older and prone to leaks and major water-main breaks. The federal government has projected the state needs to spend $8 billion to overhaul the drinking-water infrastructure.
Among the biggest problems are undetected leaks in older mains that are losing an estimated 130 million gallons of water a day, according to one recent study by the Natural Resources Defense Council.
Larry Levin, a water attorney for the NRDC, told the committee that water audits could be used to reduce water losses, and save consumers money. More than 50 million gallons of water daily could be recovered with better accounting, at an estimated savings of $10 million.
“Considerable savings can be garnered by doing these audits,’’ said George Kunkel, a former executive with the Philadelphia Water Department and an author of the study.
“The problem here (New Jersey) is as great as elsewhere given the age of the water system,’’ Levine added.
“It’s astounding,’’ agreed Assemblyman John McKeon (D-Essex), a member of the legislative task force studying drinking water, referring to estimated water losses. “Something needs to be done. All it takes is money.’’
But Jeff Tittel, director of the New Jersey Sierra Club, said that is precisely the problem with the bill. It will identify and confirm a well-recognized problem, but it does not spell out how to find the money to fix the leaks. “This bill kicks the problem down the road,’’ he said.
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ASSEMBLY, No. 4139
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED SEPTEMBER 19, 2016
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblywoman ELIZABETH MAHER MUOIO
District 15 (Hunterdon and Mercer)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Requires health care facilities to test for and remediate lead in drinking water, and disclose test results.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning lead in drinking water at health care facilities and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The owner or operator of a health care facility shall undertake periodic testing of each drinking water outlet in the health care facility for the presence of lead. Each test for lead shall be conducted by a laboratory certified for this purpose by the Commissioner of Environmental Protection, in accordance with the sampling and testing methods specified by the commissioner. The initial tests for lead shall be conducted no later than 90 days after the effective date of this act, and subsequent testing shall be conducted every five years thereafter, unless the commissioner determines, on a case-by-case basis, that a greater or lesser frequency of testing is necessary or sufficient to ensure public health.
b. If testing conducted pursuant to subsection a. of this section reveals an elevated lead level at a drinking water outlet, the health care facility shall immediately shut or close off access to that drinking water outlet and take appropriate remedial measures to ensure that patients, staff, and visitors to the health care facility are not exposed to drinking water with an elevated lead level and have access to clean and safe drinking water at the facility. Such remedial measures may include, but need not be limited to: permanently shutting or closing off access to the drinking water outlet; providing an alternative source of water; manual or automatic flushing of the drinking water outlet; installing and maintaining a filter at the drinking water outlet; and repairing and replacing the drinking water outlet, plumbing, or service line contributing to the elevated lead level.
c. Each health care facility shall: (1) submit to the Department of Environmental Protection and the Department of Health, as soon as practicable, information on testing activities conducted pursuant to subsection a. of this section, including, but not limited to, the date the testing was completed, the location and type of each drinking water outlet tested, the complete results of each test, and any measures being taken pursuant to subsection b. of this section to remediate a drinking water outlet found to have an elevated lead level; (2) maintain copies of the information submitted pursuant to this subsection in a suitable location for inspection by the public and on the health care facility’s Internet website, if applicable; and (3) post a summary of the test results and information on the availability of the complete test results for public inspection, in the area of each major entrance and in each admitting room in the health care facility.
d. Notwithstanding the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Department of Environmental Protection, in consultation with the Department of Health, may adopt, after notice, interim rules and regulations necessary to implement the provisions of this act, including, but not limited to, sampling and testing methods. The rules and regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted by the department in accordance with the provisions of the “Administrative Procedure Act.”
e. As used in this section:
“Commissioner” means the Commissioner of Environmental Protection.
“Drinking water outlet” means any water fountain, faucet, or tap regularly used for drinking or food preparation, including ice-making and hot drink machines.
“Elevated lead level” means a lead concentration in drinking water that exceeds the standard therefor established by the United States Environmental Protection Agency or the Department of Environmental Protection, whichever is more stringent.
“Health care facility” means the same as that term is defined in section 2 of P.L.1971, c.136 (C.26:2H-2).
2. This act shall take effect immediately.
STATEMENT
This bill would require health care facilities to test for and remediate lead in drinking water, and disclose the test results.
Specifically, under the bill, the owner or operator of a health care facility would be required to undertake periodic testing of each drinking water outlet in the facility for the presence of lead. Each test for lead would be conducted by a laboratory certified for this purpose by the Commissioner of Environmental Protection, in accordance with the sampling and testing methods specified by the commissioner. The initial tests would be conducted no later than 90 days after the effective date of the bill, and subsequent testing would be conducted every five years thereafter, unless the commissioner determines, on a case-by-case basis, that a greater or lesser frequency of testing is necessary or sufficient.
Under the bill, if testing reveals an elevated lead level at a drinking water outlet, the health care facility would be required to immediately shut or close off access to that outlet and take appropriate remedial measures to ensure that patients, staff, and visitors to the health care facility are not exposed to drinking water with an elevated lead level and have access to clean and safe drinking water at the facility. Each health care facility would be required to submit to the Department of Environmental Protection and the Department of Health information on its testing activities, maintain copies of that information in a suitable location and on its Internet website, if applicable, and post a summary of the test results and information on the availability of the complete test results in the area of each major entrance and in each admitting room in the health care facility.