Anne Arundel Council approves ordinance to inspect and replace private lead service lines; debate over who pays
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Summary
The County Council on Jan. 5 approved Bill 94-25 to let the Department of Public Works inventory and replace private lead service lines using an expanded infrastructure maintenance fee, setting an inventory deadline of Nov. 2027 and mandatory replacement starting in 2028 (10% per year). The vote was 4–3 after heated debate over using utility funds to pay private-property replacements.
Anne Arundel County’s Council voted 4–3 on Jan. 5 to pass Bill 94-25, an ordinance that renames and expands the county’s environmental protection fee (now called the infrastructure maintenance fee) to allow the Department of Public Works (DPW) to use the fund for regulatory compliance work including identifying and replacing private lead service lines.
The administration said the change responds to federal requirements under the Environmental Protection Agency’s revised Lead and Copper Rule and related provisions of the Safe Drinking Water Act. Ethan Hunt, representing the administration, told the Council the county must develop an inventory and replacement plan; DPW staff said the inventory is due Nov. 2027 and the program requires replacing 10% of identified lead service lines per year beginning in 2028.
DPW staff reported about 8,000 properties in the county were built before the 1937 ban on lead service lines and noted a likely smaller number of actual lead connections. “We suspect there’ll be around maximum 1,200 that need to be replaced,” an assistant director said, and staff estimated average replacement costs at roughly $10,000 per property. To complete the inventory, staff described a limited excavation process (“potholing”) of roughly a 12-by-12-inch hole near the meter to confirm pipe material.
Councilmembers split sharply over who should pay. Opponents argued the work upgrades private property and that paying from the utility fee shifts costs to all water customers rather than the property owners who will ultimately benefit. “I have a huge problem with that,” Councilman Moore said, arguing the county should pursue liens or repayment plans so utility customers do not subsidize private gain. Supporters and the administration said compliance, equity and public-health considerations motivated using the utility-funded fee and that immediate, systematic replacement avoids prolonged public-health risks to children.
Public commenters were also split. One resident urged liens or repayment schedules for owners; a community health advocate said lead remediation is a public-health investment that benefits the entire community. The administration said it has budgeted to cover replacements from the utility fund rather than charging individual homeowners, citing uncertainty about owners’ ability to pay and examples from other jurisdictions.
The ordinance also grants DPW and authorized contractors a limited right of entry to inspect service lines on private property (near meters) for inventorying and replacement purposes. The administration said the work will focus on service-line segments between the meter/right-of-way and the house and that most inspections will not require entry into the interior of dwellings.
The Council’s final roll call (Radbien, Smith, Pickard, Hummer Aye; Ledbetter, Volkke, Fiedler Nay) approved the ordinance as amended. Next steps identified in the hearing: complete the inventory (due Nov. 2027), confirm budget and contracting approach for phased replacements beginning in 2028, and continue public outreach about how inspections and any replacement work will be conducted.
