Lead line mandate outlined for council

McCOOK, Neb. - It was a relatively short evening for the McCook City Council as it met in regular session Monday night. Mayor Linda Taylor called the meeting to order and noted that all members were present.

During the announcements and recognitions portion of the meeting, City Manager Nate Schneider reminded council members of a planning committee meeting scheduled for Monday, March 9, at 5:15 p.m. Kyle Potthoff then addressed the council, first offering condolences to city employee Rick Kinne on the loss of a family member and then recognizing the city’s recent award of a $300,000 Community Forestry Infrastructure Grant (see Feb. 26 McCook Gazette).

Chris Miller of Miller and Associates then presented information outlining the U.S. Environmental Protection Agency’s mandated lead service line inventory and replacement requirements, describing it as comparable in controversy to the uranium/arsenic rule.

Miller was referencing the unfunded mandate that divided McCook more than two decades ago over whether to invest in additional water treatment or obtain water from an alternative source.

Miller explained that the new lead regulation requires communities to identify and replace lead service lines due to public health concerns, and stressed that the lead issue does not originate from the city’s water source, but from service lines and plumbing materials within the distribution system and on private property.

Miller said, “The thing I want to make really clear is this is not a water supply issue.” Adding, “Everybody knows the lead is not coming from our source. It is coming from things like plumbing and fixtures.”

Miller said Nebraska received approximately $160 million through the Drinking Water State Revolving Fund to address lead service lines. Of that amount, about $93 million has already been committed, leaving most of $70 million available. The funding is offered on a first-come, first-served basis and must be spent by 2034. The loan structure provides 60 percent forgiveness and 40 percent repayment at zero percent interest for up to 30 years.

He reminded the council that communities were required to complete an initial inventory of service lines by Oct. 16, 2024, and that any service line classified as unknown is treated as lead under EPA rules. Inventories must be updated every three years, and all lead service lines must be replaced by 2037, regardless of whether state funding is used.

Under city ordinance, the city is responsible for lines from the water main to the curb stop or meter pit, while the homeowner is responsible from that point into the home. However, to qualify for state funding, replacement may require work on private property, depending on where the meter is located. Miller noted that this requirement has raised concerns because it involves replacing lines the city does not own.

Homeowners may refuse access to their property for replacement work. In those cases, the city must make three attempts to obtain permission. If access is denied, the line does not have to be replaced at that time. If the property later changes ownership, the process begins again.

The city is considering replacing approximately 100 service lines per year over several years, likely using contractors due to limited staff capacity. Miller said the council must decide whether to pursue available state funding while it remains. Regardless of that decision, he said, all lead service lines must be replaced by 2037 under current federal regulations. The presentation was informational only, and no action was taken.

The council then approved a proclamation designating March 2026 as Problem Gambling Awareness Month and authorized the mayor to sign.

Under the consent agenda, the council recommended approval to the Nebraska Liquor Control Commission of an application by the Knights of Columbus, 308 East Ninth Street, and adopted a resolution providing for the levy of special assessments for nuisance abatement costs at property owned by Donald J. Fout Jr., 1320 East B Street, McCook.

Schneider also provided an update on the youth sports complex project, noting significant progress over the past two weeks, including completion of turf installation on the northeast fourplex baseball field and ongoing work on the southeast fields, with the possibility of another field being finished soon.

He said the city plans to host a public viewing of the site on March 11 at 4 p.m. Schneider reported that the city is pursuing several grants, including an AARP grant for shade structures and a state grant for turf installation, and may request use of Community Betterment funds to support additional amenities. He also discussed coordination of water infrastructure at the site, including a temporary line to accommodate future residential development, and noted that a donation has been pledged, with additional details to be shared at a future meeting. He added that the city continues outreach to philanthropic organizations and grant agencies to reduce the financial burden on taxpayers.

During council comments, Mayor Taylor thanked city staff for their grant-writing efforts and recognized the extra hours worked in the process. The meeting adjourned at 6:12 p.m