Youngstown Daily Legal News

New standards sought for water, sewer pipe materials

TIFFANY L. PARKS
Special to the Legal News
Published: March 31, 2014

As one solution to aging infrastructure across Ohio, Rep. Andrew Thompson has introduced House Bill 417 into the legislature.

The bill would ensure that all proven and acceptable piping materials are included in bids for water and wastewater utility service improvement projects.

“One of the major concerns facing municipalities in our state is crumbling infrastructure,” said Thompson, R-Marietta.

“While I served as finance chair on Marietta City Council, we were constantly contending with water main breaks or the need to replace sewer lines. It is a pending problem and the magnitude is likely far worse, and the cost far more substantial, than we’d like to admit.”

Thompson said municipalities need a solution that is both effective and cost-effective.

“Unfortunately, the materials that can supply that solution are often not even allowed to be considered in the bidding process,” he said.

According to a bill summary, HB 417 would require certain governmental agencies, when contracting for water or wastewater utility service improvement projects, to procure only piping material that meets the current recognized standards issued by ASTM International and the American Water Works Association, or their successor organizations.

If signed into law, the measure would require the governmental agencies to make certain considerations regarding the piping material, such as considering the material to be suitable for a project only if its use is commensurate with sound engineering practices and the project requirements.

“In Cleveland there is an ordinance on the books that dates back to 1937 that specifies the materials that are allowable in constructing a service pipe,” Thompson said.

“The materials vary depending on the diameter and placement of the pipe within the water system, but the materials are generally limited to lead, copper, brass, wrought iron or steel.”

Thompson said the ordinance allows for use of other materials if special, written permission is granted.

“I may not represent Cuyahoga County but I am fairly certain they would welcome an option that could replace lead when installing new pipes, especially given the new material advancements that have come about since the referenced ordinance’s inception prior to World War II,” he said.

In Marietta, Thompson said the water and sewer connections ordinance limits the materials available for both water piping and sewer piping.

The ordinance reads: “In making water connections, where the pipe is one inch or less, it shall be copper or other approved material; where it is over one inch, it shall be cast iron or other approved material. In making sewer connections, all sewer pipe shall be cast iron or other approved material.”

“What exactly are those ‘other approved materials’ they allow? Your guess is as good as mine,” Thompson said, adding that while both Cleveland and Marietta allow for other approved, acceptable or specially-permitted material, he said those materials might not be treated equally during a competitive bidding process.

“It would be much easier for the administrator in charge of a water or wastewater project to select a bid for one of the pre-approved materials, rather than to go through the process of getting special approval, special permission or special acceptance for a new material.”

In urging other House members to back the proposal, Thompson said that opening up municipal procurement procedures for competitive bidding is the “most promising way communities across Ohio can meet their water infrastructure challenges.”

“Allowing the consideration of all materials will introduce competition and help the state and the local communities make procurement decisions that will provide the best water infrastructure for each taxpayer dollar spent,” he said.

HB 417 is co-sponsored by Republican Reps. John Becker, Gerald Stebelton, Kristina Roegner, Wes Retherford, Robert Sprague, John Adams, Terry Boose, Ron Hood and Ron Young.

The bill is before the House Public Utilities committee.

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