DEP 3-Day Notice

Most commonly, the DEP will start investigating a leak after water has begun surfacing in the roadway or sidewalk. When water starts to surface, it may lead to a DEP 3-day notice for immediate repair if the leak is traced back to your water line. It is common for one to assume that if the water is leaking in front of your property, then it must be your water line that is leaking. However, this is a major misconception. Water can travel more than 50 feet until it reaches the weakest point in the ground. It is only at this point that the water will begin surfacing.

Another common reason for the DEP to investigate is if a utility contractor is working in the roadway and water begins entering their excavation. In cases like this, a water notice or DEP 3-day notice may be issued, requiring property owners to take quick action. For example, ConEd may be excavating for an installation when water starts to flood their hole. It is possible that the water main was leaking for many years and was first made aware of once the grounds were excavated.

Many property owners will begin complaining about a sudden loss of water pressure, and the first call is to 311. The DEP will start their investigation, and if it is determined that the loss of water is a result of their leaking pipe, they will issue a DEP 3-day notice for repair. If the leak is severe and is putting anyone in harm’s way, the DEP may issue a DEP 10-day notice. A DEP 10-day notice is often issued when the water loss is severe, and it means water will be shut off until the issue is addressed.

The DEP yard will begin by performing noise tests on all of the neighboring properties. They will use a device known as a sonoscope, which is used to detect sound by listening to the pipe. A DEP 3-day notice can be issued after the sonoscope detects a leaking pipe, especially if a hissing noise is heard that indicates a serious water loss. These devices are used to detect the sound of water escaping the water line, and in many cases, it takes a trained ear. The inspector is listening for a hissing noise on the pipe when it should be completely silent. If your pipe has a vibration or hissing noise, this will usually result in a 3-day notice.

If there are any questions and the DEP yard really isn’t sure, they may begin excavating the roadway themselves. In rare cases, the DEP may take further action, including excavation, to determine the cause of a water loss, which could result in a water notice being issued. This is not a common proactive measure, but they have been known to perform this type of investigation in rare cases.

The licensed plumber must obtain a DEP water main repair or relay permit to work on the broken pipe. To resolve a DEP 3-day notice, the plumber must first secure the appropriate DEP permits before starting any excavation or repair work. The plumber must also obtain a DOT emergency work permit before he can start excavating in the roadway or sidewalk.

Once the water main leak is repaired, the plumber will submit self-certification records to the DEP. This will serve as formal documentation that the 3-day notice has been resolved. After the repair, the plumber will submit the necessary documents, ensuring the DEP 3-day notice is officially cleared and your property is safe. If your pipe is feeding a sprinkler main or is 3” or larger, your plumber will be required to have a DEP inspector on site for a visual inspection. The inspector will take notes while completing his report, which will stay on file. In addition, the plumber will receive a formal sign-off from the DEP as proof of repair.

This depends on the type of leak that you are experiencing. If you have a small hairline fracture on your old lead water main, it is easy to keep it under control and avoid any water damage inside your house. A small leak may result in a water notice or a 3-day notice if it goes undetected for too long, leading to water damage and emergency repairs.

In some cases, the water line will erupt, making for an emergency, and the basement will flood. We first always advise that you try to locate the sewer trap and remove the sewer caps. If your water main has caused a flooding situation, a DEP 3-day notice may be issued, requiring immediate attention from a licensed plumber to fix the leak. If your sewer trap is in the floor, it is strongly suggested to divert the leaking water into your sewer as a temporary measure. If you have a hanging sewer trap, this is not a possibility, and you must entertain the idea of a water pump to control the water. If this is not an option, you must hire a licensed sub-surface water main and sewer contractor to open the roadway on an emergency basis and close the city tap connection.

If you fail to repair your leaking water main, the DEP will issue you a 10-day notice, which means that they will shut the water off from the city tap connection in the roadway. Failing to respond to a DEP 3-day notice or 10-day notice can result in severe consequences, including losing water service to your property. If you have received a 10-day notice, you are still required to hire a licensed plumber to replace the leaking water main. Note—if your water main is made of galvanized or lead pipe, you are not allowed to repair the pipe. A full water main replacement is required.

If you have a 1” water main, the job is usually completed in one day under normal circumstances. For example, if the plumber is required to install 40’ of new 1” copper and is digging at a depth of 3.5’, it is almost certain that the installation will take one day. The repair process for a 1” pipe is generally faster, but the clock starts ticking once a DEP 3-day notice is issued, requiring quick action.

If you require a 3” water main replacement, it will most likely take more than one day for the excavation, installation, DEP inspection, and roadway restoration. A DEP 3-day notice or 10-day notice often requires a more complex and time-consuming repair, especially when dealing with larger pipes.

If you have experienced a DEP 3-day or 10-day notice, it is important to act fast and speak with an experienced LMP. Ignoring a 3-day notice or a 10-day notice can lead to additional fines and prolonged water service interruptions. Catching the repair promptly will avoid fines and, more importantly, can prevent any major damage to your property.

Disclaimer: This is general information and may not reflect NYC requirements. For NYC-specific guidance, contact Harris Water Main & Sewer Contractors.