Division II. Sewers

Chapter 13.28
WASTEWATER CONNECTION AND CONSTRUCTION

Sections:

13.28.010    Purpose.

13.28.020    Definitions.

13.28.030    Rules and regulations.

13.28.040    Connection outside the City limits.

13.28.050    Connection fee – General.

13.28.060    Connection fees – Use categories.

13.28.070    Connection fees – Time of payment.

13.28.080    Use of fees.

13.28.090    Service lateral – Installation, service and repair.

13.28.100    Wastewater facility construction or extension.

13.28.110    Oversizing a sewer main.

13.28.010 Purpose.

The purposes of this chapter are to establish the cost method for any person who wishes to connect to the sewage disposal system; provide regulations for service laterals; provide regulations for construction or extension of a sewage facility; and provide for developer oversizing of sewer mains and reimbursement. (Ord. 1740 § 1, 2004)

13.28.020 Definitions.

In this chapter:

“Applicant” means a person who applies for sewage service.

“Assembly facilities” means buildings where the public assembles for social, business, educational or entertainment purposes, including but not limited to schools, portions of churches or other facilities used as schools, day care facilities, theaters, auditoriums and recreational facilities.

“Auto repair shops/auto dealers” means any facility that sells, refurbishes, services or repairs automobiles or other motor vehicles.

“Bedroom” means a room in a residential dwelling unit that has the potential to function as a bedroom in that there is a door or doorway which separates the room from communal areas (hallway, living room, kitchen), and it has a minimum floor area of 70 square feet and a minimum dimension of seven feet in any one direction.

“Commercial customer” means wastewater customers that fall into the commercial categories listed in the City’s latest wastewater connection fee schedule.

“Domestic strength” means wastewater with biological/chemical parameters within the range of generally accepted concentrations for untreated domestic wastewater, as identified in the City’s latest wastewater fee study.

“Eating/drinking facilities without cooking” means eating and drinking businesses without cooking facilities including but not limited to bars, cocktail lounges, taverns, delicatessens, sandwich shops, cafeterias without cooking facilities, and juice bars.

“Extension” means a sewer main extension.

“Facility” means any structure or work necessary or adequate for the proper disposition of sewage wastes.

“Gas stations” means a service station or market on a parcel that dispenses and sells gasoline to the general public.

“General use” means office and retail facilities whose discharge is limited to domestic strength, including but not limited to office buildings, retail buildings, plant nurseries, auto dealers or auto parts (both without repair facilities), gyms or health clubs without showers, churches without schools, and public agencies.

“Gyms/health clubs” means any fitness facility with showers.

“Hotels/motels” means any hotel, inn or motel. Restaurants in such facilities are charged separate connection fees.

“Industrial and other users” means any facility that does not fall into any of the residential or commercial categories listed in the wastewater connection fee schedule and defined here.

“Markets” mean any market or supermarket with a produce market, bakery, or a butcher shop.

“Medical/dental office/clinic” means any office or clinic used for medical, dental, optometry, veterinary or related purposes.

“Mixed use” means a commercial use located on real property designated as mixed use in the general plan or designated downtown core within the Downtown Specific Plan. Examples of mixed uses include commercial use categories listed in the wastewater connection fee schedule. The mixed use commercial category designation is mandatory for all commercial uses within the downtown core, and replaces individual commercial categories listed in the wastewater connection fee schedule. Residential uses within the mixed use developments shall be charged based upon their appropriate connection fees under the residential category of the wastewater connection fee schedule.

“Multifamily residential structure” means a dwelling unit where more than one unit exists on a parcel, whether attached or detached. This includes duplexes through four-plexes, condominiums, mobile homes and apartments with five or more units. An attached dwelling unit where more than one vertical wall is shared with another dwelling unit (i.e., townhouse) is considered a multiple-family residence, even if each unit is located on an individual parcel.

“Nonprofit organizations” includes hospitals, public or private schools, charitable organizations, and governmental organizations. (See LMC 13.28.060.)

“Restaurants” means fast food take out restaurants and full service restaurants and cafeterias with cooking facilities.

“Sanitary sewer service lateral” shall mean the building sewer that conveys wastewater from a facility to the main sewer, dedicated to public use, within the public right-of-way.

“Single-family residential structure” means a detached unit where no more than one unit exists on a parcel. A couplet and zero lot line dwelling unit where no more than one vertical wall is shared and each couplet/zero lot line dwelling is located on its own parcel is considered a single-family residence.

“Subdivider” means and refers to a person who causes land to be divided into a subdivision for himself or for others.

“Warehouse/distribution” means any facility or portion of a facility used for the storage and distribution of goods that does not manufacture goods or have any industrial uses. Connection fees for office space within a warehouse facility are paid separately at the general use rate.

“Wastewater connection fee schedule” or “fee schedule” means the schedule that summarizes flow factors and associated wastewater connection fees for residential, commercial, and industrial/other users customers. (See LMC 13.28.050.)

“Wastewater system” or “sewage disposal system” means the entire system, including the treatment plant, disposal system and collection system sewer lines. (Ord. 2065 § 1(A), 2018; Ord. 1740 § 1, 2004; 1960 code § 18.1. Formerly 13.28.010)

13.28.030 Rules and regulations.

A. City Council. The City Council shall establish policies governing construction, installation, alteration, repair and use of public and house connection sewers, and shall establish the fee schedule.

B. Community Development Department. The community development department shall implement this chapter in accordance with the policies adopted by the City Council. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(A), 2016; Ord. 2016 § 1(A), 2015; Ord. 1740 § 1, 2004; 1960 code § 18.5. Formerly 13.28.020)

13.28.040 Connection outside the City limits.

A. Permit Required. It is unlawful for a person outside the City limits to connect, either directly or indirectly, to the sewage disposal system of the City without first having obtained written permission from the City Council. The person wishing to connect must also obtain an encroachment permit before connecting, subject to the applicable fees and requirements of Chapter 12.08 LMC.

B. Connection Outside City Limits. The City Council shall not grant permission to connect to the sewage disposal system for premises outside the City limits unless the person wishing to connect: (1) enters into a contract as specified in subsection C of this section; and (2) pays the appropriate connection fee, as provided in LMC 13.28.050, 13.28.060, and the fee schedule.

C. Written Contract. The contract between the City and the applicant for a sewer connection outside the City shall: (1) be recorded and run with the land benefited; (2) bind the heirs, successors, executors, administrators and assigns of the property owner; and (3) reserve to the City the right to cancel after giving reasonable notice. (Ord. 2065 § 1(A), 2018; Ord. 1740 § 1, 2004; Ord. 1170 § 1, 1984; 1960 code §§ 18.19, 18.20. Formerly 13.28.030 and 13.28.040)

13.28.050 Connection fee – General.

A. Purpose. The purpose of the connection fee is to assure that the cost of constructing and expanding the city wastewater system is borne by those who receive the benefit of new connections.

B. Amount of Fee. The City Council shall adopt the connection fees, by resolution, in the wastewater connection fee schedule. The fee schedule shall contain a list of the types of commercial customers.

C. Adjustments. The City Council may, by resolution, adjust the fee schedule, including the flow factors, from time to time. Once the fee is established, it shall automatically be increased annually based upon the Engineering News Record (ENR) 20-City Construction Cost Index. In calculating the adjustment, the rate (in each use category, including the flow, BOD and SS costs) for the base year is multiplied by the index for the then-current year, divided by the base year index.

D. Encroachment Permit. The person wishing to connect must also obtain an encroachment permit before connecting, subject to the applicable fees and requirements of Chapter 12.08 LMC. (Ord. 2065 § 1(A), 2018; Ord. 1765 § 2, 2005; Ord. 1740 § 1, 2004; Ord. 1548 § 1, 1999; Ord. 1397 § 1, 1992; Ord. 1387 § 1, 1992, Ord. 1340 § 1, 1990; 1960 code § 18.2)

13.28.060 Connection fees – Use categories.

A. Payment Based on Use. When adopting the wastewater connection fee schedule, the City Council shall identify users by these use categories. Each user shall pay the wastewater connection fee as follows:

Use categories	Basis of connection fee
Single-family residential structure	Per dwelling unit.
Multifamily residential structure	The minimum residential and commercial domestic strength wastewater customer connection fee rate per gallon per day of flow times the estimated average daily wastewater flow in gallons per day, based on the number of bedrooms in each unit.
Commercial customers	The minimum residential and commercial domestic strength wastewater customer connection fee rate per gallon per day of flow times the estimated average daily wastewater flow in gallons per day.
Nonprofit organizations (any building owned and operated by a nonprofit organization exclusively for hospital, educational, charitable or governmental purposes)	The minimum residential and commercial domestic strength wastewater customer connection fee rate per gallon per day of flow times the estimated average daily wastewater flow in gallons per day.
Industrial and other users	The industrial/other user wastewater customer connection fee rate per gallon per day of flow times the discharge flow (Flow), in gallons, of the average day in the peak month for discharge flow of the fiscal year; plus the rate per pound per day of biochemical oxygen demand times the number of pounds per day of biochemical oxygen demand (BOD) of the discharge of the average day in the peak month for biochemical oxygen demand of the fiscal year; plus the rate per pound per day of suspended solids times the number of pounds per day of suspended solids (SS) in the discharge of the average day in the peak month for suspended solids of the fiscal year.

B. Commercial, Industrial and Other Users.

1. Factors. The factor designated as “average daily wastewater flow” and “flow” shall be based on the unit flow factors in the wastewater connection fee schedule or user estimates as approved by the water resources manager. The factors designated as “BOD” and “SS” shall be based on State Water Resources Control Board Revenue Program Guidelines for Wastewater Agencies (April, 1983) or user estimates as approved by the water resources manager.

2. Adjustments. The values of the factors designated as “average daily wastewater flow,” “flow,” “BOD” or “SS” may be adjusted by the water resources manager for individual users if such factors prove incorrect. The city engineer may, from time to time, increase the fee when such changes have been verified by water consumption, flow measurements, or the results of tests. Upon the verification of increased values, the user shall pay an additional connection fee equaling the difference between the connection fee previously paid and that determined to be due on the basis of such increased flows or tests. The City shall collect the additional fee from the user as a condition of continued service by the City.

3. Inspection – Notification. The City may require installation of inspection facilities, as provided for in LMC 13.32.300, for the determination of “flow,” “BOD,” or “SS.” It is the duty of the user to promptly notify the public services division in writing of any facts, including plant expansion, change in industrial processes, or other matters which increase the factors, and to provide whatever evidence of the change the user may have in its possession upon demand by the City.

C. Existing Buildings.

1. Applicability. This subsection C applies to building additions, tenant improvements, remodels, or changes in use. It does not apply to adaptive reuse of historic structures designated under Chapter 4.07 LDC, which are exempt.

2. Rates – Credit for Prior Use. The user shall pay the applicable rate shown in subsection A of this section, less a credit for the previous use. (The credit may not exceed the charge for the new use.) If the use changes for a portion of a building, the additional connection fee is the connection fee cost per square foot of new use less either: (a) the current connection fee cost per square foot of the previous use for the portion of the building changing in use; or (b) the amount paid for the previous use; whichever is greater. The credit may not exceed the charges for the new use. If the new use for a portion of the building changes from commercial to industrial/other use, the additional connection fee is the industrial connection fee less either: (a) the current connection fee cost for the previous use for the portion of the building changing use; or (b) the amount paid for the previous use, whichever is greater. The credit may not exceed the charges for the new use.

3. Existing Building Removed. When an existing building connected to the city wastewater system has been moved, demolished or otherwise eliminated, the wastewater connection fee for any new building subsequently erected on the same property shall be reduced by allowing credit for either: (a) the current value of the previous building’s wastewater connection fees; or (b) the amount paid for the previous use; whichever is greater. (The credit may not exceed the charges for the new use.) (Ord. 2065 § 1(A), 2018; Ord. 1765 § 1, 2005; Ord. 1740 § 1, 2004; Ord. 1437 § 4, 1995; 1960 code § 18.2, 18.2.1. Formerly 13.28.060 through 13.28.120)

13.28.070 Connection fees – Time of payment.

A. Before Building Permit. The developer shall pay the wastewater connection fee before a building permit is issued, except as provided under subsection B or C of this section.

Alternatively, the developer of an industrial property may pay the fee, at 20 percent each year, over five years. Under this alternative, the developer shall post a letter of credit, in a form approved by the City Attorney, for: (1) the full amount of the fee; plus (2) a two percent administrative charge; plus (3) interest for the projected unpaid balance over the five years. The interest rate shall not exceed the interest rate established in the California Government Code. The developer shall replace the letter of credit each year to add the annual fee increase represented by the Engineering News Record (ENR) 20-City Construction Cost Index.

B. Alternative Time of Payment. A developer may elect to pay the fee required before the first certificate of occupancy is issued, or within two years, whichever is sooner, subject to all of the requirements in this subsection.

1. General Requirement. If a developer chooses this option, before a building permit is issued, he or she shall: (a) enter into a written agreement with the City; and (b) record the agreement with the Alameda County recorder.

2. Contents of Agreement. The agreement shall be signed by the property owner and shall include the following provisions, in a form prepared by the City Attorney:

a. A legal description of the property;

b. A provision that the agreement runs with the land and is enforceable against successors in interest;

c. That the agreement shall be recorded in the grantor-grantee index in the name of the City as grantee and in the name of the property owner as grantor;

d. A provision that the owner shall pay the fee before a certificate of occupancy is issued, or within two years, whichever is sooner;

e. The amount of the fee due at the time of the agreement;

f. A provision that the amount of the fee due will be the amount of the fee due on the date of the agreement plus a periodic increase based on the Engineering News Record (ENR) 20-City Construction Cost Index. The amount of any fee paid more than two years after the date of the building permit is the amount of the fee in effect when the fee is paid; and

g. A requirement that, with the opening of any escrow for the sale of the property, the property owner provide appropriate notification and escrow instructions that the fee be paid to the City from the sale proceeds in escrow before disbursing proceeds to the seller.

3. Release of Obligation. When the obligation is paid in full, the City shall record a release of obligation.

4. Authorization. The Community Development Department Director is authorized to sign the agreement and the release of obligation under subsections (B)(2) and (3) of this section.

C. Alternative Method of Payment – Restaurants. A property used for a restaurant may delay the payment of wastewater connection fees required by this chapter if the restaurant: (1) is not a fast food restaurant; (2) is not a drive-through; (3) serves primarily sit-down clientele; and (4) uses washable plates and silverware. Using this option, the developer shall enter into a written agreement approved by the City Council before a building permit is issued. The agreement shall conform to the requirements of subsections (B)(1) and (2) of this section, except that:

1. Payment Periods. Subsection (B)(2)(d) of this section shall be modified to reflect one of the following payment periods:

a. Thirty-Six Months. A qualifying restaurant may elect to pay applicable wastewater connection fees within a period of up to 36 months; or

b. Two Hundred Forty Months. A qualifying restaurant in the Livermore successor agency project area may elect to pay the applicable wastewater connection fees over a period of 240 months.

2. Contents of Agreement. The following provision shall be added to the contents of the agreement specified in subsection (B)(2) of this section:

h. The requirement that the owner post security with the city to cover the total amount due, including interest. The form of security shall be a bond, letter of credit, or cash deposit. Alternatively, the property owner may expressly authorize the city to place a lien on the property to cover any unpaid amount, after written notice to the property owner, if payments are delinquent 60 days or more.

D. Collection. At any time after a wastewater connection fee and any interest become 60 days past due, the unpaid balance may be established as a lien against the respective lots or parcels of land to which such facilities are connected at the time and in the manner specified in Health and Safety Code Section 5473.11.

E. Deferred Fee Program. The City Council may, by resolution, adopt administrative guidelines to provide a special fee deferral program in response to unprecedented conditions such as extraordinary economic changes. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(A), 2016; Ord. 2016 § 1(B), 2015; Ord. 1971 § 1(E), 2012; Ord. 1879 § 1, 2009; Ord. 1765 § 3, 2005; Ord. 1740 § 1, 2004; Ord. 1687 § 1, 2003; Ord. 1680 § 2, 2002; Ord. 1469 § 1, 1996; 1960 code § 18.4. Formerly 13.28.130)

13.28.080 Use of fees.

The revenue derived from the connection fees shall be deposited in the wastewater expansion fund (also known as sanitary sewer and expansion fund). This fund shall be used for the purpose of expanding the wastewater collection system, wastewater treatment facilities, wastewater disposal facilities, or servicing of any bond indebtedness of the City incurred for construction of the wastewater system. (Ord. 2065 § 1(A), 2018; Ord. 1740 § 1, 2004; Ord. 1170 § 2, 1984; 1960 code § 18.3. Formerly 13.28.140)

13.28.090 Service lateral – Installation, service and repair.

A. Installation. When any property is connected to the city wastewater system, the property owner shall install the service lateral (as defined in LMC 13.32.020). Installation shall include a two-way clean-out as called for in the City’s Standard Details and the City’s Standard Specifications.

B. Maintenance and Repair. For those single-family residential service laterals that have an appropriately permitted and installed two-way clean-out, the City will clean, maintain and repair as necessary the portion of the service lateral from the clean-out to the sanitary sewer main line. The property owner remains responsible for all maintenance, repair and replacement of the sanitary sewer from the clean-out to the household or other structures on the property. (Ord. 2065 § 1(A), 2018; Ord. 1832 § 1, 2007; Ord. 1740 § 1, 2004; Ord. 1590 §§ 1, 2, 2000; 1960 code § 18.21. Formerly 13.28.160 and 13.28.165)

13.28.100 Wastewater facility construction or extension.

A. Construction – Contract with City. When an application is made for sewage service and it is necessary to make a sewer main extension or to construct any wastewater facility to provide such service, the applicant shall bear the cost of the extension or the facility. The applicant shall execute a contract with the City specifying terms and conditions under which the extension or construction will be made.

B. Map and Deposit. The applicant requiring an extension or facility shall submit a complete application, including an accurate description of the property to be served. Upon receipt of the completed application, the city engineer shall prepare a map showing the area to be benefited by the extension or facility, and shall estimate the cost of the installation of the proposed extension or facility. The applicant shall then deposit with the City a sum of money equal to this estimated cost.

C. Performance of Work. After the city engineer receives the signed contract and the deposit, he or she shall have the proposed extension or facility constructed. Alternatively, upon approval of the Community Development Director and subject to city specifications and inspection, the proposed extension or facility may be installed by private contract at the applicant’s sole expense, with no refund.

D. Location. Extensions shall be located within the lines of dedicated streets or on rights-of-way granted to the City for sewer main location, unless the city engineer designates some other location because such locations are unavailable or in the interests of operation, efficiency or maintenance of the collection system. Under no circumstances may any structure be placed over or around any sewer main or extension unless provision is made for ready and easy access to all parts of points of the main or extension.

E. Design. The design of an extension of facility shall be based upon considerations of adequate capacity to meet the present and future requirements of the area to be benefited, of collection system operation sane efficiency, of maintenance requirements, and of anticipated life of the extension or facility.

F. Approval. The design, location, materials and standards of construction of all extensions and facilities shall be first approved by the city engineer. Materials and standards shall be those which have been adopted and are used by the City for the area and class of service to be provided.

G. Actual Cost – Refunds. Upon completion of a sewer extension or facility which has been provided for by a deposit with the City, the city engineer shall determine the actual cost of the extension or facility. The city engineer shall divide the actual cost by the number of square feet in the area benefited by the extension or facility, and the resulting unit cost per square foot shall be the basis for making refunds to the applicant who made the deposit, and for determining the sewer main or facility construction charges to be made for future service connections to the extension or facility. If the applicant’s deposit for estimated costs exceeds the actual cost of the installation, the City shall refund the excess. If the deposit amount is less than the actual cost of installation, the applicant shall pay the balance to the City.

H. Payment Required Before Connection.

1. Applicability. The developer of a property lying within the area benefited by the extension or facility, under subsection G of this section, shall pay a sewage construction charge before sewage service will be supplied to the property. This charge is separate from and in addition to the service connection charge required under LMC 13.28.050 and 13.28.060. The service connection charges are not refundable.

2. Calculation. Sewage construction charges are determined by multiplying the number of square feet of ground area to be benefited by the unit cost per square foot, under subsection G of this section.

3. Discontinuing Service for Nonpayment. The City may discontinue immediately any sewage service supplied to a property within or without the area benefited if the sewer main construction or facility charge for service to that property has not been paid.

I. Refunds. When extensions or facilities are installed at no expense to the City (either from its general fund or bond funds), the City shall refund to the person who paid, or to his or her successors or assigns, for a period of 10 years following the installation, the sewer main or facility construction charges received by the City for subsequent service connections. After the expiration of the 10-year period or when the applicant has received 50 percent of the original cost, whichever occurs first, any amount left from the original deposit, or any sewer main or facility construction charges subsequently received, become the sole property of the City. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(B), 2016; Ord. 2016 § 1(B), 2015; Ord. 1740 § 1, 2004; 1960 code §§ 18.10 – 18.18. Formerly 13.28.170 through 13.28.250)

13.28.110 Oversizing a sewer main.

A. Contract for Oversizing. The City Council may contract with a subdivider or property owner to provide oversized sewer mains, and for reimbursement for the additional costs incurred, when: (1) the subdivider or owner requires the construction of sewer mains from his or her property to the nearest sewer main outside of his or her property; and (2) in the opinion of the City Council, it is necessary that a sewer main be constructed of a larger capacity or design than that needed to serve the subdivision or property; and (3) the extended or expanded sewer main will be, or can be, used in the disposal of sewage from adjacent properties.

B. Cost Determination. The city engineer shall determine the amount of money necessary to cover the cost of the construction of the oversized facility, over and above the minimum cost of mains and other facilities that the subdivider or property owner would expend if the construction of mains were of the size, design and capacity to serve only the subdivision or individual property.

The city engineer shall prorate this amount against all parcels of land outside the subdivision or owner’s land that may later be served by connections to the sewer main.

A property owner to be served by the extended sewer line or other facilities shall pay to the City the prorated construction charge, in addition to the connection fee under LMC 13.28.050 and 13.28.060.

C. Reimbursement. The City shall reimburse money paid by benefited properties under subsection B of this section to the subdivider or property owner who constructed the oversized facilities. The City shall make the reimbursement as soon as it receives payments. If the entire amount of money due to the subdivider or property owner under the contract has not been reimbursed in full within 15 years from the date of the contract, the contract terminates and no further money is due. (Ord. 2065 § 1(A), 2018; Ord. 1740 § 1, 2004; 1960 code §§ 18.6 – 18.9. Formerly 13.28.260 through 13.28.290)