Chapter 13.05
SEWER LATERAL INSPECTION, REPAIR AND/OR REPLACEMENT*
Sections:
13.05.040 General requirements for sewer lateral inspection, repair and/or replacement.
13.05.090 Failure to repair and/or replace sewer lateral a public nuisance.
* Prior legislation: Ord. 1376.
13.05.010 Purpose.
The purpose of this chapter is to establish requirements for property owners to inspect, maintain, repair and/or replace sewer laterals, sewer relief valves and sewer backwater valves, as required, on each property in the City that is connected to the City’s sewer system. A sewer lateral that is properly maintained will reduce the risk of sanitary sewer overflows and sewer backups by minimizing inflow and infiltration into the sewer system and minimizing blockages due to pipe failures or root intrusion. A sewer relief valve properly installed on a sewer lateral will prevent sewage that is blocked in or near the sewer main from flowing back into a residence and causing a health hazard and causing property damage. A sewer backwater valve will protect properties that sit in a low elevation with respect to the sewer main from backflows and associated health hazards and property damage. SSOs pollute surface and groundwater, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. Typical consequences of SSOs include the closure of beaches and other recreational areas, inundated properties, and polluted rivers and streams. SSOs can result in penalties and fines to the City from governmental agencies and nongovernmental organizations. Due to the risk of sanitary sewer overflows and sewer backups, the City Council finds that a program to keep sewer laterals in good repair and to install sewer relief valves and sewer backwater valves where required is in the best interests of the health and welfare of the citizens of the City of San Carlos. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.020 Effective date.
The ordinance codified in this chapter shall take effect on April 1, 2011. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.030 Definitions.
A. General Terminology. The following definitions apply to this chapter. Terms not defined in this chapter shall have their ordinary and common meaning, or, if applicable, the meaning set forth in the Uniform Plumbing Code.
B. Specific Definitions. The following words or phrases, whenever used in this chapter, shall have the meanings respectively ascribed thereto as follows:
1. “Applicant” shall mean any individual, firm, limited liability company, limited liability partnership, association, partnership, government agency, industry, public or private corporation, or any other person or entity whatsoever who applies to the City for permits for building improvements. An applicant shall be the property owner or an authorized agent of the property owner.
2. “Building improvement,” for the purposes of this chapter, shall mean the following:
a. New sewer connections.
b. Repair, remodeling or improvement, where the cost of the improvements exceeds seventy-five thousand dollars, which may be adjusted by resolution of the City Council.
c. Repair, remodeling or improvement where more than twenty-five percent of the building is being repaired, remodeled or improved.
d. Repair, remodeling or improvement where additional toilets are being installed.
e. Change of use on the property served from residential to commercial.
f. Change of use on the property from nonrestaurant commercial to restaurant commercial.
g. Change of use on the property from nonmanufacturing to manufacturing.
3. “City” shall mean the City of San Carlos, a municipal corporation of the State of California.
4. “Director” shall mean the Director of Public Works of the City, or designees.
5. “Fats, oils and grease” or “FOG” means any fats, oils, waxes or other similar or related constituents. FOG may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. FOG may also be of mineral origin including kerosene, lubricating oil or road oil. FOG in the City’s sewer system is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion or in a solution.
6. “Good cause” shall mean practical difficulties, including interference with the use or safety of the public right-of-way or adverse weather conditions.
7. “Infiltration” shall mean the seepage of groundwater into a sewer system, including sewer laterals. Seepage frequently occurs through defective or cracked pipes, pipe joints, connections, or manhole walls.
8. “Inflow” shall mean water discharged into a sewer system, including sewer laterals, from such sources as, but not limited to, roof leaders, cellars, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, around manhole covers or through holes in the covers, cross connections from storm systems, catch basins, surface runoff, street wash waters or drainage.
9. “Lower lateral” shall mean the portion of a sewer lateral lying within a public street connecting an upper lateral to the sewer main.
10. “Notice to repair” shall mean notice issued by the Director to a property owner that the sewer lateral is in violation of this chapter, which order directs the abatement of the violation.
11. “Private gravity lateral” is defined as being of such a grade and position that sewage flows from the buildings to the sewer main by gravity without the aid of any pumping devices.
12. “Private pressure lateral” is defined as being of such a grade and position that sewage can only flow from the buildings to the sewer main with the aid of a pump located on private property.
13. “Property owner” shall mean the owner of the property as shown on the last equalized assessment roll or in the records of the San Mateo County Assessor-Recorder.
14. “Sanitary sewer overflow” or “SSO” means any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oil, and grease.
15. “Sewer backup” means a blockage of sewer flow in a sewer lateral which results in damage to private property.
16. “Sewer backwater valve” shall mean a device installed in the horizontal position in the sewer lateral below ground, which includes a one-way flap valve which allows the sewage to flow out to the sewer main in normal use, but prevents sewage from backing up into the property if the sewer main should become blocked.
17. “Sewer lateral” shall mean the sewer line beginning at the foundation wall of any building and terminating at the sewer main and shall include the upper lateral and lower lateral together.
18. “Sewer main” shall mean a public sewer designed to accommodate more than one sewer lateral.
19. “Sewer relief valve” shall mean a device that allows water and materials that back up to escape from the cleanout rather than flowing into the property.
20. “Stormwater” shall mean the water running off or draining from the surface and subsurface of an area during and after a period of rain or irrigation.
21. “Public street” shall mean any public highway, street, alley, public easement or right-of-way.
22. “Upper lateral” shall mean that portion of a sewer lateral beginning at the foundation wall of any building or industrial facility and running to the property line. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.040 General requirements for sewer lateral inspection, repair and/or replacement.
A. Administration. The Director is authorized to prepare and publish administrative procedures which shall, among other things, establish the following:
1. Standards for sewer lateral inspection, repair and/or replacement.
2. Standards for sewer relief valves and sewer backwater valve devices.
3. Standards for root removal from sewer laterals.
4. A standard notice to repair and enforcement procedures for sewer lateral repair and/or replacement.
5. An enforcement response plan related to sewer ordinances.
B. Applicability.
1. This chapter shall apply to property located within the City or connected to the City’s sewer collection system through an outside sewer service agreement.
2. All sewer laterals connected to the public sewer, including sewer laterals serving residential, multifamily residential, commercial or industrial uses, shall be inspected in accordance with the appropriate provisions of Sections 13.05.050 through 13.05.090 upon the occurrence of any of the following, unless a valid certificate of sewer lateral compliance is on file with the City:
a. Application for a new connection to the sewer collection system; or
b. Application for a building permit for a building improvement; or
c. In conjunction with a repair or replacement of the sewer main to which the sewer lateral is connected; or
d. In conjunction with smoke testing of the sewer main; or
e. Subsequent to a sanitary sewer overflow resulting from blockage in a lower lateral.
C. Private Sewer Lateral Maintenance Responsibility. The property owner is responsible for the maintenance, repair, and replacement of their private sewer lateral. The maintenance responsibility for a private pressure lateral to the City sewer main shall always remain with the property owner. The Director of Public Works or his/her designee(s) shall have the sole discretion to determine whether the private gravity lower lateral is acceptable.
D. Approved Inspection Methods. Inspection of sewer laterals shall be conducted according to standards adopted by the Director. Inspection shall be conducted by closed circuit television or three-dimensional photography. Inspection shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the inspection. The inspection record shall contain a photo or a video of the exterior of the property being inspected. Inspection shall not commence without a valid permit issued by the City, which provides the opportunity for the inspection to be witnessed by the Director. Upon completion of visual inspection, the person conducting the inspection shall provide a copy of the inspection results to the Director. A video inspection shall be valid for a period of six months from the date of video.
E. Sewer Relief Valve Requirements. A sewer relief valve shall be installed by the property owner on the sewer cleanout.
F. Sewer Backwater Valve. A sewer backwater valve shall be installed by the property owner on the upper lateral where the elevation of any floor of the building is below the invert of the sewer main, where a condition exists where a blockage in the sewer main would cause the sewer to back up to an elevation above the lowest floor level of the building, or where a pump is used to lift sewage to the sewer lateral or sewer main.
G. Requirements for Sewer Lateral Repair and/or Replacement. The Director shall issue a notice to repair when the sewer lateral has conditions which would result in an unacceptable amount of inflow or infiltration to enter the sewer system or which would result in an unacceptable risk of blockages. The Director shall have the sole discretion to determine when repair and/or replacement is required due to unacceptable conditions of a sewer lateral. A sewer lateral shall be considered in compliance with the provisions of this chapter if inspection verifies all of the following conditions to the satisfaction of the Director:
1. The sewer lateral is free of roots, deposits of FOG, and/or other solids which may impede or obstruct the flow of sewage.
2. There are no illicit or illegal connections to the sewer lateral which would cause inflow, such as roof leaders or yard drains.
3. All joints in the sewer lateral are tight and sound to prevent the exfiltration of sewage and/or the infiltration of groundwater.
4. The sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.
5. The sewer lateral is equipped with cleanouts as shown on the City’s standard detail.
6. The sewer lateral is constructed of materials with a remaining design life of at least twenty-five years. “Orangeburg pipe,” a bituminized fiber pipe made from layers of wood pulp and pitch pressed together, shall be considered to be at the end of its design life.
7. A sewer relief valve is installed.
8. A sewer backwater valve, if required, is installed.
H. Time Limit for Sewer Lateral Repair and/or Replacement. Repair and/or replacement of sewer laterals shall be completed within ninety calendar days after the issuance of a notice to repair.
I. Time Limit for Root Removal. Removal of tree roots from sewer laterals shall be completed within one hundred twenty days after the issuance of a notice to repair.
J. Permits Required for Repair. All repair or replacement work shall be completed by a person properly licensed to perform the work, including a licensed plumber and/or contractor, and shall be completed under all appropriate permits from the City including, as appropriate, building and encroachment permits.
K. Repair Performed by City and Recovery of Costs.
1. If the sewer lateral repair/replacement and/or sewer lateral root removal are not completed by the property owner within the required time limits, including any extensions granted, the City shall complete the required repair/replacement and/or root removal. The cost in any sum of money expended by the City in making such a repair/replacement shall become a lien upon the property served by the sewer lateral and may be recovered in an action brought thereof in the name of the City; or, in the alternative, such cost and expenditure may be placed upon the County Tax Bill to be collected by San Mateo County for the benefit of the City.
2. Prior to the City causing the lien to be placed on the County Tax Bill, the City Clerk shall notify the property owner of the intent to place the cost of the repair/replacement on the County Tax Bill and shall give the property owner the opportunity to appear before the City Council to show cause for why such sums should not be placed on the County Tax Bill to be collected for the benefit of the City.
3. Any and all sums determined to be due and owing to the City by resolution of the City Council shall accrue interest at the rate set by resolution, but not to exceed ten percent per year.
L. Final Inspection. Upon completion of the repair and/or replacement of the sewer lateral, reinspections shall be conducted until the sewer lateral passes inspection. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.050 Requirements for sewer lateral inspection, repair and/or replacement as a condition of permits for building improvements.
A. Responsibility for Sewer Lateral Inspection, Repair and/or Replacement. The applicant for permits for building improvements shall be responsible for performing sewer lateral inspection, repair and/or replacement. A building permit shall be obtained if one has not already been obtained.
B. Occupancy Contingent on Completion of Sewer Lateral Repair and/or Replacement. Occupancy permits for building improvements shall only be issued if the sewer lateral passes inspection. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.060 Requirements for upper lateral inspection, repair and/or replacement in conjunction with repair and/or replacement of the sewer main.
A. Responsibility for Inspection of Upper Lateral and Lower Lateral. Upon repair and/or replacement of the sewer main, the City may inspect the upper lateral and/or the lower lateral. In addition to visual inspection, the inspection performed by the City may include smoke testing, dye testing or other methods to assess the condition of the sewer lateral.
B. Responsibility for Repair and/or Replacement of Sewer Lateral. The property owner shall be responsible for repair and/or replacement of the upper lateral in the case where the City is repairing and/or replacing the sewer main and/or the lower lateral. The property owner shall also be responsible for correcting all sources of inflow to the sewer lateral.
C. Notice to Repair and Time Limits. A notice to repair will be issued by the Director when conditions are observed in conjunction with repair and/or replacement of the sewer main which require repair and/or replacement of the sewer lateral. Time limits for repair and/or replacement of the sewer lateral shall be as stated in Section 13.05.040.
D. Repair Performed by City and Recovery of Costs. If the sewer lateral repair/replacement and/or root removal are not completed within the required time limits, including any extensions granted, the City shall complete the required repair/replacement and/or root removal, and the costs thereof shall be recovered in accordance with Section 13.05.040. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.070 Requirements for sewer lateral inspection, repair and/or replacement upon smoke testing of the sewer main.
A. Responsibility for Inspection. The City may perform smoke testing of sewer mains to detect sources of inflow. Upon notification by the Director that smoke testing indicates the presence of inflow from private property, it shall be the responsibility of the property owner to perform an inspection of the sewer lateral according to the approved inspection methods described in Section 13.05.040.
B. Responsibility for Repair and/or Replacement of Sewer Lateral. The property owner shall be responsible for repair and/or replacement of the sewer lateral in the case where a notice to repair has been issued as a result of smoke testing.
C. Notice to Repair and Time Limits. A notice to repair will be issued by the Director when conditions are observed in conjunction with smoke testing which require repair and/or replacement of the sewer lateral. Time limits for repair and/or replacement of the sewer lateral shall be as stated in Section 13.05.040.
D. Repair Performed by City and Recovery of Costs. If the sewer lateral repair/replacement and/or root removal are not completed within the required time limits, including any extensions granted, the City shall complete the required repair/replacement and/or root removal, and the costs thereof shall be recovered in accordance with Section 13.05.040. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.080 Requirements for sewer lateral inspection, repair and/or replacement upon sanitary sewer overflows and/or sewer backups.
A. Responsibility for Inspection. The City may perform inspection of sewer laterals upon sanitary sewer overflows and/or sewer backups.
B. Responsibility for Repair and/or Replacement of Sewer Lateral. The property owner shall be responsible for repair and/or replacement of the upper lateral in the case where a notice to repair has been issued following a sanitary sewer overflow and/or a sewer backup. The property owner shall also be responsible for correcting all sources of inflow to the sewer lateral.
C. Notice to Repair and Time Limits. A notice to repair will be issued by the Director when conditions are observed in conjunction with sewer overflow and/or a sewer backup which require repair and/or replacement of the sewer lateral. Time limits for repair and/or replacement of the sewer lateral shall be as stated in Section 13.05.040.
D. Repair Performed by City and Recovery of Costs. If the sewer lateral repair/replacement and/or root removal are not completed within the required time limits, including any extensions granted, the City shall complete the required repair/replacement and/or root removal, and the costs thereof shall be recovered in accordance with Section 13.05.040. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)
13.05.090 Failure to repair and/or replace sewer lateral a public nuisance.
The failure of a property owner to repair and/or replace a sewer lateral within the time limits stated in Section 13.05.040:
A. Shall be deemed a public nuisance.
B. Shall relieve the City, its officers, employees and agents from any liability, damages, or claims resulting from a sewer backup, regardless of whether the sewer backup occurs from a blockage of a sewer main or a sewer lateral. (Ord. 1491 § 5 (part), 2015: Ord. 1424 § 1 (part), 2010)