Chapter 3.20
PRIVATE SEWER LATERALS
Sections:
3.20.010 Testing of building sewers or sewer laterals.
3.20.020 Testing criteria for existing building sewers and sewer laterals.
3.20.030 Testing failure mitigation.
3.20.040 Building sewer and sewer lateral compliance and issuance of certificate of compliance.
3.20.060 Hardship deferrals for building sewers and sewer laterals repair or replacement.
3.20.070 Common interest developments.
3.20.080 Penalties and enforcement.
3.20.010 Testing of building sewers or sewer laterals.
A. Testing of New Building Sewers or Sewer Laterals. All new building sewers and sewer laterals shall be tested by air, water, or video inspection method. The method used shall be at the discretion of WCW. The test section shall be throughout the full length of the building sewer or sewer lateral. The air, water, or video inspection test of a new building sewer or sewer lateral shall conform to all testing requirements established or utilized by WCW in its discretion.
B. WCW Certificate of Compliance. WCW certificate of compliance is required for all property sales and financial property transfers, unless otherwise exempt under this title.
C. Testing of Existing Building Sewers and Sewer Laterals.
1. General. All building sewers or sewer laterals must be maintained in a proper working condition. It shall be unlawful for any owner of a house, building, property or other structure connected to WCW’s sewer system to maintain a building sewer or sewer lateral in a defective condition. As used in this title, “defective condition” includes, but is not limited to (a) displaced joints, (b) root intrusion, (c) substantial deterioration, (d) a damaged or missing cleanout, (e) a damaged or missing backwater overflow prevention device required pursuant to WCWDC 3.15.130, (f) a sewer lateral in a condition that will allow infiltration and inflow of extraneous water or exfiltration of sewage, (g) a sewer lateral in a condition that materially increases the possibility of a blockage or overflow, (h) a sewer lateral constructed without a proper permit or with materials not approved by the district, (i) a sewer lateral lacking a manufactured connection to the district’s sewer system, (j) a sewer lateral otherwise in violation of WCW requirements or (k) a sewer lateral in such a condition that the tests required by this section cannot be accomplished to the satisfaction of the district.
2. Conditions Requiring Cleaning and Testing of Building Sewers or Sewer Laterals. All building sewers or sewer laterals, including but not limited to those serving residential, multiple residential and commercial properties connected to the district’s sewer system, shall be cleaned and tested, at the property owner’s expense, before the following events occur, or concurrent with the events in subsection (C)(2)(d) of this section:
a. The installation of additional plumbing facilities that produce a major increase, in the judgment of the district, in sewage flow from the house, building, property or other structure served.
b. A change of use of the house, building, property or other structure served from residential to business, commercial, or other nonresidential, or from nonresidential/nonrestaurant/nonindustrial to restaurant or industrial uses such as car washes, cleaners and laundries.
c. Any repair or replacement of a portion of the building sewer or sewer lateral.
d. Upon a determination of the district that the cleaning, testing, repair or replacement is required for the protection of the public health, safety and welfare.
e. Prior to a house, building, property or other structure served going to market for sale and prior to recording a deed or other document transferring title to the house, building, property or other structure served. [Ord. 2023-003 § 4.010]
3.20.020 Testing criteria for existing building sewers and sewer laterals.
The owner or an agent of the owner of a house, building, property or other structure connected to WCW’s sewer system shall notify the district at least 24 hours prior to testing so the district has the opportunity to witness the testing. All building sewers or sewer laterals shall be tested by television video inspection method in accordance with all requirements imposed by WCW. When cleaning and testing of an existing building sewer or sewer lateral is required, the building sewer or sewer lateral shall first be cleaned, and then tested via an internal video inspection for the full length of the building sewer or sewer lateral. The internal video inspection shall be completed by a person and/or firm competent by experience to perform the work. Video recordings of the inspection shall be submitted to WCW for verification of the condition of the building sewer or sewer lateral. A building sewer or sewer lateral will comply with the provisions of this chapter if video inspection verifies all of the following conditions as approved by WCW:
A. The building sewer or sewer lateral is free of roots, grease deposits, and other solids which may impede or obstruct the transmission of sewage.
B. There are no illicit or illegal connections to the building sewer or sewer lateral such as roof or yard drainage facilities.
C. All joints in the building sewer or sewer lateral are tight and sound to prevent the exfiltration of sewage and the infiltration of ground water.
D. The building sewer or sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.
E. The building sewer or sewer lateral is equipped with at least one cleanout located within two feet of the building footprint and with a backflow protection device as required by WCWDC 3.15.130.
F. None of the other defective conditions referred to in WCWDC 3.20.010(C)(1) exist.
A video inspection shall be valid for a period of six months from the date of the video. [Ord. 2023-003 § 4.020]
3.20.030 Testing failure mitigation.
When an existing building sewer or sewer lateral fails to meet the conditions required by WCWDC 3.20.010 and 3.20.020, one of the following must occur:
A. The property owner shall cause all repairs necessary to bring the building sewer or sewer lateral to be made to the satisfaction of the district, or replace the building sewer or sewer lateral in accordance with all district requirements. All costs of repair or replacement of the building sewer or sewer lateral shall be paid by the property owner.
B. When the subject property is being sold or conveyed, the property owner (“seller”) and the purchaser of the property (“buyer”) may agree that responsibility for the building sewer or sewer lateral repair will be shifted to the buyer. The buyer must obtain an extension from the district that will give the buyer no more than 90 days to bring the sewer lateral into compliance with this chapter after the closing date of the sale and transfer of the property. The sale or transfer of the property must be completed and the sewer later repaired within 90 days after the extension is granted. Extensions are not renewable. [Ord. 2023-003 § 4.030]
3.20.040 Building sewer and sewer lateral compliance and issuance of certificate of compliance.
WCW shall review the final submitted video for compliance with the conditions contained in WCWDC 3.20.020. When all conditions are met to the satisfaction of WCW, as verified by the video tape inspection, the building sewer or sewer lateral shall be certified as complying with the provisions of this chapter. WCW shall thereupon issue a certificate of compliance to the property owner, noting that the building sewer or sewer lateral serving the property is properly equipped, structurally sound, meets the service conditions of West County Wastewater, and will not require testing for a 10-year period from the date of final inspection unless WCW has reason to believe the building sewer or sewer lateral may have become defective since issuance of the certificate of compliance. [Ord. 2023-003 § 4.040]
3.20.050 Repair or replacement of building sewers and sewer laterals upon sale or transfer of property.
The repairs or replacement of building sewers or sewer laterals described in this chapter that are required as a result of the sale or transfer of property shall be completed prior to recording the deed or other document transferring title, unless an extension is obtained pursuant to WCWDC 3.20.030(B). [Ord. 2023-003 § 4.050]
3.20.060 Hardship deferrals for building sewers and sewer laterals repair or replacement.
In the event that the property owner establishes to the satisfaction of WCW that repair or replacement of a building sewer or sewer lateral will result in undue hardship inconsistent with the purpose or intent of this chapter, a request for hardship status may be submitted to the general manager. The general manager shall make a hardship finding only if the requesting property owner presents facts that clearly demonstrate, in the general manager’s sole discretion, that the property owner’s payment for and completion of a building sewer or sewer lateral repair or replacement at the required time would result in an undue hardship. If hardship status is granted, the property owner shall have up to 180 days to repair or replace the building sewer or sewer lateral.
A. For purposes of this section, undue hardship shall be defined as (1) the severe illness or incapacitation of the property owner; (2) the immediate transfer or removal of the property owner from the state, thereby making the hiring of a contractor to repair or replace the building sewer or sewer lateral impractical or overly burdensome; or (3) any physical or financial situation that would render compliance with the time limits for the repair or replacement of building sewer or sewer lateral extraordinarily difficult or impractical. The property owner shall bear the burden of submitting documentation and proving the existence of such a bona fide hardship to the satisfaction of the general manager.
B. Any property owner to whom a hardship finding is granted shall be given written notice of the finding. Said notice shall inform the property owner that the building sewer or sewer lateral repair or replacement requirement is only deferred up to 180 days – not waived entirely.
C. In the event of a failure to comply with this chapter within the allotted time, WCW may bring an enforcement action pursuant to WCWDC 3.20.080 and Chapter 3.45 WCWDC and exercise any other remedy provided by this title or by applicable law against the property owner and any other responsible party. In addition thereto, any property owner who fails to fully comply with this chapter shall be responsible for all damages that arise from or relate to such failure. For purposes of this section, “damages” includes all compensatory damages, fines, penalties, assessments and other monetary exactions that may be awarded to, levied or assessed by any person, firm, corporation, company or public entity. [Ord. 2023-003 § 4.060]
3.20.070 Common interest developments.
The homeowners association of a common interest development shall provide video inspection verification of all privately owned building sewer or sewer lateral within the common interest areas every 10 years in compliance with duties and obligations imposed by this chapter in relation to any building sewer or sewer lateral located within a common area of the development. The term “common interest developments” includes but is not limited to apartment building(s), condominiums in a townhouse and/or apartment configuration, and any other multi-unit complexes. Homeowner(s) with joint laterals serving two buildings or more which require replacement shall install a separate sewer lateral from their building to the sewer main and reconnect the other lateral back to the sewer main.
A. Townhome/condominium sales of units that use a common lateral from point of connection at the base of structure can close escrow with official notification from the homeowners association (HOA) that the HOA is responsible for the sewer lateral. If no HOA exists, then the individual unit owners, both jointly and individually, shall be liable for the duties and obligations with respect to building sewer or sewer lateral established by this chapter. [Ord. 2023-003 § 4.070]
3.20.080 Penalties and enforcement.
A. Enforcement Authority. The general manager shall enforce the remediation of violations of this chapter.
B. Violations. Each of the following acts or omissions is a violation of this chapter:
1. Failure to obtain a certificate of compliance when one is required;
2. Failure to obtain a time extension if a certificate of compliance is not obtained, or failure to timely perform all required work after receiving a time extension;
3. Failure to comply with any of WCW’s requirements for testing, repair, or replacement;
4. Obtaining, seeking, or presenting an extension or certificate of compliance by means of fraud or misrepresentation;
5. Discharging wastewater from any building sewer or sewer lateral that is in a defective condition;
6. Failure to comply with any other requirement of this chapter.
C. Nuisance. The board of directors of the district hereby finds and declares that each discharge of wastewater from a building sewer or sewer lateral made by any person or entity not in compliance with this chapter, or made from any parcel for which a certificate of compliance is not obtained when required, is a nuisance.
D. Enforcement. WCW may take enforcement action against a person or entity who violates the provisions of this chapter or fails to perform any act required by this chapter. The district may pursue any and all administrative and judicial remedies available to it at law or in equity, including those remedies described in Chapter 3.45 WCWDC.
E. Costs and Fees. WCW may recover from any person or entity in violation of this chapter the costs it incurs in connection with enforcing this chapter, including staff time, and may seek attorneys’ fees in any court action or proceeding.
F. Availability of Remedies. Remedies under this section are in addition to and do not supersede or limit any and all other legal or equitable remedies.
G. Continuing Violations. Each day that a violation of this chapter continues shall constitute a separate violation, and each such violation shall be subject to a separate penalty and to any other remedy available hereunder. [Ord. 2023-003 § 4.080]