Arroyo Grande Municipal Code Ch. 13.12 Sewer Service System

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section.

"Assessment district" means a special district formed for the purpose of sewer line construction, operation and/or maintenance with costs and expenses distributed among benefited properties, as set forth by law.

Available Sewer. A sewer shall become available only after it has been accepted by the city.

"Backwater valve" means a device which purpose is to prevent flow in a sewer in a direction opposite to that of the intended drainage.

"Benefit unit charge" means a charge to lots within the city having the benefit of a public sewer being located adjacent to such lots.

"Building" means any structure used for human habitation or a place of business, recreation, or other activity and containing sanitary facilities.

"Building sewer" means that portion of a sewer beginning two feet from any building and extending to, and including its connection to, a lateral sewer.

"City" means that portion of the state of California, county of San Luis Obispo, which is incorporated as the city of Arroyo Grande.

"City council" means the city council for the city of Arroyo Grande.

"Cleanout" means a branch fitting installed in a sewer or other pipe for the purpose of providing access for cleaning.

"Director of public works" means the director of public works for the city, or his or her authorized agent or representative.

"District" means the Arroyo Grande sewer assessment district No. 1.

"E.N.R. Cost Index" means the Engineering News Record Construction Cost Index.

"Fixture" means any sink, tub, shower, toilet, or other facility connected to be drained to the sewer.

"Lateral sewer" means that portion of a sewer lying within a public right-of-way or easement which lateral connects, or is intended to connect, a building sewer to a main sewer.

"Lot" means any piece or parcel of land bounded, defined or shown upon a plot or deed recorded in the office of the county recorder and lawfully created; provided, however, in the event any structure is located upon more than one parcel of land, all under the ownership and as defined in this section, "lot" shall include all such parcels of land.

"Manhole" means a structure for the purpose of providing access by a man to a buried sewer.

"Main sewer" means those sewers, excluding lateral sewers, whose main purpose is to accept wastewater from laterals and convey it to the wastewater treatment plant.

"Permit" means any written authorization required by the city pursuant to the provisions of this chapter.

"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

"Public sewer" means that portion of a sewer lying within a public right-of-way or easement maintained by and subject to the jurisdiction of the city.

"Sewer" means a pipe or conduit for carrying wastewater.

"Shall" shall be mandatory. "May" shall be permissive.

"Side sewer" means a sewer beginning at the plumbing or drainage outlet of any building, industrial facility, or preliminary treatment facility and terminating at a main sewer, and including the building sewer and lateral sewer together.

(Ord. 576 § 10, 2005; prior code § 6-6.101—6-6.125)

The purpose of this chapter is to provide for public use of the city's facilities through the adequate regulation of sewer construction, sewer use, and wastewater discharges; to provide for the equitable distribution of the city's costs, and to provide procedures for complying with the requirements placed upon the city by other regulatory agencies.

(Ord. 576 § 11, 2005: prior code § 6-6.201)

For the purpose of this chapter, a public sewer shall be deemed to be available to a building if such sewer is within two hundred fifty (250) feet of the nearest property line of the lot upon which such building is located.

(Prior code § 6-6.301)

Pursuant to the authority of Section 4762 of the Health and Safety Code of the state, the city finds and declares that the maintenance or use of private sewage disposal systems constitutes a public nuisance and finds it to be in the public interests that properties to which a public sewer is available be required to connect thereto.

(Prior code § 6-6.302)

When a public sewer becomes available to a building served by a private sewage disposal system, such building shall be connected to the public sewer within twenty-four (24) months after such public sewer is available, and such private disposal system shall be abandoned as provided in Section 13.12.080, unless an approval is granted by the council for the continued use of such private sewage disposal system.

(Prior code § 6-6.303)

Any newly construction building to which a public sewer is available shall be connected to such public sewer prior to its use for occupancy, unless approval is granted by the council for a private sewerage disposal system.

(Ord. 576 § 12, 2005: prior code § 6-6.304)

The approvals for private sewage disposal systems referred to in Sections 13.12.050 and 13.12.060 of this chapter may be granted upon a written application to the council by the applicant setting forth the basis for such a request. Approval may be granted only upon an affirmative showing that no health hazard, public nuisance, or inequity to other property owners will result therefrom. Approval may also be granted to allow a private sewage disposal system when it is shown to the satisfaction of the director of public works to be unfeasible to connect to the public sewer, and the lot in question is approved by the county health department as to suitability for such private sewage system.

(Ord. 576 § 13, 2005: prior code § 6-6.305)

Where septic tanks are abandoned as a result of connecting any building to the public sewer, the owner of the property to which such connection is made shall fill all abandoned septic tanks within ninety (90) days after the time of connecting to the public sewer in the following manner:

A. All sewage shall be removed from the septic tank.

B. Inlet and outlet pipes shall be disconnected from the tank.

C. All wooden materials forming the top of the tank shall be removed.

D. The tank shall be filled with sand, gravel or concrete, but such filling shall not extend above the vertical sidewalls until inspected by the city.

E. Following inspection, the tank shall be filled and then covered to the level of the top of the ground.

(Prior code § 6-6.306)

It is unlawful for any person, firm or corporation to construct or replace any cesspool, septic tank, or similar apparatus within a distance of two hundred fifty (250) feet from any public sewer without the approval of the council.

(Prior code § 6-6.307)

Swimming pool or spa water and wastewater shall be disposed of as set forth in the currently adopted Uniform Plumbing Code.

(Ord. 576 § 13, 2005: prior code § 6-6.308)

No group of four or more houses or buildings on one lot shall be connected to a main sewer without first having the plan of the sewers to such houses approved by the director of public works. The size of the proposed building sewer and lateral serving such houses shall not be less than six inches diameter or of a size determined by the director of public works. A manhole shall be provided at its junction with the existing main sewer. The director of public works may permit more than one condominium or planned unit development unit to connect to a common building sewer subject to improvement standards adopted by the city. The director may require appropriate conditions to such an approval to become a part of the codes, covenants and restrictions for the subdivision.

All maintenance of building sewers are the responsibility of the lot owners or appropriate owner's association exclusive of the city main line.

(Ord. 576 § 15, 2005: prior code § 6-6.309)

An applicant for sewer service shall sign an application and furnish a legal description of the property to be served. It shall be the applicant's responsibility to deliver sewage to the service point selected by the city. Service will be granted only where adequate collection lines have been installed. Lateral sewers shall be installed by a contractor licensed to do sewer work and shall be maintained by the property owner.

(Ord. 576 § 16, 2005: prior code § 6-6.310)

Where a property is within two hundred fifty (250) feet of the public sewer, but pursuant to the provisions of Section 13.12.070 of this chapter a private sewage disposal system is approved, the property owner shall apply for and obtain all permits required by the city and supply all plans, specifications, or other information deemed necessary by the city building official before construction of such private sewage disposal system can begin. The construction and inspection of such system shall be in conformance with the currently adopted Uniform Plumbing Code and shall meet any other requirements of the council, the city building official, and the county health department. The owner shall operate and maintain such private sewage disposal facilities in a sanitary manner at all times at no expense to the city.

(Ord. 576 § 17, 2005: prior code § 6-6.311)

It is unlawful for any person, other than the city, to make any connection to any public or building sewer, or to construct, perform maintenance, or alter any public sewer main or building sewer within the city without first obtaining a permit from the city for such work.

(Ord. 528 § 1 Exh. A (part), 2001: prior code § 6-6.401)

Any person desiring to perform work involving sewers shall make a request in writing to the city, providing specific details of the proposed work and any other such information as the city may require. The work to be performed shall be done in accordance with city standards and codes. Approval of the proposed work will be issued in the form of an encroachment permit, a building permit, approved subdivision plans or other permit applicable to the overall project involved. The applicant shall pay all such permit and inspection fees associated with the approval.

(Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.402)

Nothing contained in Sections 13.12.140 through 13.12.240 of this chapter shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building or residential sewer, except when it is necessary to replace any part of such sewer. For the purpose of this chapter, building sewer is defined as all sewerage exclusive of city main line including, but not limited to, the wyes, tees, saddles, laterals and plumbing.

(Ord. 576 § 18, 2005: Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.403)

The applicant to whom a permit for construction has been issued and the person performing the work under such permit shall be liable for all damages. Such applicant shall hold the city and its employees and agents harmless from all loss, including expenses incurred in defending any action against the city arising out of such construction work. The applicant shall be liable for defects in the work and for any failure which may develop in the facilities because of defective work or materials.

(Ord. 576 § 19, 2005: Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.404)

Each connection to the sewer system shall be charged a fee as adopted by the Governing Board of the South San Luis Obispo County Sanitation District.

(Ord. 576 § 20, 2005: Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.405)

For each connection of a building sewer to a public sewer, a connection fee is hereby established. The fee shall be collected by the city before the permit for the connection work is issued. The city council may, from time to time, by resolution, set forth the amount of the sewer connection fees. Such resolution shall provide for a method of adjusting the amount of the fees to account for changes in construction costs or other considerations affecting the reasonable relationship between the fees and the cost of the public sewer system.

Every house and building requiring a sewer service shall have an independent connection to the public sewer, except that more than one building located on a lot under one ownership, or condominium, or planned unit development may be connected to the same building sewer in conformance with Section 13.12.110, with the exception of condominium and planned unit developments, in the event a lot with a house or building so connected is subdivided, an independent sewer connection with appropriate easements shall be provided for each differently owned premises. With the exception of condominium and planned unit developments, no two owners of adjacent lots fronting on the same street shall be permitted to join in the use of the same building sewer.

(Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.406)

Sewer connections to an area outside the city limits shall be subject to the following conditions:

A. The applicant shall provide detailed calculations that demonstrate that the proposed sewage flow, plus the projected sewage flow from the areas within the city limits at buildout can be conveyed by the city sewer system. The analysis shall be reviewed and approved by the director of public works.

B. The applicant shall provide a will serve letter demonstrating that the South San Luis Obispo County Sanitation District will accept the additional sewage.

C. Pay connection fees as described in Sections 13.12.190 through 13.12.240 of this chapter, plus an additional amount established by the city for overhead and administration of the outside sewer connection. In addition, the applicant shall be responsible for all costs associated with connecting to the city's sewer system.

D. For sewer connections of a single residence unit, the director of public works may approve the outside connection. For connections of more than a single residence unit, the outside connection shall be approved by the city council.

E. Provide evidence of approval of all necessary government bodies, including, but not limited to, the local agency formation commission.

(Ord. 576 § 21, 2005: Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.407)

All moneys derived from sewer connection fees shall be deposited in a special fund known as the "sewer facility fund." The money in such fund shall be used to pay for sewer improvements and future sewer capacity as necessary to meet the needs of the city resulting from growth and expansion.

(Ord. 576 § 22, 2005: Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.408)

Whenever new development replaces existing development, the connection fees shall be as stated in Sections 13.12.140 through 13.12.240, less any credits determined in accordance with Section 13.12.240.

For any sewer connection not included in the provision of Sections 13.12.140 through 13.12.240, the city shall determine the amount of the connection fee on such basis that such fee will be equivalent to that paid by other users.

(Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.409)

It is the intent of the city to equalize the cost of sewer service throughout the area of the city by the application of the provisions of Sections 13.12.140 through 13.12.240, and, notwithstanding any provisions of Sections 13.12.140 through 13.12.240, the city may, in any instance, increase the service charges to be charged for any extraordinary service to achieve such objective.

(Ord. 528 § 1 Exh. A (part), 2002: prior code § 6-6.410)

A person making a sewer connection may apply for credit against the fees due. Credit may be allowed for connection fees, a portion thereof, or an equivalent that has been previously paid. The director of public works shall determine that amount of credit allowed.

No reductions in connection fees shall be transferable to another parcel of land.

(Ord. 528 § 1 Exh. B (part), 2001: prior code § 6-6.411)

Any person extending a public sewer to the benefit of other properties may request a reimbursement agreement to be approved by the city council. The city council shall approve or disapprove of any reimbursement agreement. The reimbursement agreement shall not reduce the connection fees to be paid to the city. The maximum term of a reimbursement agreement shall be ten (10) years.

(Ord. 576 § 23, 2005: Ord. 528 § 1 Exh. B (part), 2001: prior code § 6-6.501)

No sewer service shall be provided until the sewer connection fees have been paid.

(Ord. 528 § 1 Exh. B (part), 2001: prior code § 6-6.502)

All sewer construction work, including taps into sewer mains, within the city shall be done in strict compliance with the city's public works department plans and specifications therefore and the Uniform Plumbing Code. Such work shall be inspected by the public works director.

(Ord. 576 § 25, 2005: prior code § 6-6.601)

All work done pursuant to the provisions of this chapter shall be subject to inspection by the city. Up to the time of the inspection all work shall remain uncovered and convenient for the inspector's examination. If any pipes are enclosed or covered in any way whatsoever so as to tend to obstruct a thorough inspection of the piping system, such obstruction shall be removed before an inspector shall be required to inspect the work. When, upon an examination by the inspector, the work is found to be defective, either in its construction or materials, such work shall be made to conform to the requirements of this chapter, in default of which the permit for such work shall be revoked by the city, and such work shall be discontinued immediately.

(Ord. 576 § 26, 2005: prior code § 6-6.602)

In all buildings in which there are plumbing fixtures at an elevation too low to permit drainage by gravity from such fixtures to the public sewer, the sewage from such fixtures shall be pumped and discharged to the main sewer at the owner's expense. In all buildings where floor elevation is below the rim elevation of the nearest upgrade manhole, there shall be installed in the sewer lateral an approved type of backflow valve. Backflow valves shall also be installed per the Uniform Plumbing Code.

(Ord. 576 § 28, 2005: prior code § 6-6.706)

The sewer facilities within the city are sized to accommodate the sewer requirements of all developed and undeveloped property within the city. Before any annexation is made to the city, it shall be first determined that sufficient capacity has been reserved for all undeveloped acreage within the city.

(Prior code § 6-6.801)

When the council approves an annexation to the city, all sewer costs and sewer line extensions shall be borne by the property being annexed if such property was not included in Arroyo Grande sewer assessment district No. 1.

(Prior code § 6-6.802)

A. Waters. No person shall discharge, or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Wastes. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

1. Any gasoline, benzene, naphtha, fuel oil, or other inflammable or explosive liquid, solid or gas;

2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste water treatment process, or constitute a hazard to humans or animals, or create any hazard in the receiving waters of the waste water treatment plant;

3. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the waste water treatment collection works, such as any materials retained on a screen having eight meshes per inch each way;

4. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit;

5. Any water or wastes which may contain more than one hundred (100) parts per million, by weight, of fat, oil, grease or wax;

6. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant;

7. Any noxious or malodorous gas or substance capable of creating a public nuisance; and

8. Any waters or wastes having a pH lower than five and five-tenths or higher than nine or having any other corrosive property capable of causing damages or hazards to structures, equipment, or personnel of the sewage works.

(Prior code § 6-6.901, 6-6.902)

Commercial and industrial customers shall file with the city a notice showing the character of sewage effluent proposed. Effluents of any customer will be restricted to the strength and character of normal domestic wastes. The waste discharged shall be subject to inspection and sampling by the city. The acceptance of commercial and industrial wastes will be in accordance with set restrictions and subsequent amendments thereto. No pretreatment is anticipated or prescribed, but corrective procedures may be required for the removal of oil, grease, grit, acids, sulfides, toxics or industrial compounds. If the wastes do not conform to the waste discharge laws, service may be disconnected.

(Prior code § 6-6.903)

All sludge and wastes from septic tanks and chemical toilets shall be disposed of at such places as designated by the county health department.

(Prior code § 6-6.904)

All customers, upon connection to a public sewer line, shall be required to pay a sewer service charge for those pipelines and appurtenances constructed, maintained and operated by the city primarily for the collection of sewage and the conveyance thereof to the sewer plant owned and operated by the South San Luis Obispo County sanitation district. The city council shall, by resolution, establish the rates which will be charged for sewer service.

(Prior code § 6-6.1001)

All customers, upon connection to a public sewer line, shall be required to pay a bimonthly sewer service charge for having any sewer connection with the South San Luis Obispo County sanitation district, or otherwise discharging sewage that ultimately passes through the district's sewage system, in accordance with the fee schedule adopted by the South San Luis Obispo County sanitation district.

(Prior code § 6-6.1002)

The computations of the rates shall be as follows:

A. Sewer service charges computed on average daily attendance will be based upon the records of the entity charged with or having the responsibility of keeping such records, and such attendance figures shall be furnished to the city upon a written request by the city.

B. Whenever required, sewer service charge rate computation information shall be furnished to the city, on forms furnished by the city, upon a written request therefor.

C. In the event of failure to furnish rate computation information when requested and within the time allowed, the city may compute the rate based on such information as it finds reasonably available, and. such computation shall be conclusive and final.

(Prior code § 6-6.1003)

For premises having a sewer connection but for which a specific classification for sewer service charges has not been set forth, the district shall charge such rate as in its sole discretion it deems most applicable for the type of use being made of the premises in relation to the uses made of classified premises and the rate fixed for such classified premises.

(Prior code § 6-6.1004)

A sewer service bill will become delinquent if, on the fifteenth day of the month following the month in which a sewer bill is mailed, the bill, or that portion thereof which is not in bona fide dispute, remains unpaid. The city shall notify the property owner of such delinquent charges. If a bill has been delinquent for two months on such property, the city shall post a notice on the property that sewer service will be discontinued unless the bills for sewer charges and all delinquencies are paid. If the occupant is not the property owner, the city shall also send a copy of the disconnection notice to the property owner by mail at his or her last address shown on the city's records. If all delinquent bills have not been paid within fifteen (15) days after the posting of such notice, the city may disconnect the sewer or discontinue the water service to the property. The costs of disconnecting the sewer and reconnecting it, together with all other amounts due, shall be paid by cash, cashier's check, or certified check at the time an application is made for reconnection. It is unlawful for any person to inhabit a disconnected property or produce any sewage thereon until the property has been reconnected. Service charges shall continue to accrue during the period of such disconnection.

(Prior code § 6-6.1005)

Charges of any kind more than sixty (60) days' delinquent, plus any penalties and interest thereon, when recorded as provided in Article 4 of Chapter 6 of Part 3 of Division 5 of the Health and Safety Code of the state, shall constitute a lien upon the real property served. Such lien shall continue until all charges are fully paid, or until the property is sold therefor, or until otherwise extinguished by operation of law.

(Prior code § 6-6.1006)

It shall be the duty of the director of public works to enforce all the provisions of this chapter. For such purpose he or she shall have the powers of a police officer.

(Prior code § 6-6.1101)

The director of public works or his or her authorized representative shall, upon exhibition of proper credentials and identification, be permitted to enter in and upon all buildings and premises within the district at reasonable hours for the purposes of inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in carrying out the provisions of this chapter.

(Prior code § 6-6.1102)

Whenever it is deemed necessary, the council may, by resolution, further interpret the provisions and terms and conditions of this chapter.

(Prior code § 6-6.1201)