Chapter 17.24 — ABATEMENT OF NONCONFORMING/SUBSTANDARD SEWER LATERALS

ON PRIVATE PROPERTY

Sections: 17.24.010 Purpose and findings. 17.24.020 Definitions. 17.24.030 Standards for maintenance of Private Sewer Laterals. 17.24.040 Cleanouts required. 17.24.050 Public nuisance conditions. 17.24.060 Determination of public nuisance by City Engineer--Appeal. 17.24.070 Correction or abatement. 17.24.080 Verification Testing at time of Transfer. 17.24.090 Verification Testing at time of building permits with sufficient valuation. 17.24.100 Properties with greater than 1000 feet of Laterals. 17.24.110 Disclosure required--Remedies. 17.24.120 Verification Testing and repair--Requirements. 17.24.130 Sewer Lateral Certificates of Compliance. 17.24.140 Exceptions. 17.24.150 Public Entities. 17.24.160 Fees. 17.24.170 Violation--Penalty. 17.24.180 Remedies.

A. The purpose of this Chapter is to reduce infiltration and inflow into the sanitary sewer system operated by the City of Berkeley by requiring testing, repair, replacement, and ongoing maintenance of privately owned sewer laterals within the City of Berkeley, in compliance with SFRWQCB Order R2-2009 and NPDES Permit No. CA0038466, USEPA Administrative Order in docket no. CWA 309(a)-10-007, and the Consent Decree in United States of America, et al. v. City of Alameda, et al. (N.D. Cal. Case No. CV 09-05684 RS). To this end, this Chapter requires that all Private Sewer Laterals be maintained by their owners in accordance with the standards set forth in this Chapter. Such maintenance shall include, when necessary, the repair or replacement of the sewer laterals.

B. In 1986, the Regional Water Quality Control Board, San Francisco Bay Region (SFRWQCB), in its enforcement of the 1972 Federal Clean Water Quality Act, and the requirement to control sewage overflows, issued a Cease and Desist Order to the East Bay Municipal Utility District (EBMUD), the City of Berkeley and other East Bay Communities (Order No. 86-17, reissued with Order No. 93-134).

C. In an effort to solve the problem of sewage overflows in compliance with the Cease and Desist Order, the affected jurisdictions jointly developed a compliance plan. The plan used a broad-based Sewer System Evaluation Study completed in 1985 by CDM Jordan/Montgomery. The CDM Jordan/Montgomery study found that a significant component of infiltration and inflow (I/I) is infiltration, consisting of groundwater or runoff from rainfall that passes through the soil into defects in the sewer pipes and associated structures.

D. In addition, there exist in the City numerous stormwater inflow connections into Private Sewer Laterals, such as downspouts and storm drains (Non-Sanitary Sewer Connections) on private property.

E. The City’s evaluation estimates that as much as 40--50% of the I/I peak flows during heavy wet weather events are from Private Sewer Laterals and storm drain connections on private property.

F. Infiltration and Non-Sanitary Sewer Connections are major sources of the I/I that occur during the rainy season. Evidence supporting this conclusion includes leakage test data, internal inspection by television, smoke test results, conditions documented by excavations, and direct flow measurements.

G. The CDM Jordan/Montgomery study recommended that the affected jurisdictions update and enforce their sewer ordinances as required to implement the program’s recommendations, including an ordinance requiring testing and repair of Private Sewer Laterals as a condition on the sale of property or significant remodeling, and requiring all property owners to eliminate Non-Sanitary Sewer Connections and correct defective sewers. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

The following terms apply to this Chapter and are the same as, or supplement the definitions found in the Berkeley Plumbing Code, Berkeley Municipal Code Chapter 19.34:

A. "Building Drain" is that part of the lowest piping of a drainage system that receives sanitary sewage from inside a building and conveys it to the Lateral beginning 30 inches outside the building.

B. "City Engineer" is the City Engineer or their designee.

C. "Cleanout" is a pipe fitting and associated piping connected to a Lateral that provides access to the lateral for purposes of inspection and maintenance.

1. "Private Cleanout" is a Cleanout located on the Private Sewer Lateral.

2. "City Cleanout" is a Cleanout at or near the property line or street curb line that is maintained by the City,
which complies with current City of Berkeley standards.

D. "Infiltration" is groundwater, runoff from rainfall or any other source that passes through the soil into a Lateral through defects in the sewer pipes and associated structures, and water from Non-Sanitary Sewer Connections.

E. "Inflow" is runoff from rainfall that enters the Lateral through Non-Sanitary Sewer Connections.

F. "Infiltration and Inflow (I/I)" is the combination of inflow and infiltration.

G. "Lateral" is that part of the piping of a drainage system which extends from the end of the Building Drain to the Main Sewer and conveys the discharge of the Building Drain to the Main Sewer.

H. "Lower Lateral" is the portion of a Lateral that is located in the public right-of-way and extends from a City Cleanout to the Main Sewer.

I. "Main Sewer" or "Sewer Main" is a sanitary sewer line directly controlled by the City of Berkeley and located in the public right-of-way or City easement that collects flows from more than one sewer Lateral.

J. "Non-Sanitary Sewer Connection" is any facility that directly or indirectly conveys stormwater, surface water, roof runoff, intercepted groundwater or subsurface drainage into sanitary sewers, including, but not limited to, downspouts, yard drains or other sources of stormwater or other run-off.

K. "Private Sewer Lateral" ("PSL") shall have one of the following meanings, depending on the circumstances:

1. In cases where a Lateral connects a Building Drain to a Sewer Main located in a street on which the
building site has frontage, the PSL is the portion of the Lateral from the Building Drain to a City Cleanout if
one exists, or the location where the City Cleanout is required to be.

2. In cases where a Lateral connects to a Yard Sewer Main, the PSL is the entire Lateral, including the
connection to the Yard Sewer Main.

3. In all other cases, the City Engineer shall determine the extent of the PSL based on the applicable
circumstances, in a manner that best accomplishes the purposes of this Chapter.

L. "Public Entity" or "Public Entities" is: (1) any city or county; (2) any special district or agency of the state formed pursuant to general law or special act for the local or regional performance of governmental or proprietary functions within limited boundaries; (3) any agency or entity created pursuant to the Joint Exercise of Powers Act (Cal. Gov. Code § 6500, et seq.); (4) a school district or a community college district; (5) the University of California; (6) the California State University; (7) an air pollution control district or an air quality maintenance district; (8) a housing authority; and (9) any other entity with the capacity to own real property created by any of the above. "Public Entity" or "Public Entities" does not include the State of California government or the United States government or any agency, board, or commission thereof.

M. "Satisfactory Condition" is a condition of a Private Sewer Lateral that is indicated by:

1. Final inspection and approval of a City Building or Plumbing Permit for replacement of the Private Sewer
Lateral and disconnection of any Non-Sanitary Sewer Connections, and, if necessary redirection of any
stormwater connections in a manner approved by the City Engineer, within the previous 20 years; or

2. Approval by the City Engineer of the results of a Verification Test of the Private Sewer Lateral confirming
that it is in compliance with the standards set forth in this Chapter.

N. "Sewer Lateral Certificate" is a certificate issued by the City Engineer indicating that the lateral is in "Satisfactory Condition" as defined herein.

O. "Structure" is any structure or building as defined in the Berkeley Plumbing Code that is provided with public sewer service by the City of Berkeley.

P. "Transfer" is any transaction, whether or not for consideration, in which any real property, including condominiums as defined in Civil Code section 1351(f), is transferred or conveyed from one person or entity to another. The term "Transfer" shall be construed broadly to achieve the purposes of this Chapter, subject to the following specific exclusions, which shall be narrowly construed:

1. Any transfer or conveyance from one or more co-owners of property into a revocable or inter vivos trust, if the trust is for the benefit of the grantor or grantors and the proportional ownership is not changed; however any transfer by a trustee or other fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust shall be considered a transfer;

2. Any conveyance made to a spouse or a registered domestic partner in order to create a joint tenancy or tenancy in common; or

3. Any conveyance between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree.

Q. "Verification Test" is a test witnessed by the City’s authorized representative(s) to verify that a PSL complies with the requirements set forth in this Chapter. The City Engineer shall maintain written procedures for Verification Testing, which shall be made available upon request.

R. "Yard Sewer Main" is a Sewer Main that is subject to the City’s control and maintenance but that is not located in a public right-of-way. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

It shall be the responsibility of private property owners to perform all required maintenance, repairs and replacements of PSLs in accordance with this Chapter and any other City standards. Standards for maintenance of the PSL are set forth below.

A. PSLs shall meet the following standards.

1. PSLs shall be kept free from roots, grease deposits, and other solids, which may impede the flow or
obstruct the transmission of waste.

2. PSLs shall not exhibit any signs of infiltration.

3. PSLs shall not exhibit any signs of exfiltration or leakage.

4. PSL pipe joints shall be tight and all PSL pipes shall be free of any structural defects such as cracks,
breaks, openings, rodent holes or missing portions, and the grade shall be uniform without sags or offsets.

5. All Non-Sanitary Sewer Connections shall be disconnected from the PSL and such connections shall be
rerouted in accordance with the Berkeley Building and Plumbing Codes and other applicable standards.

6. All cleanouts shall be securely sealed with proper caps or approved overflow devices at all times.

B. PSLs shall be brought into compliance with these standards:

1. When required to do so by Sections 17.24.050 or 17.24.080 through 17.24.120;

2. When a person performs any work on a PSL; and

3. When non-compliance with these standards comes to the attention of the City Engineer.

C. All work on PSLs shall be consistent with Section 17.24.120.A. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. Each Lateral shall have a standard City Cleanout located in the City right-of-way or easement, and such Cleanouts shall be installed by the property owners at their expense after obtaining all required permits, except that if a private lateral connects directly to a manhole in a street or in an easement, the manhole shall be considered the City cleanout, and the entire lateral is private and its maintenance is the property owner’s responsibility.

B. Each PSL shall also have a Private Cleanout within 30 inches of the building or as specified by the Berkeley Plumbing Code, whichever is more restrictive. Such Cleanouts shall be installed by the property owners at their expense consistent with the Berkeley Plumbing Code, after obtaining all required permits.

C. Installation of Cleanouts under this Section may be undertaken at any time, but shall not be required until Verification Testing is required pursuant to Sections 17.24.050, or 17.24.080 through 17.24.120. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. A PSL constitutes a public nuisance if it:

1. Does not fully comply with Section 17.24.030; or

2. Is subject to excessive I/I as determined by the City Engineer or their designee.

B. A Cleanout constitutes a public nuisance if it:

1. Is uncapped or improperly capped.

2. Has leaks or breaks or is otherwise subject to exfiltration or leakage.

3. Has Non-Sanitary Sewer Connections.

4. Is subject to entry of I/I for any reason. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. The City Engineer may require the Verification Testing of any PSL or Cleanout, and may determine that a PSL or Cleanout is a public nuisance as defined in this Chapter.

B. If the City Engineer determines and declares that a PSL or Cleanout is a public nuisance, the City Engineer shall issue a written notice ordering the property owner to make whatever repairs the City Engineer reasonably deems necessary, within a reasonable period of time that shall be specified in the notice. Verification Testing and repairs shall be conducted consistent with Section 17.24.120.A.

C. Determinations under this Section may be appealed as set forth in Chapter 1.24. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. Owners shall obtain all required plumbing and sewer permits prior to making any repairs whether required by the City Engineer or for any other reason, and shall retain the inspection card(s), signed and approved by City inspector(s), as proof of completion of work.

B. Upon approval of such repairs and payment of the required fee, the City Engineer shall issue a Sewer Lateral Certificate of Compliance.

C. In the event a property does not comply with a notice and order under Section 17.24.060, the City may abate the public nuisance as set forth in Chapter 1.24.

D. The City may recover any costs incurred in abating a public nuisance under this Chapter, as set forth in Chapter 1.24. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. Prior to completing transfer of property on which a Lateral exists, the owner shall have the PSL(s) for all property associated with the parcel number for that property Verification Tested, and shall submit the results of the Verification Testing to the City Engineer, unless the owner presents satisfactory proof to the City Engineer that the property has a currently valid Sewer Lateral Certificate of Compliance for that PSL. Alternatively, the owner may replace the entire PSL without prior Verification Testing.

B. (1) All required repair or replacement work shall be completed and a Sewer Lateral Certificate of
Compliance obtained prior to transfer of title.

(2) The City Engineer may grant a six month extension if the Transferor and Transferee agree to either
of the following options.

a. Option 1. The Transferor or Transferee shall deposit funds with the City in an amount the City
Engineer determines to be sufficient to complete any Verification testing and/or repair; or

b. Option 2. The Transferee shall submit a signed contract with a licensed plumbing contractor to
have any Verification Testing and/or repair required by the City Engineer completed within six
months after close of escrow.

3. Under both Option 1 and Option 2, the Transferor and Transferee must execute and deliver to the City
Engineer a binding agreement in a form acceptable to the City: (a) authorizing the City or its agent to enter on
the property and complete any Verification Testing and/or repairs the City Engineer deems appropriate if
such Verification Testing and/or repairs is not completed within six months after close of escrow; (b)
containing any other conditions the City Engineer deems appropriate, including but not limited to provisions
holding the City harmless for any damage that may occur as a result of undertaking and completing any
Verification Testing and/or repairs; (c) providing that any funds deposited with the City under Option 1 shall
be forfeited and transferred to the City upon commencement of the Verification Testing and/or repair by the

City or its agent; (d) providing that any cost of Verification Testing and/or repair that is not covered by a
forfeited deposit shall be billed to the current owner and in the event of nonpayment, shall become a lien on
the property and may be imposed pursuant to Chapter 1.24; (e) waiving any rights under state or local law to
appeal the amount or imposition of a lien under Chapter 1.24 or other applicable authority; and (f) providing
for the refund of any forfeited amount that is not required to complete the Verification Testing and/or repair.

C. Except as otherwise provided or as allowed by the City Engineer, the owner of the property, including both the seller and the buyer, is responsible for compliance with this Chapter. The seller of any real property shall be responsible for disclosing to prospective purchasers the requirements of this Chapter and the compliance status of the real property in question. Upon transfer of ownership, the buyer will be responsible for the compliance with this Chapter, regardless of any disclosure or failure to disclose.

D. When a Transfer involves a unit in a multi-unit structure served by a single Lateral or shared Laterals, such as a condominium or other common interest development, the homeowners’ association or other designated responsible party for this type of multi-unit structure shall determine if the Lateral(s) is (are) in compliance with this Chapter and perform any necessary repair or replacement work to achieve compliance. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

valuation.

A. Whenever a person applies for a building and/or plumbing permit for a construction valuation that exceeds $60,000, the property owner shall have the PSL for the parcel number Verification Tested and shall submit the results of the Verification Testing to the City Engineer, unless the owner presents satisfactory proof to the City Engineer that the property has a currently valid Sewer Lateral Certificate of Compliance for that PSL. Alternatively, the owner may replace the entire PSL without prior Verification Testing.

B. In order to ensure compliance with this Section, the property owner or agent shall obtain a Sewer Lateral Certificate of Compliance prior to issuance of the building permit for the construction, except as set forth in subdivision (C).

C. The City of Berkeley Building Official is authorized and directed to implement this Section, and may extend the time to conduct any Verification Testing or repair or replacement under this Section if the PSL replacement is an integral part of the construction project, in which case such repair or replacement and Verification Testing shall be completed prior to final inspection. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

Owners of properties with Laterals that have a cumulative length greater than 1000 feet shall, including Public Entities, no later than January 1, 2016, Verification Test the entire Lateral system, and submit for approval by the City Engineer a plan for repairing any public nuisance conditions under Section 17.24.050 and bringing the Lateral into Satisfactory Condition no later than December 31, 2019. After the work is completed, re-certification of the sewer lateral shall occur at twenty (20) year intervals, (Ord. 7371-NS § 1 (part), 2014)

A. At the earliest possible opportunity prior to the sale of any property, each real estate broker or agent representing each owner of such property, or each owner of all or part of such property shall provide the buyer(s) with a legible copy of the Private Sewer Lateral Information Statement as prepared, and modified from time to time, by the City Engineer. Such statement shall contain basic information concerning the requirements of this Chapter and the seller’s and buyer’s obligation under it.

B. Failure to comply with the requirement of this Section of this Chapter is hereby declared to be a public nuisance.

C. In addition to any other remedies which may be available to any person at law or equity, any person who is injured by any violation of, or failure to comply with, this Section shall be entitled to sue for, and recover from any violator of this Section, all damages proximately resulting from such violation in a court of appropriate jurisdiction, in addition to injunctive and other appropriate relief.

D. The remedies provided by this Section are in addition to any other remedies to which the City may be entitled. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011. Formerly 17.24.100)

A. All Verification Testing shall be in accordance with City approved procedures, including State of California Standard Specifications, the California Plumbing Code as adopted by the City of Berkeley ("Berkeley Plumbing Code"), the California Building Code as adopted by the City of Berkeley ("Berkeley Building Code"), the Green Book Standard Specifications for Public Works Construction, or other procedure or standard reviewed and approved by the City Engineer.

B. Verification Testing shall be performed by a qualified licensed plumbing or sanitation contractor, unless the owner presents satisfactory proof to the City Engineer that the property has a currently valid Sewer Lateral Certificate of Compliance for that PSL.

C. All repair or replacement work identified by the Verification Test as necessary to prevent I/I must be completed and approved by the City Engineer.

D. If Non-Sanitary Sewer Connections to the Private Sewer Lateral are found, the property owner shall disconnect them, and shall contain, disperse on site, or redirect, stormwater run-off, as required by the City Engineer.

E. The property owner shall submit a copy of the inspection card, signed and approved by a City inspector, as proof of compliance.

F. The City Engineer, at their discretion, may require a Verification Testing following completion of repairs or replacement as proof of compliance.

G. Failure to comply with an order issued under this Chapter shall be deemed a violation of this Chapter, and the condition of the Private Sewer Lateral or Cleanout in such cases shall be deemed, and is hereby declared, a public nuisance. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. Upon submittal of documentation verifying that a property owner has complied with this Chapter, and payment of any required fee, the City Engineer shall issue a Sewer Lateral Certificate of Compliance.

B. A Sewer Lateral Certificate of Compliance shall be effective for the following periods of time:

1. A period of 7 years after:

   (a) Acceptance of a Verification Test performed under this Chapter if no repairs were required;

   (b) Verification Testing and approval by the City of repairs to a PSL or connections thereto;

   (c) Inspection and approval by the City of completed repairs to a PSL or Cleanout ordered by the City

   Engineer.

2. A period of 20 years after Verification Test and approval by the City of a complete replacement of a PSL. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

The City Engineer may extend the time to conduct any repairs or other work under Section 17.24.120, if they make a written determination that compliance is infeasible and stating the reasons for that determination. In such cases, the owner shall record a Notice of Limitation on the affected property using a form approved by the City, which states the deadline by which any repairs or other work shall be completed. Such notice may be removed only upon consent of the City. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

A. No later than January 1, 2024, and periodically thereafter at intervals consistent with Section 17.24.130, every Public Entity shall obtain a Sewer Lateral Certificate or otherwise demonstrate to the City that its Private Sewer Laterals are in compliance with this Chapter. The City will notify all Public Entities in Berkeley of this requirement.

B. This Chapter applies to Public Entities only to the extent permitted by law. As to the United States government, the State of California and agencies, boards, and commissions thereof, and other Public Entities that are not legally required to comply with this Chapter, this Chapter nevertheless:

1. embodies the appropriate practices and standards that those entities should observe, in order to comply
with the requirements of the Clean Water Act and the Porter-Cologne Act; and

2. represents the City of Berkeley’s request that they do so. (Ord. 7371-NS § 1 (part), 2014)

The City Council shall establish fees by resolution for administration of this Chapter. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

Any violation of any provision of this Chapter shall be deemed a public nuisance and a misdemeanor, but may be cited and prosecuted, in the discretion of the enforcing officer, as an infraction, and shall be punishable as set forth in Chapter 1.20 of this Code. Violations of this Chapter may also be cited pursuant to Chapter 1.28. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

The remedies specified in this Chapter are cumulative. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

If any article, section, subsection, paragraph, sentence, clause or phrase of this Chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not affect the remaining portions of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this chapter and each article, Section, subsection, paragraph, sentence, clause or phrase which is a part thereof, irrespective of the fact that any one or more articles, Sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional. (Ord. 7371-NS § 1 (part), 2014; Ord. 7200-NS § 1 (part), 2011)

The Berkeley Municipal Code is current through Ordinance 8008-NS, passed May 12, 2026.

Disclaimer: The City Clerk’s Office has the official version of the Berkeley Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above.

City Website: www.berkeleyca.gov

Hosted by General Code.