Berkeley Municipal Code Ch. 17.06 Drainage into Sewer System

For the purposes of this chapter, certain words and phrases are defined as follows:

A. "Groundwater" means water within the earth, such as that which supplies or could supply wells and springs. Groundwater occupies space between earth or soil particles.

B. "Intercepted groundwater" means groundwater which has been caught or gathered or concentrated.

C. "Roof runoff" means stormwater which has fallen upon the roof of a structure and has moved from the roof in obedience to the laws of gravity.

D. "Sanitary sewage" means a combination of the liquid and water-borne wastes derived from ordinary living processes and from industrial and commercial processes. It is commonly discharged from water closets, bidets, urinals, sinks and floor drains in residences, business buildings, institutions and industrial establishments.

E. "Sanitary sewer" means a pipe, conduit, or sewer owned, operated and maintained by the City and which is designated by the Director of Public Works as one dedicated to the exclusive purpose of carrying sanitary sewage to the exclusion of unpolluted water.

F. "Stormwater" means water which has precipitated from the atmosphere such as rain, snow or hail.

G. "Subsurface drainage" means groundwater intercepted by means of gravel and/or pipes with the intent of lowering the groundwater table in the vicinity of the gravel and/or pipes usually for the purpose of dewatering a structure built wholly or partly below ground surface.

H. "Surface water" means water that is produced by rainfall, melting snow, melting hail, escapement from water service mains or by springs and is resting on or moving over lands or improvements in obedience to the laws of gravity. (Ord. 5030-NS § 1, 1978)

All or any devices, inventions or piping systems which convey directly or indirectly stormwater, surface water, roof runoff, intercepted groundwater or subsurface drainage into sanitary sewers, are prohibited except as provided for under Section 17.06.100. (Ord. 5030-NS § 2, 1978)

The Director of Public Works shall have the authority and responsibility to administer and enforce the provisions of this chapter. (Ord. 5030-NS § 11, 1978)

The Director of Public Works or their authorized representative may enter buildings or property pursuant to Section 1.16.010 of this code for the purpose of determining if there exists in any building or property violations of this chapter. (Ord. 5030-NS § 3, 1978)

Whenever the Director of Public Works finds devices, inventions or systems which convey stormwater, surface water, roof runoff, intercepted groundwater or subsurface drainage into sanitary sewers, they shall serve notice on the owner of the property stating the existence of such prohibited connections, requiring abatement of such connections, and specifying the measures necessary for such abatement. Such notice shall be served personally on the owner or by mailing such notice to the owner certified, postage prepaid and addressed to the post office address last shown on the Alameda County secured assessment rolls, and by posting a copy of such notice on the property. (Ord. 5030-NS § 4, 1978)

It shall be the duty of the owner to abate the prohibited connections within one hundred eighty days of personal service or mailing of such notice. (Ord. 5030-NS § 5, 1978)

If the owner should neglect or refuse to abate the prohibited connections pursuant to such notice, the director of public works shall abate the prohibited connections at the expense of the City and the City may recover the amount of such expense in an action at law against the owner or owners of said building or property. (Ord. 5030-NS § 6, 1978)

Any owner or owners desiring to protest against the determination that there exists prohibited connections on their building or property shall file with the City Manager's office a protest in writing within fifteen days after receiving notice to remove the prohibited connections.

Any owner or owners desiring to protest against the costs incurred by the City in abating prohibited connections pursuant to Section 17.06.070 shall file with the City Manager's office a protest in writing within fifteen days after receiving notice of the cost incurred by the City in abating the prohibited connections. (Ord. 5030-NS § 7, 1978)

Upon the filing of a petition as specified in Section 17.06.080, the City shall conduct a hearing pursuant to Resolution No. 47,953-NS, Parts A and B.

The decision of the City Manager shall be final. (Ord. 5030-NS § 8, 1978)

Stormwater, surface water, roof runoff, groundwater or subsurface drainage which at the time of adoption of this ordinance codified in this chapter drains into a sanitary sewer, may continue to so drain if a special temporary permit has been obtained from the Director of Public Works. Permits will not be automatically issued and may be issued only when, in the opinion of the Director of Public Works, the denial of a permit would result in extreme hardship, in hazard to property, or in similar conditions. Such permit shall be revocable at any time. In the event of revocation, the permittee shall comply with Section 17.06.020 within one hundred eighty days of personal service or mailing of such revocation. (Ord. 5030-NS § 9, 1978)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 5716-NS § 1 (part), 1986; Ord. 5030-NS § 10, 1978)