Berkeley Municipal Code Ch. 17.16 Sanitary Sewers--Construction Requirements for Sanitary Sewers And…

A. Every house and building shall have an independent connection with a sanitary sewer, if such sanitary sewer exists in the street or alley upon which the property abuts.

B. Notwithstanding subdivision A, not more than two buildings located on a single lot under one ownership may be connected to the same building sewer; provided, that if the lot is divided such that each building is on a separate lot, an independent sanitary connection shall be provided for lot. No two owners of adjacent lots fronting on the same street shall be permitted to join in the use of the same sanitary sewer lateral.

C. This Section shall not require new connections solely on the basis that a single building is converted to condominium ownership. (Ord. 7200-NS § 2, 2011; Ord. 6214-NS § 3, 1993; Ord. 2798-NS, 1946; Ord. 1412-NS § 3, 1928)

A. It is unlawful for any person to place, throw or deposit or cause or permit to be placed, thrown or deposited in any sanitary sewer, privy, vault or cesspool or in any vessel or receptacle connected to any sanitary sewer, any dead animal, fish, offal or garbage, hair, ashes, cinders, waste gasoline, distillate, lubricating oil, grease, any by-product of petroleum or poisonous or flammable or explosive liquids or gasses, glass, broken ware, hay, straw, rags, dirt, rubbish, fruit, vegetables, peelings, bones or kitchen refuse of any kind, or any other matter or thing whatsoever, excepting fecal matter, urine, necessary toilet paper and liquid slops.

The provisions of this section shall not apply to garbage that is deposited into the sanitary sewer system through a garbage disposal device installed and maintained in accordance with the plumbing code of the City.

B. All businesses, industries, government entities and any other entity, exclusive of residential units which discharge into the City's Sanitary Sewer shall obtain a discharge permit or a waiver thereof from the East Bay Municipal Utility District pursuant to EBMUD Ordinance No. 311 and shall comply with the requirements for wastewater discharges as regulated therein and as may be conditioned by the permit.

It is unlawful for any person to place, deposit or discharge into any sanitary sewer lateral or manhole, any hazardous waste, radioactive, flammable, corrosive or explosive materials without a permit therefor from EBMUD. (Ord. 6587-NS § 1, 2000; Ord. 6214-NS § 4, 1993; Ord. 2861-NS, 1947; Ord. 1468-NS, 1928; Ord. 1412-NS § 4, 1928)

Where no sanitary sewer exists in the street opposite a house proposed to be built, a permit may be secured for the construction of a six-inch sanitary sewer in the portion of the street back of the curb. No manhole shall be required at the connection to the main sanitary sewer in the side street when the first house is built. If and when a second house is constructed opposite the latter installation, or this sanitary sewer is extended, the size of the extension shall not be less than the size of the sanitary sewer to which the connection is made, and at this time a manhole shall be constructed at the junction of the two main sanitary sewers. (Ord. 6214-NS § 5, 1993; Ord. 1412-NS § 8, 1928)

No group of houses shall be connected to a main sanitary sewer in a public street without first having the plan of the sanitary sewers to these houses approved by the City engineer. The size of the proposed main sanitary sewer serving these houses shall not be less than six inches in diameter and a manhole shall be provided at its junction with the existing main sanitary sewer. A lamphole shall be constructed at the upper end of the new main sanitary sewer. (Ord. 6214-NS § 6, 1993; Ord. 1412-NS § 9, 1928)

All sanitary sewer and storm drain construction in the City, except that done by employees, agents or representatives of the City, shall be done in accordance with the following provisions and subject to the following conditions:

A. A permit for each connection shall be obtained from the department of public works. At the time of the issuance of such permit, the permittee shall agree in writing to indemnify and hold harmless the City, its officers and employees from any and all claims or demands of whatsoever nature which arise or may arise from the sanitary sewer or storm drain construction covered by such permit.

B. Sanitary sewer construction fees shall be as set forth in the public works master fee schedule, as adopted by resolution of the City Council.

C. For any work performed, wholly or in part, without first having secured the permit required by the provisions of this section, the person, firm or corporation having performed such work shall pay a permit fee which shall be five times the permit fee provided by this section, and five times the inspection charge for any month, or any fraction thereof, that the work has been in progress without a permit.

D. All work shall be done in strict compliance with standard detailed plans and specifications of the City and to the satisfaction of the Director of Public Works, and shall be inspected by a City inspector prior to backfilling the excavation.

E. When a sanitary sewer or storm drain is to be installed in the public right-of-way or other public easement, an amount as set forth in the public works master fee schedule, as adopted by resolution of the City Council, for each permit shall be deposited with the Public Works Department as a guaranty that all sanitary sewer or storm drain work, including backfill, street paving and cleanup, will be done in a proper and workmanlike manner and in accordance with all City requirements and to the satisfaction of the Director of Public Works. In lieu of such deposit for each permit, a surety company faithful performance bond in the amount set forth in the public works master fee schedule, as adopted by resolution of the City Council, may be filed with the Public Works Department. Such bond shall be conditioned that all sanitary sewer or storm drain work, including backfill, street paving and cleanup shall be done in a proper and workmanlike manner and in accordance with all City requirements and to the satisfaction of the Director of Public Works. Any such bond may be conditioned as a continuing bond and not be limited to any particular location in the City. The form of such bond shall be approved by the City Attorney. In the event that such work is not done in a proper and workmanlike manner, or not done in accordance with the requirements of this section or any other ordinance or requirement of the City, or not done to the satisfaction of the Director of Public Works, the City may perform or cause to have performed the necessary corrective or cleanup work and deduct the cost thereof to be paid by said surety company on its bond.

F. For a period of two years after completion of the sanitary sewer or storm drain construction (final paving of the sanitary sewer or storm drain trench), the permittee shall be responsible for the maintenance of the sanitary sewer or storm drain construction and trench paving. (Ord. 6214-NS § 7, 1993; Ord. 5938-NS § 1, 1989; Ord. 5477-NS § 1, 1982; Ord. 5352-NS § 1, 1981; Ord. 5274-NS § 1, 1980; Ord. 5173-NS § 1, 1979; Ord. 5068-NS (part), 1978; Ord. 4359-NS, 1968; Ord. 4110-NS, 1965; Ord. 3844-NS, 1962; Ord. 3696-NS, 1959; Ord. 3328-NS, 1953; Ord. 1412-NS § 11, 1928)

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. 3328-NS (part), 1953; Ord. 1412-NS § 12, 1928)

For the purposes of this chapter, "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 other matter. (Ord. 6214-NS § 2, 1993)