Corte Madera Municipal Code Ch. 21.22 Infiltration and Inflow; Inspections; Repairs

(a) For the reasons stated below, the district finds and determines Infiltration and Inflow (hereinafter referred to as I & I) into the sewer system to be a concern for the district that requires inspections and repairs required in this title. During heavy rains a significant amount of storm water is introduced into the district's sanitary system as a result of I & I from breaches in the entire pipeline system which includes private sewer laterals that lead to the pump stations and Central Marin Sanitation Agency (hereinafter referred to as CMSA) treatment plant. To a great extent, much of this I & I is introduced into the district's pipelines and sewer mains from the private sewer laterals or unpermitted drainage structures leading from a property to the district's sewer mains. As a result of I & I, the CMSA sewer treatment facilities have the potential to become overburdened during periods of heavy rains leading to sewage overflows or bypass and possible spills into the San Francisco Bay waters. Such overflows and spills can lead not only to significant fines and penalties against the CMSA Treatment Plant and District by regional state and federal water regulatory agencies, but may pose a significant risk to the environment, and the health and safety of the public at large. The District has determined that it is in the public interest to address I & I and sewer overflows contributed by private sewer lateral s and, as such, it is a District priority to authorize and mandate the enforcement of the upgrade, replacement or repair of private sewer laterals as required in this title including as a condition of building permits, construction work and property sales.

(b) The District also finds that inflow and infiltration from the lateral sewers of property owners has caused the district sewer system to back up, leak, malfunction, and operate at a lower efficiency and capacity than the system is intended and designed to do. Further, the district finds that these problems have resulted in the district paying considerable extra expense annually in order to continue the operations of its sewage pump stations. The District also finds that this inflow and infiltration into the district sewer system is caused by the age and wear and tear to sewer laterals that have existed for many years without being tested, replaced and/or repaired. The district hereby establishes in this section a voluntary sewer lateral replacement program to address the problems associated with inflow and infiltration in lateral sewers throughout the district.

(c) During each fiscal year and until the need shall no longer arise, the district board or staff may in its sole and unfettered discretion offer to owners served by the district sewer system the option of executing an agreement with the district to test for inflow and infiltration and repair or replace the owner's lateral sewer cost and expense of the district in exchange for the owner's agreement to retain ownership and maintenance responsibility over the private sewer lateral after the district completes the repair or replacement of the lateral sewer. The agreement shall release, hold harmless and indemnification provisions in favor of the district and shall be in a form provided by district staff.

(d) The District shall not be required by this section to offer any owner being served by the district the opportunity to participate in the program described in this section. The District board or staff shall determine which properties, if any, are to be offered participation in this program based upon the availability of District resources, the needs of the property owners, and any other factors that it may deem relevant to its decision. Notwithstanding any other provision in this title, no person shall have the right to appeal any decision or determination made by the district under this section.

(e) The District shall test the lateral sewer for inflow and infiltration according to the "Standard Specifications and Drawings, Sanitary District No. 2 of Marin County" or similar guidelines that may be established by or for the district.

(f) Nothing in this section shall alter or modify the owner's maintenance, repair and ownership responsibilities over the lateral sewer as set forth in Section 21.20.060.

(Ord. No. 45, § 4, 6-4-2018)

(a) Health and safety basis for requiring a private sewer lateral inspection. An owner of any private sewer lateral serving owner's residential property, fixed and floating property, commercial property, publicly owned building, common interest development, apartment building and any other structure which has a private sewer lateral shall have the sewer lateral inspected in accordance with the requirements of this chapter (as directed and within the time period indicated by the district Manager) upon the occurrence of any of the following events:

(1) Overflow or malfunction. Whenever District staff determines that the private sewer lateral has recently overflowed or has recently malfunctioned;

(2) Lateral failure or lack of maintenance. Whenever District staff finds that there is sufficient evidence to conclude that the private sewer lateral has failed, is likely to fail, or has not been properly maintained.

(3) Public health threat. Upon any other reasonable cause to believe that there is a threat to the public health, safety, or welfare due to the condition of a private sewer lateral.

(4) Age of pipes and/or extent flora causing higher flow within the service area. Whenever the District Manager determines that the age of pipes (clay, plastic or other material) in combination with observed flora (tree roots near the sewer lateral suggesting root intrusion causing infiltration) or the age of the pipes independently are causing excessive flow in a neighborhood or area, the District Manager may direct an inspection of the private sewer lateral to determine the need for repair.

(b) Events requiring a sewer service lateral inspection.

All properties. An owner shall have the private sewer lateral serving his or her property inspected and all defects repaired in accordance with the requirements of this chapter and the district standard specifications upon the occurrence of any of the following events:

(1) Additions and improvements. Prior to the issuance of a county or city building permit for a building addition or new improvements on the real property where said addition or improvements (or cumulative additions or improvements through multiple projects over the prior three years) have a value of fifty thousand dollars or greater (second units, additions, water meter change size or fire sprinkler installed, fixture counts change, or District Manager request).

i. District shall notify the relevant jurisdiction (Town, City or County) of this requirement so that issuance of a building permit is conditioned upon meeting the requirement of a lateral inspection.

(2) Transfer of property title. Where the sale of any real property with sewer improvements is proposed, the seller shall have the private sewer lateral inspected prior to transfer of property title, including transfers made by a trust or other mechanism within the same family.

i. It is suggested that the seller provide an inspection report of the private sewer lateral as specified in 21.20.030 to District Staff upon offering the home for sale. The responsibility for any repair of a lateral is an issue between the buyer and seller. Regardless of who is responsible for the private sewer lateral repair, such repair shall be completed within one hundred eighty days of the close of sale.

ii. Should the seller fail to have an inspection conducted on the property prior to the sale of the property, the district shall require the new owner to conduct an inspection and make any necessary repairs to the lateral.

(3) Whenever the district is replacing a sewer main or conducting repair of a sewer main or the town of Corte Madera or County of Marin is resurfacing roads on or near the road where the private sewer lateral connects to the sewer main, owners will be notified by the district of the current work and need for an inspection report on their private sewer lateral prior to the road work or construction so that any remedial work to the lateral is completed prior to completion of the construction or road work. Sanitary District Capital Improvements Projects may necessitate the repair or replacement of portion or the entire private sewer lateral at the District Manager's discretion at which time the requirement in this subsection may be waived by the District Manager. Any private sewer lateral repaired or replaced by the district shall remain the responsibility of the property owner as described in 21.20.060.

(4) Where an owner refuses to provide an inspection, District may conduct a televised inspection or pressure test and the owner shall be responsible for the costs of such inspection. Should an inspection reveal the need for repairs, the district may issue a notice to repair to the owner and have the remedies provided for in 21.040(d) of this title to ensure repairs are made and costs are paid by the owner.

(5) Exception to inspection for recent prior inspections and replacements. The following are exceptions to the inspection requirements of this subparagraph b). The following exceptions do not apply to any inspection required under subparagraph a) above.

i. Prior Replacement of Sewer Lateral. An owner otherwise required to perform a private sewer lateral inspection under this subsection shall not be required to perform such an inspection if the owner (or the owner's predecessor-in-interest) has originally installed or has replaced his or her property's entire private sewer lateral within the three years prior to the date of the application for a building permit, listing the property for sale, or the road work or sewer repair, unless reasonable cause is made apparent to District staff that the new lateral is compromised.

ii. Prior Inspection and Repair of a Sewer Lateral. An owner otherwise required to perform an inspection under this subsection (b) shall not be required to perform such an inspection if the owner has either completed a remedial inspection (conducted in accordance with the inspection requirements of this title and completed a permitted repair of the sewer lateral within the three years prior to the date the inspection would otherwise be required.

iii. Proof of Prior Replacement of a Sewer Lateral. Owner shall provide proof of any prior replacement of a private sewer lateral ten years or less in age and approved by the District Manager in the form of a certificate, a paid bill or any sufficient documentation that ensures such prior replacement of a private sewer lateral occurred pursuant to subsections (b)(1) or (b)(2) above. The form and content of the document or proof must be deemed sufficient by the district or its designated representative.

iv. Shared Portions of Laterals may apply for a onetime 180-day extension to assist owners' time to schedule needed repairs or replacement.

v. Homeowners' Associations (H.O.A.'s) may apply for a three-year blanket approval if a lateral or laterals in the condominium complex are inspected at one time, and approved in accordance with this title by the district.

(Ord. No. 45, § 4, 6-4-2018)

(a) Inspection Standards. The Sewer Lateral Inspection Report required by this chapter shall be prepared in accordance with the following requirements and specifications.

(1) The Inspection Report shall be prepared by a licensed plumber;

(2) The Inspection Report shall identify all of the following:

i. Verification and description of a), b), c) and d) of 21.20.075.

ii. Any and all defects that could allow Infiltration into the lateral or otherwise create a maintenance issue in the district sewer system. Such defects may include but not be limited to the following: displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow or infiltration or extraneous water, root intrusion, grease and sediment deposits or other conditions likely to increase the chance for blockage of the sewer service.

iii. Whether any connection, by pipes or otherwise, allows rainwater to groundwater to enter the private sewer lateral or public sewer or main.

iv. Whether the private sewer lateral has an installed backwater devices (i.e. Contra Costa valve or popper and check valve where applicable) where any outlet or trap of the private sewer lateral is below the level of the nearest manhole. If a backwater device is already installed, the report shall indicate whether the backwater device is functioning properly.

(3) The Inspection Report shall contain an express certification from the certified inspector that the property has been inspected for any outdoor drain connection to the district sewer system and that no such unpermitted lateral exists. The report shall be prepared in a format acceptable to the district.

(4) Based upon the district staff evaluation of the deficiencies outlined in the report, the district will determine the level of repair or replacement that is necessary and cost will be the responsibility of the owner.

(b) Compliance with Regulations. The Inspection Report shall, in all other aspects, comply with the requirements and specifications described in the District Manager's specification for a Sewer Lateral Inspection Report as established in subsection 1, below.

(1) Requirements for an Inspection Report: The following items are required to be addressed in an inspection report which conforms to NASSCO (National Association of Sewer Service Companies) pipe inspection Standards:

i. Date of inspection;

ii. Name of inspector and name of plumbing firm along with license #; NASCO certification #

iii. Certification that a televised video was taken of the lateral;

iv. A certification that no roof, swimming pool, floor and/or surface drains or any other non-sewage drains are physically connected to the lateral or sewer main and items described in subsection a) of this section.

v. Identification and linear footage location with respect to the private sewer lateral of any displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow or infiltration or extraneous water, root intrusion, grease and sediment deposits or other conditions likely to increase the chance for blockage of the sewer service.

vi. Certification that an installed backwater device(s) are in place where any outlet or trap of the sewer lateral is below the level of the nearest manhole. If a backwater device is already installed, the report shall indicate whether the backwater device is functioning properly.

vii. A Declaration under penalty of perjury that the report is true and correct.

(Ord. No. 45, § 4, 6-4-2018)

All repairs shall comply with the Municipal Code, Sanitary District Sewer Standard Specifications and Details and be approved by the sanitary district manager.

(a) Notice to Repair. Upon receipt of the sewer lateral inspection report pursuant to this title, the district manager (or designated staff) will determine whether it indicates any deficiencies in the operation of the private sewer lateral and if it does, the district manager shall provide the owner(s) with a notice to repair as may be deemed appropriate by district staff. district staff shall provide the determination and issue a notice to repair within fifteen business days after receipt of the inspection report. The notice to repair/replace shall specifically identify the deficiencies to be corrected and shall establish a deadline of one hundred eighty days, within which the owner(s) shall complete the required corrective actions at owners' expensive. The corrective action may include a requirement that the lateral be replaced altogether and also may include the installation of cleanouts and backwater valves if those devices are otherwise required by this title or any uniform code adopted by the district.

(b) Obligations of the Owner. The owner shall repair his or her private sewer lateral to the satisfaction of the district manager, and, if a building permit is required for the repairs, the owner shall obtain a final permit inspection and approval of the relevant building official.

(c) Repairs to Improper Connections Consisting of Multiple Private Connections to a Common Lateral. A private sewer lateral serving more than one residential dwelling, except as provided for in 21.20.006, is an improper connection and shall be repaired or replaced as deemed appropriate by the district manager. The owner of each affected premises shall be responsible for disconnecting their private sewer lateral from the common lateral and connecting to the nearest sewer main.

(d) Failure to Repair upon District Notification. Should an owner fail to conduct the required repairs upon issuance of a Notice to Repair by the district, the district shall have several options in order to ensure that the repair or replacement is completed:

(1) Public Nuisance. Continued habitation of any home, building or continued operation of any industrial facility in violation of a notice to repair or replace a private sewer lateral is hereby declared to be a public nuisance. The district may cause proceedings to be brought for the abatement of the occupancy of the home, building or industrial facility (i.e., a court order directing the occupant(s) to vacate the home, building or industrial facility until the directed repairs are made) during the period of such violation. The district shall have the right to recover its attorney fees and costs for the pursuit of the abatement.

(2) Disconnection of Private Sewer Lateral to Sewer Main. The district shall have the right to commence proceedings in Marin Superior Court to seek a court order disconnecting the private sewer lateral from the sewer main, thus leaving the home, building or industrial facility without municipal sewer service. The district shall have the right to recover its attorney fees and costs for the pursuit of disconnection.

(3) Corrections of Violations. Section 6523 of the California Health and Safety Code provides than in order to enforce the provisions of any ordinance of a district, the district may correct any violation of an ordinance of the district. The cost of such correction may be added to any sewer service charge payable by the person violating the ordinance or the owner or tenant of the property upon which the violation occurred, and/or the district may place a lien on the property wherein the violation occurred or the district may pursue a civil action for recovery of the costs. Whatever option the district pursues under this subsection 3, the district shall be entitled to its costs and attorney fees.

(4) Administrative Citation. In order to enforce any of the requirements of this chapter, the district may issue an administrative citation pursuant to Section 21.38.020 and cause the person responsible for the violation to be subject to administrative fines, in the amounts provided by Section 21.38.030.

(Ord. No. 45, § 4, 6-4-2018; Ord. No. 47, § 2, 7-20-2021)