Emeryville Municipal Code Art. 1 Title And Definitions

This chapter shall be known as the "Wastewater Collection System Ordinance of the City of Emeryville."

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 1, Ord. 82-013, eff. Nov. 25, 1982)

Except as otherwise defined in the latest editions of the American Public Works Association Standard Specifications for Public Works Construction, the California Plumbing Code, and the Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, the terms in this chapter shall be defined as follows:

(a)

"Appropriately licensed contractor"

shall mean a contractor with a current State of California contractor's license required to undertake work associated with the repair or replacement of a building sewer lateral;

(b)

"APWA"

shall mean the American Public Works Association;

(c)

"ASTM"

shall mean the American Society for Testing and Materials;

(d)

"Building sewer lateral"

shall mean the section of sewer pipe that carries sewage and liquid waste from a point two feet (2') from the building or structure served, up to and including the connection to the public sewer. The building sewer lateral is comprised of the upper sewer lateral and lower sewer lateral and is the sole responsibility of the property owner;

(e)

"CCTV"

shall mean a closed-circuit television method of inspecting any underground sewer piping system;

(f)

"City"

shall mean the City of Emeryville;

(g)

"Cleanout"

shall mean a segment of pipe connected to a building sewer lateral which rises vertically to the ground surface and provides access to the building sewer lateral for purposes of routine inspection, flushing, and servicing in order that the building sewer lateral remain free-flowing;

(h)

"Compliance certificate"

shall mean a certificate issued by EBMUD indicating that a building sewer lateral complies with the requirements as set forth in the EBMUD Regional PSL Ordinance;

(i)

"Director"

shall mean the Director of Public Works for the City of Emeryville and his or her authorized representative;

(j)

"EBMUD"

shall mean the East Bay Municipal Utility District, Special District No. 1;

(k)

"EBMUD Regional PSL Ordinance"

shall mean the East Bay Municipal Utility District Ordinance No. 359-13, as amended by Ordinance No. 362-14, Regional Private Sewer Lateral Ordinance, its implementation and any future amendments or modifications thereto;

(l)

"Food service establishment"

shall mean an operation that prepares, packages, serves, vends, or otherwise provides food for human consumption, including, but not limited to, the following:

(1)

An operation where food is prepared on the premises, regardless of whether there is a charge for the food.

(2)

Permanent and nonpermanent facilities, including, but not limited to, the following:

(i)

Public and private school cafeterias.

(ii)

Restricted food service facilities.

(iii)

Licensed health care facilities.

(iv)

Commissaries.

(v)

Temporary food facilities;

(m)

"FOG"

shall mean fats, oils and grease in the sanitary sewer system;

(n)

"Infiltration and inflow (I/I)"

shall mean stormwater that enters a sanitary sewer system intended only for wastewater flows;

(o)

"Lower sewer lateral"

shall mean that part of the building sewer lateral extending from the property line and/or two (2) way cleanout to the publicly owned sewer main, including the connection to the sewer main;

(p)

"Notice to proceed"

shall mean a written notice from the City specifying that the temporary City action preventing the repair or replacement of any part of the building sewer lateral is lifted and, further, that the property owner shall proceed with the repair or replacement of that part of the building sewer lateral such that it is completed and the appropriate compliance certificate be obtained within the specified time limit set by the Director;

(q)

"Notice of violation"

shall mean a written notice from the City specifying that a building sewer lateral is not in compliance with this chapter;

(r)

"Person"

shall mean and include any individual, firm, association, homeowners' association, organization, nonprofit organization, partnership, corporation, trust, joint venture, limited liability company, limited liability corporation, public entity, or any other entity with the capacity to own real property created by any of the above;

(s)

"Plumbing Code"

shall mean the latest adopted edition of the California Plumbing Code;

(t)

"Property owner"

shall mean a person that owns a parcel of real property upon which a building or structure is located with associated plumbing fixtures installed or having waste drainage piping, or a vacant parcel of real property with a lower sewer lateral and/or an upper sewer lateral connected to the sewer main;

(u)

"Public entity"

shall mean any of the following: (1) a city or county, (2) a 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) an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.), (4) a school district or 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, (9) the State of California or the United States of America or any department or agency thereof, or (10) any other entity with the capacity to own real property created by any of the above;

(v)

"Public sewer"

shall mean the publicly owned collection system that carries sewage and liquid waste from building sewer laterals to the wastewater treatment facilities;

(w)

"Repair"

shall mean a spot mending of an existing building sewer lateral to address a specific section of pipe that is not in compliance with this chapter;

(x)

"Replacement"

shall mean that entirely new underground pipes, fittings, joint connections, cleanouts, caps, and other required components of the building sewer lateral are installed and constructed in conformance with this chapter. Complete lining of an existing building sewer lateral in conformance with this chapter shall also be considered a replacement;

(y)

"Sanitary sewer system"

shall mean the entire wastewater collection system including public sewers and all building sewer laterals;

(z)

"Sewer main"

shall mean the publicly owned sanitary sewer piping system that receives and carries flows of sewage and liquid waste from building sewer laterals to the wastewater treatment facilities. The sewer main does not include any portion of a building sewer lateral;

(aa)

"Stormwater"

shall mean natural occurring water created by the weather, underground springs, and surface or subsurface drainage of said water;

(bb)

"Upper sewer lateral"

shall mean that part of the building sewer lateral extending from the property line and/or cleanout, running on private property to the building or structure served. When an upper sewer lateral connects to a rear or side yard sewer main located on private property in an easement, the entire lateral, including the connection to the sewer main, shall be considered the building sewer lateral;

(cc)

"Verification test"

shall mean a specific on-site testing of the building sewer lateral consisting of a low pressure air or water exfiltration test to ensure the building sewer lateral is free of leaks in compliance with the EBMUD Regional PSL Ordinance and this chapter;

(dd)

"Wastewater"

shall mean all sewage, industrial and other waste and waters, whether treated or untreated, discharged into or permitted to enter a sanitary sewer system;

(ee)

"Wastewater treatment facilities"

shall mean the wastewater treatment plant operated and maintained by EBMUD near the eastern anchorage of the Bay Bridge as well as the interceptor system that transports wastewater originating from the public sewer.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 1, Ord. 82-013, eff. Nov. 25, 1982)