Millbrae Municipal Code § 8.20.120 Service area

A. The service area consists of those areas within the improved corporate limits of the city, the unimproved areas within the corporate limits of the city, the unincorporated areas of the county and the areas within neighboring municipalities whose wastewater is legally connected to the city's wastewater collection system under the terms of this chapter.

B. Sanitary sewer service shall be provided, at the owner's expense, to all structures within the city which have a legally constructed sanitary sewer lateral conforming to the requirements of this chapter. No sanitary sewer connections shall be made to the city's wastewater collection system from unimproved areas of the city, unincorporated areas of the county or other municipalities without approval of an extension of service area by the city council and compliance with the permit requirements contained in this chapter.

(1976 Code § 8-4.201; Ord. 740 § 3; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. The service area may be extended to unimproved areas within the corporate limits of the city, to unincorporated areas of the county, and to areas within neighboring municipalities, subject to approval of the city council and, as applicable, by county or neighboring municipalities. Prior to approving any extension of service area, the city council shall consider the matter at a public meeting to determine the necessity of such an extension. Where the county or a neighboring municipality has the physical ability to provide sanitary sewer service outside of the corporate limits of the city, no service area extension may be granted.

B. Sanitary sewer connections can only be made where city sanitary sewer mains already exist. An owner may, at his/her expense, apply for an extension of service area to extend the city sanitary sewer main to service his/her property. Any user requesting an extension of service area shall first make a written application to the city on the forms provided by the city, obtained from the city's public works department.

C. The application shall contain information reporting on the need for an extension, the lots, parcels or tracts of land within the extension, a legal description of the property to be served by the extension with consent of the property owner, the proposed size of the extension and location, plans, profiles and calculations on the design of the sanitary sewer mains, and shall include the names, addresses and telephone numbers of the owner and/or agents submitting the application to the director of public works for consideration, in addition to any other information the director of public works may require at the time of application. The application will also report on the impact that an extension would have on the operation of the city's wastewater collection system/POTW. Any extension of service area shall be subject to compliance with the California Environmental Quality Act and the requirements of this chapter. The director of public works shall determine the completeness of the submitted application within thirty days of receipt of such application.

D. Upon receipt of a complete application for a sanitary sewer main extension, the director of public works shall make an investigation of the proposed extension and shall make a director's report through the city manager to the city council listing all findings necessary for approval including the estimated cost of the extension.

E. The city council, upon receipt of the director's report, shall consider the application and report, and after due consideration shall take action on the application.

F. Upon approval of the application, the director of public works shall prepare a sanitary sewer main extension agreement to be signed by the property owner, and/or the owner's designated agent and the director of public works, establishing the terms for design, construction, ownership, operation and maintenance of the sanitary sewer main extension. All costs associated with any service area extension, including application, design, construction, administrative and legal costs, shall be borne by the applicant unless otherwise authorized by the city and provided for in the sanitary sewer main extension agreement.

G. Upon approval of the design for a sanitary sewer main extension, the property owner and/or the owner's designated agent shall file an application for an encroachment permit pursuant to MMC § 8.20.180.

H. The property owner or agent, upon receiving approval of an application for sanitary sewer main extension and issuance of an encroachment permit, shall be responsible for the design, construction, inspection and testing of the sanitary sewer main, including all associated costs, unless otherwise authorized by the city and provided in the sanitary sewer main extension agreement.

I. Upon construction completion, and approval by the director of public works, the property owner and the owner's designated agent responsible for construction shall relinquish property rights to the sanitary sewer main extension which shall then be vested in the city for operation and future maintenance.

(1976 Code § 8-4.202; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

A. No individual waste disposal systems shall be constructed, operated or maintained to collect, treat or dispose of sewage within the service area. Septic disposal systems shall be considered as individual waste disposal systems. Industrial and sanitary waste holding tanks may be permitted to operate within the service area subject to issuance of a wastewater discharge permit.

B. It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. Use of cesspools or other means of sewage disposal, other than connecting to the city's wastewater collection system, constitutes a public nuisance for which the city may take any action set forth in Chapter 6.25 MMC.

(1976 Code § 8-4.203; Amended by Ord. 720 § 1; Ord. 637 § 2)

All city sanitary sewer mains, junction structures, pumping stations and appurtenant facilities within the public right-of-way, public utility easements or sanitary sewer easements are part of the city's wastewater collection system owned by the city and are under the control and operation of the city.

(1976 Code § 8-4.204; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. The property owner is responsible at his/her expense to construct, operate, clean and maintain on the lot or parcel owned by the property owner, all sewer laterals or waste holding tanks, individual waste disposal systems including septic systems, if permitted, sewage ejector pump stations and appurtenant pipelines, valves and structures to either the point of connection with the cleanout wye on the sanitary sewer lateral or to the city sanitary sewer main as provided below, in full compliance with the provisions of this chapter. The city shall maintain the sewer lateral from the cleanout wye to the city sanitary sewer main when a cleanout is provided either in the sidewalk, or if there is no sidewalk within the public right-of-way then within two and one-half feet of the city main (see Illustration 1A at the end of this chapter)[1]. In such instances, the cleanout must be accessible at all times. When the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the sewer lateral all the way to the city sanitary sewer main including the sanitary sewer lateral's wye junction to the main. Where a cleanout does not exist and the property owner desires to install one, the city will not accept maintenance responsibility from the new cleanout to the city's main until the property owner satisfies the director or his designee as to the condition of that lateral.

[1]

Editor's Note: Sewer Ordinance Illustration 1A is included as an attachment to this title.

B. Sanitary sewer connections to the city's wastewater collection system shall be limited to one sanitary sewer lateral per lot, parcel or tract of land as described in MMC § 8.20.240(E). Multiple or branched sanitary sewer laterals serving more than one lot or parcel, referred to as "joint sewer laterals," are specifically prohibited. The limitation of one sanitary sewer lateral per lot as stated in MMC § 8.20.240(E) shall also apply in the case of condominium subdivisions, planned unit developments and commercial developments unless specifically waived in a subdivision improvement agreement or sanitary sewer main extension agreement. Existing conditions not in compliance with this chapter shall be brought into compliance within sixty calendar days after a property owner receives notice from the city and in all cases prior to the transfer of ownership of property pursuant to MMC § 8.20.450. The replacement of existing joint sanitary sewer laterals serving more than one lot or parcel shall be at the expense of the affected property owners, with the cost of separating the joint sewer lateral equally shared by the owners served by the joint sewer lateral. The director of public works has the authority to make exceptions to the requirement to separate joint sewer laterals in rare cases where, in his or her judgment, increased sanitary sewer overflows would result from separating them. The director of public works is also authorized to make exceptions to the general rule of equal sharing of the cost of separating a joint sewer lateral in rare cases where, in his or her judgment, this cost sharing would be inequitable and/or result in an undue burden on a property owner for the requisite repairs.

(1976 Code § 8-4.205; Ord. 740 § 3; Ord. 720 § 1; Amended by Ord. 707 § 1; Ord. 637 § 2)

A. Permits shall be required under this chapter to construct, alter, repair, maintain and operate any sanitary sewer lateral, sewage holding tank or discharge facility including sewage pumping stations within the city. Encroachment permits for all work within the public right-of-way shall be obtained from the director or his/her designated representative. Permits for all work on private property shall be obtained from the building inspector and shall be subject to the Millbrae Municipal Code and the UBC and UPC. Encroachment and plumbing permit fees are set by city council in the City of Millbrae Fees and Service Charge Schedule. A performance deposit, or bond, in an amount of one hundred percent of the estimate for the work may be required. Permits shall not be considered valid until all fees and connection charges have been paid, bonds and indemnification have been provided to the city, and the permit has been signed by the appropriate city official.

B. In the event a permit has expired and a reactivation fee is required, the original applicant may pay an amount equal to half the original fee to reactivate the permit. A new applicant of an expired permit shall be subject to the permit conditions required for a new permit applicant and shall pay the full amount of the permit.

(1976 Code § 8-4.206; Ord. 740 § 3; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. An encroachment permit application will be completed for any sanitary sewer construction within the public right-of-way and shall contain all information required by the director of public works, and be accompanied by payment of all fees determined by the city council in the City of Millbrae Fees and Service Charge Schedule.

B. All plans, calculations, designs, specifications, tests and surveys as required by this chapter and by the director of public works shall be submitted with the application. The applicant shall be subject to all conditions of the standard encroachment permit including, but not limited to, time limitations, indemnification and compliance as contained within this chapter and the Millbrae Municipal Code.

(1976 Code § 8-4.207; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. All work shall be initiated within six months of the date of issuance of the encroachment permit and shall be completed within the time limit specified in the permit. If work is discontinued for any reason for a period of six months, the permit shall be deemed expired and no further work may proceed until the permit is reactivated and a reactivating fee paid.

B. Encroachment permits may be extended with the express written consent of the public works director only after the applicant has filed a request for time extension with the public works director stating the reasons for the request. The public works director may require additional fees for costs incurred by the city for permit time extensions.

(1976 Code § 8-4.208; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. All applicants for permits required in this chapter shall be required to indemnify and save harmless the city and its officers, agents and employees from any and all liability to persons and property in connection with any activities related to the application for and discharge of any permit. The applicant shall provide for indemnification of the city, its councilmembers, and all officers, employees and agents of each of them in a form acceptable to and approved by the city attorney.

B. The applicant shall be solely liable for any defects in the performance of any activity under a permit and for any failure or defect which may arise from the performance of any activity or work permitted.

(1976 Code § 8-4.209; Amended by Ord. 720 § 1; Ord. 637 § 2)

Any permit, when signed by the applicant and issued by the director, shall constitute an agreement to comply with all permit conditions and all terms and requirements of this chapter. Any modifications to the permit and its terms and conditions shall be made only upon written agreement between the director and the applicant, and shall thereafter be binding upon the applicant.

(1976 Code § 8-4.210; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. The director may revoke any permit issued under this chapter when the applicant fails to comply with the terms and conditions of the permit. Prior to permit revocation, the director shall provide notification to the applicant stating the reason warranting revocation. The applicant shall be provided ten days to respond to the proposed revocation action, unless the director determines that an action must be taken to protect the public health, safety or welfare. The director shall meet with the applicant and provide the applicant with the opportunity to respond to any revocation action in writing within these ten days. If the response provided by the applicant is deemed unsatisfactory to the director, the revocation will stand.

B. An applicant, only after filing a response with the director and having the request to repeal the permit revocation denied, may appeal the revocation to the city manager within ten days of the revocation repeal denial. If no appeal is made within this specified period, the revocation shall remain valid.

(1976 Code § 8-4.211; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

A. Any sanitary sewer connection to the city's wastewater collection system not connected to an existing structure having a current certificate of occupancy or being more than a single connection and not approved in writing by the director shall be removed or abandoned in place in a manner specified by the director. Demolition of an existing structure may require the removal or in-place abandonment of the sanitary sewerline as determined by the director. The director shall also approve of the manner in which the sanitary sewerline will be removed or abandoned.

B. The property owner shall be responsible for any costs associated with the removal or abandonment of a sanitary sewer connection. In the event a property owner fails to properly remove or abandon a sanitary sewer connection, the city may cause and take action to abate and remove or abandon the sanitary sewer connection or take any action set forth in Chapter 6.25 MMC with the costs paid by the property owner.

(1976 Code § 8-4.212; Amended by Ord. 720 § 1; Ord. 637 § 2)

Minimum standards for the design and construction of public and/or private sanitary sewers, including rehabilitation, repair and replacement of sanitary sewer facilities, shall be in accordance with requirements of this chapter, the Uniform Plumbing Code sewer design and construction standards, and the Specifications and Standard Plans for Public Works Construction, a copy of which is available for viewing at the public works offices. The director or building official, as jurisdiction requires, may allow modifications or require special design and construction where nonstandard conditions are encountered. The following design requirements shall apply:

A. Construction documents consisting of plans, profiles, details and specifications shall be required for all sanitary sewer construction projects which document how sanitary sewer facilities are to be constructed. The construction documents shall be prepared by a civil engineer licensed to practice in the state of California. These construction documents shall show locations and boundary lines of affected properties; plans for the proposed work at a scale not exceeding one inch equals twenty feet; profiles of sanitary sewer facilities showing flowlines, pipeline grades, trench grades and ground surface elevations to the nearest one-tenth foot; details showing facility cross-sections, dimensions and material specifications; notes and specifications for the work including general notes and project specifications.

B. All sanitary sewer facilities shall be designed for installation within easements or rights-of-way dedicated for public use. Easement descriptions, dedications, acceptance and recordation shall be completed prior to construction of any sanitary sewer facilities and shall be prepared in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) or in a form acceptable to the city attorney. Easements, which provide operation, maintenance and access rights to the city, shall be granted to the city and accepted at the discretion of the city council.

C. Sanitary sewers shall be connected to the city's wastewater collection system in a manner and at a location approved by the director. Unless otherwise permitted by the director all connections shall be made at the point of lowest elevation on the city sanitary sewer main or manhole abutting or fronting the affected property.

D. Design criteria and pipeline materials criteria acceptable for design purposes shall be provided by the public works department for sanitary sewerlines within the public right-of-way, and by the building department for sanitary sewerlines on private property.

E. No more than one lot, parcel or tract of land shall be served from one sanitary sewer. An exception may be granted by the director for the following circumstances:

1. Where one or more multifamily structures are located on a single parcel, under common ownership, the structures may share and be served by the same sanitary sewer lateral if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner.

2. Where one structure is constructed behind another and a direct connection to the city sanitary sewer main cannot be constructed, the existing sanitary sewer lateral for the front structure may be extended to the rear structure if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner. This condition, if approved, will require the recordation of an easement and maintenance agreement establishing authority and responsibility for the jointly used sections of the sanitary sewerline for both structures.

(1976 Code § 8-4.213; Ord. 740 § 3; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. The director of public works shall approve all designs for city sanitary sewer facilities before issuing an encroachment permit. Five sets of design documents shall be submitted to the director of public works for review and approval. The director of public works shall review and comment on submitted design documents within thirty calendar days of receipt of the documents.

B. The design engineer shall make all modifications, changes and revisions requested by the director of public works prior to any resubmittal of design documents previously reviewed by the director of public works. When all design documents meet the requirements of this chapter to the satisfaction of the director of public works, he/she will approve the design documents in writing within thirty calendar days of receipt of acceptable design documents. All design documents shall be marked "APPROVED" and shall indicate the date approved.

C. Upon approval of the design documents and payment of fees by the applicant, the director of public works shall issue an encroachment permit pursuant to MMC § 8.20.180. The design documents shall become the approved construction documents upon issuance of the permit. The director of public works shall return two sets of approved construction documents with the encroachment permit to the permittee. The permittee shall keep at least one copy of the plans at the construction site at all times. One plan set shall be retained for recordation of any changes or modifications made during construction. Any changes or modifications made to the construction documents as constructed shall receive prior written approval by the director of public works. Changes to the sanitary sewerline design will receive prior written approval from the building official. As a condition of final acceptance, or approval, of completed sanitary sewer facilities, the permittee shall submit one set of "as-built" construction documents to the director of public works for the public record. "As-built" construction documents shall show locations of all sanitary sewer facilities as actually installed in the field to the nearest 0.25 feet vertically and horizontally.

(1976 Code § 8-4.214; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. Construction of wastewater collection facilities shall be in accordance with the requirements of the city and construction documents approved by the director, this chapter and other applicable provisions of the Millbrae Municipal Code.

B. Any user constructing sanitary sewer facilities in the city shall comply with all state, county and city laws, ordinances, regulations and standards pertaining to construction practices. Where excavations over five feet are proposed, the applicant shall provide the director of public works with a copy of the approved trench excavation permit obtained from the local office of Cal-OSHA. The user undertaking construction shall pay all required fees for any permit required by government regulations.

C. Any user constructing sanitary sewer facilities shall provide adequate precaution to protect the public from potential injury resulting from any construction work. All excavations shall be adequately guarded with covers, barricades, cones, lights and warning tape to protect the public from hazards. Any public property including sidewalks, streets and landscaped areas shall be protected from damage. Any interference or damage to public property, or private property, shall be restored and repaired in a manner satisfactory to the director or private owner as appropriate.

D. Grade and line stakes shall be set by a registered civil engineer or land surveyor or an appropriate employee of either prior to the start of construction work on any wastewater collection system element. The contractor performing the work shall be responsible to accurately transfer established design grades and elevations to constructed work.

(1976 Code § 8-4.215; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. All construction work within the public right-of-way and PUE shall be inspected by the director of public works or by the director's designated representative. Work on private property shall be inspected by a city building inspector. All work shall be inspected by the contractor prior to requesting an inspection by the city. Upon request from the contractor, the construction inspector/building official, as appropriate, shall inspect the construction work for compliance with the approved construction documents. No construction work shall be covered or obscured before the construction inspector/building official has made inspection and approved the construction work.

B. The contractor shall comply with and submit all test reports, material submittals, certifications and schedules as required by the director and/or building official. Any materials or workmanship not meeting approved construction document requirements shall be immediately removed or corrected to their satisfaction.

C. Before acceptance of any construction work by the city, and prior to admission of any sewage into the city's wastewater collection system, the construction work shall be fully inspected, tested and approved by the building official for sanitary sewerlines on private property and by the director for sanitary sewerlines in the public right-of-way. The building official and/or director shall issue a signed and dated certificate of occupancy for the constructed sanitary sewer facilities, copies of which shall be provided to the contractor and property owner.

(1976 Code § 8-4.216; Amended by Ord. 720 § 1; Ord. 637 § 2)

Prior to the acceptance of any constructed sanitary sewer facilities, testing shall be performed and shall pass acceptance standards specified by the director and/or building official. These tests shall include as a minimum: low pressure air tests, and/or pressurized water leakage tests of all sanitary sewer pipelines, manholes and appurtenant structures.

(1976 Code § 8-4.217; Amended by Ord. 720 § 1; Ord. 637 § 2)