Millbrae Municipal Code Art. IV Maintenance Of Sanitary Sewers

As a general rule, the property owner at his/her expense shall maintain all sanitary sewer laterals, including, but not limited to, the building drain, sanitary sewer lateral to the cleanout wye connection or to the city sanitary sewer main as provided below, building cleanout, sidewalk cleanout frame and cover, backflow protection and backflow relief equipment. The property owner shall provide all maintenance of the sanitary sewer lateral, including the wye connection to a city sanitary sewer main, to ensure unobstructed flow of sewage from the property to the city sanitary sewer main. The property owner shall be responsible for clearing all obstructions in the sanitary sewer lateral immediately upon discovery or notification by the city. When clearing any obstructions in the sanitary sewer lateral or performing any maintenance to the sanitary sewer lateral, the property owner must install a temporary trap downstream of the sanitary sewer lateral to ensure any rootball, debris or other items dislodged from the sewer lateral do not flush into the city's sanitary sewer system.

The city may require property owners to remove roots from private laterals that are growing into lower lateral sewer lines in the sanitary sewer system owned by the city. Where this condition occurs, the city will promptly notify the private property owner. Within one hundred twenty days of receiving notification from the city, the private property owner shall remove the roots from the sanitary sewer lateral, and will make all necessary repairs to the sanitary sewer lateral to prevent a reoccurrence of root intrusion that reaches the city's lower lateral.

Any sanitary sewer lateral blockage that cannot be mitigated through implementation of reasonable measures by the property owner and/or a licensed professional sanitary sewer cleaning contractor shall be reported to the public works department immediately. The property owner shall reimburse the city for all reasonable costs, as determined by the director of public works, incurred by the city relative to any work or services rendered to remove a blockage or repair or otherwise work on a sewer line facility which is the responsibility of the property owner. The city shall only maintain the sanitary sewer lateral from the cleanout wye, inclusive of the cleanout wye, to the city sanitary sewer main under the following circumstances:

A. A cleanout is provided either in the sidewalk, or within two and one-half feet of the face of curb or edge of pavement where there is no sidewalk, or in a side or rear yard within two and one-half feet of the city main (see Illustration 1A at the end of this chapter)[1]; when the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the sanitary sewer lateral all the way to the city sanitary sewer main, including the wye connection at the main. The above maintenance responsibilities shall be conducted in full compliance with all applicable requirements contained in this chapter.

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

B. Prior to the city's acceptance of maintenance responsibility for that portion of a sanitary sewer lateral from a newly installed cleanout to the main, including the wye connection to the main, the property owner shall be responsible for having this section of lateral inspected internally by a closed circuit television camera and providing these results to the city for review. If the city determines that this section of the lateral is defective and does not meet city's requirements, the property owner shall be required to perform all repairs necessary to bring the condition of the lateral up to city standards. Property owner must obtain an encroachment permit from the city prior to performing any required repairs on the city's right-of-way. The city will accept maintenance responsibility for the section of the lateral from the new cleanout to the main only after both of the following conditions have been met: (1) the city has issued an encroachment permit for the required repairs in the city's right-of-way, and (2) all repair work is completed to the city's satisfaction.

C. Where a property owner, or tenant in the absence of action by the property owner, refuses to mitigate a condition that causes sewage to leak from the sanitary sewer lateral after discovery or notification by the city, or if action is not effective, the city has the option to either make the repairs itself or hire a licensed contractor, all at the owner's expense, to mitigate the condition. If payment is not made by the owner, the city may impose a property tax lien to recover all of its costs associated with repairing the leakage.

(1976 Code § 8-4.401; Ord. 738 § 2; Ord. 720 § 1; Amended by Ord. 707 § 2; Ord. 637 § 2)

A. All sanitary sewer laterals, cleanouts and sanitary sewer appurtenances which are found to contain leaks, breaks, uncapped cleanouts, down spouts or yard drains which discharge into the city's wastewater collection system, and any sources of accidental, negligent or intended introduction of storm water into the city's wastewater collection system are declared to be a violation of this chapter, and shall be abated by the property owner, who is required to remove or correct such improper sanitary sewer connections. The property owner shall have thirty days from the date of the city's notice of violation to obtain permits and make repairs unless public health and safety considerations require earlier action. If the work is not completed within this time frame, the city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payment is not made by the owner, the city may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection.

B. Where a sanitary sewer overflow has occurred in city's wastewater collection system as a result of a blockage, break or other issue in a sanitary sewer lateral, the property owner shall obtain permits and repair or replace the sanitary sewer lateral causing the sanitary sewer overflow within one hundred eighty days, unless:

1. The property owned by the property owner is undergoing an extensive remodel, in which case the repair and/or replacement of the sanitary sewer lateral shall occur no later than the new occupancy date for the building, or

2. The property owner claims financial hardship, in which case the city may conduct the repair or replacement.

If the work is not completed within this time frame, the city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payment is not made by the owner, the city may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection.

C. This chapter authorizes the director of public works to perform smoke testing on city sanitary sewer mains and sanitary sewer laterals for the purpose of determining the location(s) of leaks, breaks and improper sanitary sewer connections.

(1976 Code § 8-4.402; Ord. 738 § 2; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. A property's sanitary sewer lateral(s) shall be tested for inflow and infiltration and all necessary repairs or replacement work shall be completed by the owner and approved by the city prior to transfer of title whenever any property is to be transferred to or vested in any other person or entity and such property includes any buildings or structures constructed more than twenty years prior to the anticipated date of transfer of ownership. Normally such testing need not be considered in the following circumstances:

1. For a period of five years following a test which sanitary sewer lateral passed;

2. For a period of twenty years after acceptance, by the city, of work performed for replacement of the complete sanitary sewer lateral;

B. The director of public works shall establish or approve testing procedures. Testing will be the owner's responsibility.

C. At such time as the consent decree entered into between the city of Millbrae and San Francisco Baykeeper, approved November 15, 2010, is no longer in effect, which shall occur on November 14, 2016, unless the consent decree is extended, then the implementation of the testing and repair requirements by a property owner set forth in this section shall be at the discretion of the city, as long as such discretion is exercised in a manner to ensure compliance with all federal and state claims and requirements regarding the city's municipal sewer system.

(1976 Code § 8-4.403; Ord. 738 § 2; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. For any project requiring a building permit where plumbing fixtures are added to the property, and/or more than twenty-five percent of the building area is being remodeled, altered or enlarged, the project applicant or property owner shall inspect all sanitary sewer laterals on the property for defects and satisfy the requirements in this section before a building permit is issued.

B. Sanitary sewer laterals are to be inspected by property owners, and their condition evaluated by the city, according to the process set forth below.

1. The inspection must be conducted by a licensed plumber or sewer contractor using a closed circuit television camera, or CCTV, to adequately evaluate the internal condition of the sewer lateral.

2. Upon completion of the inspection, the person conducting the inspection shall provide a copy of the video of the inspection to the city for viewing and evaluation by the city.

3. The city shall evaluate the video for defects including blockages, structural defects, illicit connections, open joints, appropriate cleanouts, materials that do not have a remaining design life of twenty-five years, missing sewer relief valves and sewer backwater valves.

4. A sewer lateral shall be considered in compliance with the provisions of this chapter, and a building permit will be issued, if the video of the inspection verifies all of the following conditions, to the satisfaction of the city:

a. The sewer lateral is free of roots, deposits of FOG, or other solids which may impede or obstruct the flow of sewage.

b. There are no illicit or illegal connections to the sewer lateral which would cause inflow, such as roof leaders or yard drains.

c. All joints in the sewer lateral are tight and sound to prevent the exfiltration of sewage or the infiltration of groundwater.

d. The sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.

e. The sewer lateral is equipped with cleanouts.

f. The sewer lateral is constructed of materials with a remaining design life of at least twenty-five years.

g. A sewer relief valve is installed.

h. A sewer backwater valve is installed.

5. Any defects in the sewer lateral that cause the sewer lateral to fail the inspection must be repaired or replaced within ninety days of the date the city determines that a defect exists. Proof of the repair or replacement as directed by the city must be provided to the city before a building permit will be issued.

(Ord. 738 § 2)

A. Sidewalk cleanout construction details and material specifications shall conform to the current edition of the city specifications and standard plans for public works construction, a copy of which is available for viewing at the public works office or on city's website. Cleanouts, if not existing, shall be installed at the owner's expense under any of the conditions listed below:

1. All new construction;

2. On remodels where plumbing fixtures are added to the property, and/or more than twenty-five percent of the building area is being remodeled;

3. When any replacement or repair is performed on the sanitary sewer lateral;

4. Whenever backflow protection and/or relief device is installed;

5. When a property has been damaged by the blockage of the city sanitary sewer main;

6. On all structures where a pump is used to lift sewage to the sanitary sewer lateral and city sanitary sewer main or on structures where the elevation of any floor is at or below the invert of the city sanitary sewer main, or where a condition may exist where a plug in the city sanitary sewer main will cause the hydraulic grade line to rise above the lowest floor level.

B. Failure of the owner to install a sanitary sewer cleanout for or as a result of any of the above conditions shall relieve the city of any and all responsibilities for any and all subsequent damage caused by sanitary sewer overflows.

(Formerly 8.20.460; 1976 Code § 8-4.404; Amended by Ord. 738 § 2; Ord. 720 § 1)

A. Backflow protection and relief device installation details and material specifications shall conform to the current edition of the city specifications and standard plans for public works construction. Backflow protection and relief devices shall be installed and maintained at the property owner's expense under any of the conditions listed below:

1. All new construction;

2. On remodels where plumbing fixtures are added to the property, and/or more than twenty-five percent of the structure area is being remodeled;

3. When any replacement or repair is made to the sanitary sewer lateral;

4. When property has been damaged by the blockage of the city sanitary sewer main;

5. On all structures where a pump is used to lift sewage to the sanitary sewer lateral and city sanitary sewer main. The backflow relief device shall be located to protect the structure from damage in the event the pump is pumping against a closed backflow prevention device;

6. Buildings where the elevation of any floor is at or below the invert of the city sanitary sewer main, or where a condition may exist where a plug in the city sanitary sewer main will cause the hydraulic grade line to rise above the lowest floor level.

B. Failure of the owner to install a backflow prevention device for or as a result of any of the above conditions shall relieve the city of any and all responsibilities for any and all subsequent damage caused by sanitary sewer overflows.

(Formerly 8.20.470; 1976 Code § 8-4.405; Ord. 738 § 2; Amended by Ord. 720 § 1; Ord. 637 § 2)

No user shall discharge or cause to be discharged to a public sanitary sewer any waste that creates a stoppage, plugging, breakage, reduction in sanitary sewer capacity or any other damage to sanitary sewers or sewerage facilities of the city. Any such condition is deemed a nuisance and the city may invoke any of the remedies in Chapter 6.25 MMC or any other chapter or provision of this code.

(Formerly 8.20.480; 1976 Code § 8-4.406; Ord. 738 § 2; Amended by Ord. 720 § 1; Ord. 637 § 2)

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Code reviser's note: Ord. 738 numbered this section as MMC § 8.20.490. It has been editorially renumbered to avoid duplication of numbering.