Montague Municipal Code Ch. 13.22 Sewer Installation and Maintenance Costs; System Responsibility

Sections:

• 13.22.010 Definitions.

• 13.22.020 Installation and Maintenance Costs; System Responsibility.

• 13.22.030 Cleanouts.

• 13.22.040 Plumbing Too Low.

• 13.22.050 Separate Laterals.

• 13.22.060 Maintenance and Operations of Private Sewer Disposal Systems and Private Laterals.

• 13.22.070 Responsibility for Costs of Repair of Public Sewer Damage.

• 13.22.080 Testing New Sewer Laterals.

• 13.22.090 Testing Existing Sewer Laterals Conditions Requiring Cleaning and Inspections.

The following definitions apply under the provisions of this chapter:

A. Building wastewater pipelines. The building wastewater pipelines are those black or grey water pipes installed within the walls of a building or structure that connect to the building drain. Building wastewater pipelines may include interior sump systems, grease traps or other appurtenances.

B. Building Drain. The building drain is that part of the lowest wastewater piping which receives the discharge from drain pipes inside the walls of a building or structure and conveys it to the private lateral (generally connecting within two feet of the building wall).

C. Private sewer disposal system. The pipelines and points of connection of a building drain to a grease interceptor, and individual sewage disposal system (septic system), holding tank or other private point of disposal unaffiliated with the public sewer comprises a private sewer disposal system.

D. Private lateral(s). Shall mean that part of the generally horizontal piping of a drainage system which extends from the end of the building drain and which receives the wastewater discharge from the structure and conveys it to a public sewer or other on-site individual sewage disposal system (septic system). The private lateral begins at the building drain and extends to the property line connection with the public sewer. Private laterals may include privately owned pipelines, sump systems, interceptors or other appurtenances within private street or private property common areas that are not dedicated to or owned by the city. Private laterals may also begin at the building drain and extend to a private sewer disposal system.

E. Public sewer. A public sewer is the sewer collection system owned by the city lying within limits of public streets, roads, easements, reserves, easements or other public rights-of-way. That portion of the private lateral that may lie within any public street or right-of-way is a public sewer owned by the city. Public sewer facilities owned and maintained by the city, including facilities designed and constructed by the city and facilities that have been dedicated and accepted by the city. Private Sewer Facilities constructed for dedication to the city do not become public sewers until they have been accepted by the city.

F. Design and construction of building drains and private laterals connecting to the public sewer. No person shall connect a drain line, wastewater pipeline, building drain, private lateral or private sewer disposal system to any public sewer without the submission of required plans, reviewed and accepted by the city whether by permit, license or otherwise, including the payment of applicable fees and connection charges; and unless the location and method of construction have been approved by the Public Works Supervisor or city. (Ord. 13-03, 2013)

All costs and expenses incident to the installation, connection, repair, maintenance, renovation, replacement, disconnection, reconnection or relocation of a private sewer disposal system, building drain or private lateral, including cleanouts, backflow protection devices, pumps or other appurtenances (collectively “installation and maintenance”), shall be borne by the property owner and person causing the connection to be made, including but not limited to the costs of application, plan submittal, plan check, connection fees or any charge of city related to the installation.

In no event shall the city be responsible by reason of approval of plans, issuance of licenses or permits, or allowance of connection to the public system for any harm, cost, loss or damage which may be occasioned by the installation or maintenance of the building drain or private lateral and the same shall be borne by the property owner or the person causing the connection to be made. (Ord. 13-03, 2013)

In proximity to the building drain or at a point along the private lateral a cleanout should be provided either at the time of building construction or in the event of a plumbing system remodeling. Generally, acceptable clean outs are installed within five feet of the building foundation and also at the property line. All cleanouts shall conform to applicable local plumbing codes and the city's Standard Specifications. (Ord. 13-03, 2013)

In all buildings in which there are plumbing fixtures at an elevation too low to permit drainage by gravity from the fixtures to the public sewer, the wastewater from the building shall be lifted and discharged to the private lateral by pumps or other appurtenances which shall be the responsibility of the property owner.

Private pump stations are disfavored design options that are only allowed where there is a showing of unusual circumstances, such as technical infeasibility or significant hardship. The Public Works Supervisor must also find that they will not pose an unacceptable risk to the public sewer system. Supplemental permit conditions for privately owned pump stations shall require a formal agreement between Owner and the city. (Ord. 13-03, 2013)

Each newly constructed separate building (and/or significant remodeling of a separate structure), shall be connected to the city's public sewer with a separate private lateral.

A. Multiple Existing Buildings Under Common Ownership. One or more existing buildings located on property owned by the same person may be serviced by the same private lateral if the city determines that it is unlikely that ownership of the property can or will be divided in the future. However, if for any reason the ownership of the property is subsequently divided, each building under separate ownership shall be provided with a separate private lateral, and thereafter it shall be unlawful for any person to continue to use or maintain a common private lateral. The cost to install the separate private laterals shall be the responsibility of the property owner whose property it serves.

B. Residential Occupancies With Common Walls. Existing single-family residential units with common walls, condominiums, stock cooperatives, community apartments or other similar improvements which entitle owners of interest therein to occupy independent ownership interests and make joint use of utility and other services which may be provided by facilities owned in common may upon issuance of a Permit by the city authorizing such common use, be permitted to continue the use of a common private lateral.

C. Common Interest Developments. The homeowners association of a Common Interest Development shall, along with the Owner, be jointly and severally liable for duties and obligations imposed by this Chapter of the City Ordinance code in relation to any private lateral located within a common area of the development. If no homeowners association exists, then the individual unit owners, both jointly and individually, shall be liable for the duties and obligations with respect to private laterals established by the Common Interest development.

D. Supplemental Sewer Service Permit. Multi-unit sewer laterals require a Supplemental Sewer Service Permit. Supplemental permit conditions for private multi-unit sewer service laterals shall require a formal agreement between Owner and the city. The agreement(s) shall be recorded by Owner against, and shall be an obligation running with the property. The agreement(s) shall include requirements for Owner and all future owners of all, or any portion of, the property to be solely liable and responsible for compliance with the city Standard Specifications regarding design, construction, operation, maintenance, repair, and replacement of the privately owned sewer facilities. Owner shall comply with the city Standard Specifications and shall submit such design packages to the city for review, approval, and for record purposes. The city shall have no obligation whatsoever to design, construct, operate, maintain, repair, or replace any aspect of privately owned sewer facilities. Each such agreement will be subject to the requirements, review, and approval of City Engineer or Public Works Supervisor. (Ord. 13-03, 2013)

It is the responsibility of the property owner to maintain the private lateral up to and including its connection at the property line.

The operation and condition of private laterals, their cleanouts and any other wastewater facilities required, to serve a connector's building, shall be the responsibility of the property owner, who shall keep them in good operating condition at all times and shall undertake all necessary repairs, including replacement of dilapidated and worn out components, at the property owner's expense and at no cost to the city. All repairs to and replacements of private laterals or other private sewer disposal systems shall be performed in accordance with the City's Standard Specifications.

Property owners shall maintain a private lateral in a manner that prevents sanitary sewer overflows and sewer spills. Failure of a property owner(s) to abate any condition that is causing sanitary sewer overflow within thirty business days of receiving a notice from the city is hereby declared to be a violation of the City Ordinances and Regulations and may be subject to abatement or other remedies per California Government Code Section 38773.1.

A. Passing on RWQCB penalties. Property owners responsible for the cause of a sanitary sewer overflow shall reimburse the city for any civil penalty imposed on the city by the Regional Water Quality Control Board (RWQCB) as the result of such overflow. To secure such payment the city shall have a nuisance abatement lien pursuant to the California Government Code Section 38773.1. Prior to recordation of the lien the city shall provide written notice to the owner of record of the subject property, based on the last equalized assessment roll or supplemental roll, whichever is more current.

B. Agency right of entry. It shall be a condition of continuing use and connection to the public sewer that the owner of a private lateral allow the inspection and verification of the condition of the private lateral or check for illegal connections, down spouts, etc. (from the point of the exterior building drain or cleanout to the public sewer connection) and/or monitoring the constituents of the wastewater discharge entering the public sewer in the event that the city has a reasonable belief that the manner of connection to the public sewer, the wastewater flow from the private property, or the condition of the private lateral is such that the public sewer will be damaged, rendered inoperable, or caused to spill because of the private property condition or use.

C. Passing back repair costs done to abate nuisance. The owner shall promptly reimburse the city for its costs incurred in undertaking such work and to secure such payment the city shall have a nuisance abatement lien pursuant to Section 38773.1 of the California Government Code. Prior to recordation of the lien the city shall provide written notice to the owner of record of the subject property, based on the last equalized assessment roll or supplemental roll, whichever is more current.

D. Owner is responsible for costs. In the event that the private lateral or any portion thereof to the property line and including the point of connection to the public sewer of the city has become damaged or deteriorated such that its proper operation requires replacement or repair, then the same shall be conducted at the cost and expense of the property owner(s). (Ord. 13-03, 2013)

Any property owner served by the City Sewer Collection System shall be responsible and liable for all costs involved in the repair of all damages to the City's Public Sewer System caused by the property owner or the property owner's tenants or agents. That person shall defend, indemnify, and hold the city, the City Council, City Staff, City Representatives, and City Agents harmless from any costs, liability, loss or damage that may be incurred or occasioned by the installation or maintenance of the building drain or private lateral.

It shall be unlawful for any owner of the house, building, or property connected to a city public sewer to maintain a building drain or private lateral in a condition that prevents or impedes the cleaning or inspection of the public sewer. (Ord. 13-03, 2013)

All new private laterals shall be inspected in accordance with the requirements of the city. The method of testing shall be at the discretion of the city and inspected by the Public Works Supervisor.

The test section shall be through the full length of the private lateral from the connection to the public sewer to the cleanout location adjacent to the building footprint. The air or water test of new private laterals shall conform to the testing requirements of the City's Standard Specifications. (Ord. 13-03, 2013)

As a condition of continuing use, the city may require that a private lateral, including those serving residential, multiple residential and commercial properties, connected to a city public sewer shall be cleaned and inspected, at the property owner's expense, when any of the following conditions occur or at the following times:

1. The installation of additional plumbing facilities that produce a material increase, in the judgment of the city, in sewage flow from the house, building or property served;

2. A change of use of the house, building or property served from residential to business, commercial, or nonresidential; or from nonresidential/non-restaurant/nonindustrial to restaurant or industrial uses such as carwashes, cleaners and laundries;

3. Upon repair or replacement of a significant portion of the private lateral;

4. Upon a determination of the city, that the cleaning, testing or repair is required for the protection of the public health, safety and welfare. (Ord. 13-03, 2013)