Piedmont Municipal Code Div. 8.12 Sanitary Sewers

Sections: 8.12.010 Definitions 8.12.020 Building sewer lateral required 8.12.030 Limitations; Prohibited discharges 8.12.040 Sewer permit 8.12.050 Construction standards, design and materials 8.12.060 Abandonment of existing building sewers 8.12.070 Maintenance and required inspection 8.12.080 Time for compliance; Emergency work; Right of entry; Order to abate 8.12.090 Adoption of EBMUD Regional PSL Ordinance 8.12.100 Enforcement

Unless otherwise defined in this division, terms used in this division shall be the terms used in the EBMUD Regional PSL Ordinance. If not defined in the EBMUD Regional PSL Ordinance or otherwise defined in this section, terms used in this division shall have the meaning are as defined in the latest editions of 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.

In this division:

APWA means the American Public Works Association

ASTM: shall refer to the American Society for Testing and Materials.

Cleanout means a pipe fitting and associated piping connected to a Private Sewer Lateral that provides access to the Private Sewer Lateral for purposes of flushing, rodding, cleaning, and other maintenance and diagnostic purposes.

Compliance certificate means a certificate issued by the District upon its determination that all Private Sewer Laterals associated with a parcel have demonstrated compliance with applicable standards by passing a Verification Test.

Director means the Director of Public Works or the Director’s authorized representative.

EBMUD or DISTRICT means the East Bay Municipal Utility District, Special District No. 1.

Chapter 8 – Building, Construction, and Fire Prevention EBMUD Regional PSL Ordinance means the Regional Private Sewer Lateral Ordinance as adopted by EBMUD under Ordinance No. 359-13 and subsequently amended by Ordinance No. 362-14 and 369-19, and as may be subsequently amended from time to time.

Notice of violation means a written notice from the city specifying that a building sewer lateral is not in compliance with this division.

Plumbing code means the latest adopted edition of the California Plumbing Code. (See division 8.02.)

Public sewer means the publicly-owned collection system that carries sewage and liquid waste from building sewer laterals to the wastewater treatment facilities.

Repair means a spot mending of an existing building sewer lateral to address a specific section of pipe that is not in compliance with this division.

Replacement means that entirely new underground pipes, fittings, joint connections, clean-outs, caps, and other required components of the new building sewer lateral.
Complete lining of an existing building sewer lateral in conformance with this division is considered a replacement.

Sanitary sewer system means the entire wastewater collection system including public sewers and building sewer laterals.

Sewer lateral means and includes:

Building sewer lateral means the section of sewer pipe that carries sewage and liquid waste from a point two feet from the building or structure served, up to and including the connection to the public sewer. The building sewer lateral includes the upper and lower sewer lateral. (It is the sole responsibility of the property owner. See section 8.12.070.)

Lower sewer lateral means the portion of the Private Sewer Lateral extending from the Cleanout near the curb line to the Sewer Main, or from the curb line in the street to the Sewer Main if there is no Cleanout near the curb line. The Lower Sewer Lateral includes the connection to the Sewer Main. A Lower Sewer Lateral is associated with a parcel if it, or any portion of it, is located upon the parcel or conveys sewage and liquid waste from any Structure located on that parcel. More than one Lower Sewer Lateral may be associated with an individual parcel.

Upper sewer lateral means 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,

Chapter 8 – Building, Construction, and Fire Prevention including the connection to the sewer main, is considered the building sewer lateral.

Sewer main means the publicly-owned sanitary sewer piping system.

Standard details means the latest version of the City of Piedmont Public Works Standard Details as adopted by the City Council.

Verification test means a specific on-site testing of the building sewer lateral established by EBMUD to assure compliance with the EBMUD Regional PSL Ordinance and this division.

Wastewater means the sewage, industrial and other waste and waters, whether treated or untreated, discharged into or permitted to enter a sanitary sewer system.

A. Building sewer lateral required. Each building in which plumbing fixtures are installed and every premises having plumbing that collects wastewater must have a connection to the public sewer in conformance with this division.

B. No direct discharges to public sewers. No person may discharge a substance directly to a manhole, cleanout or other opening in a public sewer other than through an approved building sewer lateral, except with the Director’s written approval.

C.
Two-way cleanout required. In addition to the required building sewer lateral, the property owner is responsible for the installation of a two-way cleanout in the building sewer lateral between the upper and lower lateral in a location approved by the Director. The cleanout must be a double-wye conforming to the city’s standard details.

A. Limitations.

Use of the sanitary sewer system is limited to the discharge of sewage and/or industrial wastes in such a quantity and quality as will not endanger the condition, operation or capacity of the sanitary sewer system and the wastewater treatment facilities.

No person may discharge, deposit, or throw into a building sewer lateral or the sanitary sewer system a substance or object that may cause an obstruction or damage to the sewer system, or that may cause a nuisance or hazard, or which will in any manner obstruct the efficient operation or maintenance of the sewer collection system or the wastewater treatment facilities.

Chapter 8 – Building, Construction, and Fire Prevention 3.
It is unlawful for a person to discharge stormwater, surface water, groundwater (including irrigation wells or private wells), roof runoff or subsurface drainage (including discharge from any sump pump) into a building sewer lateral or public sewer.

B. Prohibited discharges. No person may discharge any of the following waters or waste into a building sewer lateral or the sanitary sewer system:

A discharge that does not meet all requirements set by the City and the District. No one required by the City or the District to have a waste discharge permit may discharge to a building sewer lateral or public sewer without a valid permit.

Industrial process water.

Gasoline, benzene, naphtha, fuel oil, motor oil, or other flammable or explosive liquid, solid, or gas.

Water or waste which contains fats, oils, or grease in excess of those standards established by EBMUD.

Garbage, except garbage from a dwellings or establishment where food is prepared and consumed on the premises, and which has been ground to such a degree that all particles will be carried freely under the flow conditions prevailing in the public sewers. No particle may be greater than 3/8-inch in any dimension.

Sand, cement, concrete, lime, plaster, cinders, ashes, metal, glass or other heavy solid; straw, shavings, animal hair, feathers, paunch manure or other fibrous matter; tar, asphalt, resins, plastics or other viscous substance; or any other matter of such a nature as to obstruct the flow in sewers or cause other interference with the proper operation of the sewer system.

Waters or wastes containing excessive amounts of acid, alkali, or dissolved sulfide, or having any other corrosive property capable of causing damage or hazard to sanitary sewer system structures, equipment or personnel.

Waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with the operation and maintenance of the sanitary sewer system.

Waters or wastes containing more than 500 milligrams per liter of suspended solids.

Noxious or malodorous gas or substance capable of creating a public nuisance.

Chapter 8 – Building, Construction, and Fire Prevention 11. Radioactive wastes, regulated PCBs, materials regulated by Toxic Substances Control Act, or hazardous waste as defined by Section 25117 of the California Health and Safety Code or by any other federal, state, or local statute or regulation.

Waste having more than 1 milligram per liter of sulfides.

Waste having a pH of less than 5.5 or more than 10.5.

Material that obstructs or prevents the effective maintenance or normal operation of the building sewer lateral or sewer main.

Septic tanks and cesspools are prohibited notwithstanding any statement in the Plumbing Code to the contrary.

Any hazardous waste as defined by EBMUD.

C. Special agreements. An individual or industrial concern discharging water or waster of unusual strength, character, composition or volume into the sanitary sewer system may apply for a contract permitting the discharge. If the discharge will cause additional or extraordinary expense to the City or District, the individual or industrial concern is required to reimburse the City or District in an amount as determined by the Director.

D. Sampling structures. The Director has the right to require a property owner to construct and maintain, at their own expense, a sampling structure in an accessible location for the purpose of sampling and determining the flow of sewage or industrial wastes through their building sewer lateral. If the accessible location is outside of the public right-of-way or public easement, the property owner shall provide an easement to the City allowing City personnel access to the sampling structure. The property owner must have the design of the structure completed by a licensed engineer and approved by the Director prior to construction.

A. Permit required. The property owner must obtain a written sewer permit from the Director before construction, repair, or abandonment of a building sewer lateral. A permit is not required for the clearance of sewer stoppages in a privately-owned building sewer lateral. If the construction or replacement of a building sewer lateral is within the city right-of-way or existing public easement, the property owner must obtain an encroachment permit from the city.

B. Permit application. The applicant or applicant's representative must apply in person for the permit. The application must include:

Chapter 8 – Building, Construction, and Fire Prevention 1. Site plan. Site plan showing the proposed location of the building sewer lateral including location of the connection to the public sewer and of all clean outs on the building sewer lateral.

Materials. List of materials that will be used to construct the building sewer lateral.

Business license. Verification that the contractor has an active city business license.

Payment. Payment of sewer permit fees as follows:

a. For a new sewer connection and inspection, the applicant must pay the current new sewer connection fee as established by City Council resolution.

b.
For replacement or repair of a building sewer lateral and inspection, the permit fee must be in accordance with the city building permit fees as established by City Council resolution.

c. If work will be performed in the public right-of-way, the applicant must also obtain an encroachment permit, including the payment of the permit fee and the posting of security, as required under chapter 18 (Use of Public Right of Way).

C. Permit issuance. The signed permit constitutes permission to do the work. The permit is void if the work is not begun and completed within the period specified on the permit, unless an extension of time is granted in writing by the Director. A permit is not transferable.

D. Notice of commencement of work. At least 48 hours before the work is started, the permittee must notify the Director and Underground Service Alert (USA), as required by law. The permittee must give similar notice to the Police Department, Fire Department, and utility companies, if required on the permit.

E. Revocation. The Director may revoke a building sewer lateral permit for non- compliance with an applicable law or regulation.

F. Final inspection. Unless otherwise deemed an exception by this division, the city will not grant a final inspection under a building permit if the property that is subject to this division and the EBMUD Regional PSL Ordinance does not have an EBMUD compliance certificate filed with the city.

Chapter 8 – Building, Construction, and Fire Prevention

A. Standards. The construction standards and methods must comply with the city’s standard details, the California Plumbing Code, applicable standards of the American Society for Testing and Materials, and the current edition of the EBMUD Regional PSL Ordinance. The Director is responsible for resolving possible conflicts between any of these standards.

B. Design.

The building sewer lateral design, including but not limited to the size, slope, and alignment, the method of excavation, placing of the pipe, testing of the building sewer lateral and the backfilling the trench must be in conformance with this division, the California Plumbing Code, and the EBMUD Regional PSL Ordinance. The connection joints must be watertight and free of defects and must conform to the standards set forth in ASTM D 3212. The gaskets must conform to the standard set forth in ASTM F477.

A new connection of a new building sewer lateral to the sewer main, or a connection of a new building sewer lateral to an existing fitting at the sewer main, must be inspected by the Director or the Director’s designee before the actual connection construction, to verify the proper design, materials, and methods, which must be in compliance with this division. An unauthorized or non- conforming connection to the sewer main can only be repaired by the city. The cost of repairing an unauthorized or non-conforming connection to the sewer main is the responsibility of the property owner served by the connection.

Whenever possible, the building sewer lateral must be brought to the building at an elevation below the crawl space or basement floor. Within a building where an interior building sewage drain is below the building sewer lateral such that proper flow via gravity as specified by this division cannot be achieved, this sanitary sewage can be discharged by means of an approved mechanical sewage pump facility and discharged into the building sewer system. The design of the pumping system must be in accordance with this division, other applicable regulations, and receive approval from the Public Works Director and City Engineer.

C. Materials. The materials used in the construction, repair, or replacement of a building sewer lateral must be in conformance with the city’s standard details, the California Plumbing Code, and applicable standard of the American Society for Testing and Materials.

D. Measurements, tests, and analyses. The measurements, tests, and analyses of the characteristics of waters, wastewaters and their conveyance to which reference is made in this division will be determined in accordance with the EBMUD Regional PSL Ordinance, and the latest editions of the California Plumbing Code and the Standard

Chapter 8 – Building, Construction, and Fire Prevention Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association and the American Water Works Association.

An existing building sewer lateral, or its connection, which is to be abandoned must be removed or sealed with a permanent, watertight plug at the connection to the public sewer in a manner satisfactory to the Director. All other openings of the abandoned building sewer lateral including plumbing connections, clean outs, rat holes, etc. must be similarly sealed.

A. Responsibility. It is the property owner’s responsibility to perform the required maintenance, repairs and inspections to keep the building sewer lateral in the condition required under subsection B.1 below.

B. Required maintenance. The property owner must maintain the building sewer lateral to meet the following minimum requirements:

The building sewer lateral must be kept free from roots, grease deposits, and other solids which may impede the flow or obstruct the transmission of waste.

The joints must be tight and all pipes must be sound to prevent exfiltration of waste or infiltration of groundwater or stormwater.

The building sewer lateral pipe must be free of structural defects, cracks, breaks, openings, rat holes or missing portions and the grade must be uniform without sags or offsets.

No area drains, foundation drains, roof leaders, sump pumps or other direct connections that allow stormwater or groundwater into the building sewer lateral are allowed.

The building sewer lateral must have a two-way cleanout located approximately at the property line or, in the case where the building sewer is all within private property, in a location approved by the Director. All cleanouts must be securely capped with an approved cap, except during maintenance activities.

The building sewer lateral must be free of material that obstructs or prevents the effective maintenance or normal operation of the building sewer lateral or the sewer main.

Each property owner and food service operator is required to control the discharge of fats, oils, and grease (FOG) into the sanitary sewer system from their property or food service establishment, and not cause or contribute to FOG-

Chapter 8 – Building, Construction, and Fire Prevention related sanitary sewer overflows, blockages, or increased maintenance in the sanitary sewer systems according to the current standards established by EBMUD and the city.

The Director will determine the criteria and acceptable methods of evaluating building sewers to ensure compliance with the above requirements.

C. Required inspections, replacement and compliance certificate.

Owner responsibilities. When one or more of the following triggering events occurs, it is the property owner’s responsibility to perform the required inspections of their building sewer lateral, obtain the required sewer permit, perform the required construction, schedule and pass the EBMUD Verification Test, obtain and file with the city, an EBMUD compliance certificate, and obtain a final inspection from the city for the building sewer lateral:

a. Sale or other transfer of title. Before the sale or title transfer of real property or the fee interest in that real property. The following are not be considered a “title transfer” for purposes of this division:

i. sale or transfer of a partial interest, including a leasehold.

ii. transfer to a beneficiary by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust.

iii. transfer from one co-owner or cotenant to one or more other co-owners or cotenants, or from one or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors.

iv. transfer made by a trustor to fund a living trust.

v. transfer made to a spouse, to a registered domestic partner as defined in California Family Code section 297, or to a person(s) or persons in the lineal line of co-sanguinity of one or more of the transferors.

vi. transfer between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation, or from a property settlement agreement incidental to a decree.

vii. a transfer from an owner to a financial institution as a result of a foreclosure or similar process, provided that a transfer from a financial institution to a new owner is a title transfer.

Chapter 8 – Building, Construction, and Fire Prevention

viii. transfer in either direction between a business entity and an individual or corporation who or which owns shares or equity securities possessing more than 50 percent of the voting power of the business entity.

b.
Construction and remodeling. Whenever a property owner or authorized agent applies for a building permit for any type of construction that exceeds $100,000 in construction cost.

c. Change in water service size. Whenever a property owner or authorized agent applies to EBMUD to increase or decrease the size of the property’s water meter.

d. Notice of violation. Whenever a property owner or authorized agent has received a written communication or notice of violation from the city regarding the condition of the building sewer lateral (based on the city’s observations or on testing conducted by the city or its authorized representative).

e. Where Required under EBMUD Regional PSL Ordinance. Upon the occurrence of any triggering event, as defined in the EBMUD Regional PSL Ordinance.

Responsibilities of individually owned units in a multi-unit building. The homeowners’ association, or the responsible party for this type of multi-unit building, is responsible for compliance for all individually-owned units within a multi-unit building. Responsibility for compliance shall be determined in accordance with Section 11 of the EBMUD Regional PSL Ordinance. The responsible party shall:

a. authorize the required inspection(s) to determine if the building sewer lateral(s) serving the property are in compliance with this division and the EBMUD Regional PSL Ordinance, as determined by the Director.

b. if the Director requires repair or replacement, obtain the required sewer permit, perform the work, and obtain the required inspections as specified by this division.

c.
obtain an EBMUD compliance certificate as specified in the EBMUD Regional PSL Ordinance, and a final inspection from the city.

Exceptions. a. A property owner may request an exemption from EBMUD as set forth in the EBMUD Regional PSL Ordinance.

Chapter 8 – Building, Construction, and Fire Prevention b. If at the time of repair or replacement of a building sewer lateral, there is a city action in place that would prevent the repair or replacement of the lower sewer lateral in compliance with this division, the city may temporarily waive the requirements of this division for the lower sewer lateral. In that case, a compliance certificate is only required for the upper sewer lateral. Upon conclusion of the city action, the city will rescind the waiver and issue a notice to proceed to the affected property owner, now directing them to complete the repair or replacement of the lower sewer lateral within a specific time limit. If the property owner fails to obtain a valid compliance certificate for the lower sewer lateral in a timely manner and to otherwise not comply with the terms in the notice to proceed constitutes a violation of this division. The property owner would then be subject to city enforcement under section 8.12.100.

A notice to proceed is a written notice specifying that: (i) the temporary city action preventing the repair or replacement of any part of the building sewer lateral is lifted; and (2) the property owner must proceed with the repair or replacement of that part of the building sewer lateral so that is it completed; and (3) the appropriate compliance certificate be obtained within the specified time limit set by the Director.

abate.

A. Time for compliance. It is the property owner’s responsibility to comply with the time limits established by the Director for any work related to this division. The time limit for compliance will be specified in the first written communication and/or notice of violation. Non-compliance in excess of the time limits may be deemed a violation of this division and subject the property owner to enforcement action, including cost recovery and administrative penalties under section 8.12.100.

B. Emergency work.

Nothing in this Code prevents a person from doing work and making excavations as are reasonably necessary for the preservation of life or property when necessity arises. However, the person doing the work or excavations must obtain a sewer permit on the next working day.

Upon notification by the city of a faulty building sewer lateral which has been deemed an emergency situation by the Director, the property owner must repair or replace the faulty building sewer lateral within 48 hours from the date of notification, verbal or written. If the property owner fails to comply with the order, the city is authorized to make or have made the necessary repairs and recover the costs.

Chapter 8 – Building, Construction, and Fire Prevention 3. Whenever, in the opinion of the Director, the public health, safety, or welfare requires that repairs or protective measures to a building sewer lateral be made or instituted immediately, the Director is authorized to proceed with the necessary work to abate the condition and may enter upon private property for this purpose. The Director may erect and maintain necessary barricades, warning lights, and other protective devices on public or private property. He or she will notify the property owner as the circumstances permit. The property owner and the person creating the condition are jointly and severally liable to the city for the costs incurred abating the emergency condition and erecting and maintaining the protective devices.

C. Right of entry. The Director may enter, inspect, and test a building, structure, or premises to secure compliance or prevent a violation of this division. No premises may be entered until a reasonable notice is given to the property owner or authorized agent except to protect life or public safety.

D. Order to abate. The Director will investigate dangerous and unsanitary conditions existing in or about building sewers laterals and periodically require that building sewer laterals be tested. If a condition poses a menace to life, health, safety, or property, or is in violation of law, the Director will, in writing, order the property owner to discontinue use of the sewer, or to discontinue all construction work with respect to the sewer, and to abate the condition in a manner that complies with this division. Any stoppage in the building sewer lateral or break in the watertight integrity of the building sewer lateral is conclusively presumed to be a menace to life, health, safety or property for purposes of requiring abatement of the condition.

The EBMUD Regional PSL Ordinance, is hereby adopted by reference. One copy of the EBMUD Regional PSL Ordinance shall be kept on file at the Department of Public Works.

A. Cost recovery. Violations of this division shall be deemed a public nuisance, and subject to abatement by the City. The city shall have the authority to recover from the property owner the city’s expenses incurred in responding to, abating, or repairing a sewer overflow from a defective building sewer not otherwise addressed by the property owner in a timely manner. The city may collect the incurred costs by use of all legal means, including the recordation of a lien against the property under Chapter 6 of the City Code.

B. Administrative penalties. The city has the authority to assess administrative penalties on the property for the property owner’s failure to meet a requirement of this division, or for continued violation of a requirement of this division, according to the following schedule. The city may collect the incurred costs by use of all legal means,

Chapter 8 – Building, Construction, and Fire Prevention including the recordation of a lien against the property. The city has the authority to waive, suspend, or otherwise modify an administrative penalty established by this division.

$500 for the first violation which remains out of compliance in excess of the time limit established in the first notice of violation.

$1,000 for the second violation occurring within three years of the first violation.

$2,500 for each additional violation exceeding two violations within three years of the first violation.

Chapter 8 – Building, Construction, and Fire Prevention