Placerville Municipal Code Ch. 17 Private Sewer Laterals and Systems

This Ordinance shall be known and may be cited as the “Private Sewer Laterals Ordinance.” (Ord. 1712, 12-12-2023)

The purpose of this Ordinance is to provide for the operation and maintenance of the City’s wastewater conveyance and treatment facilities in a reliable and serviceable manner and to reduce infiltration and inflow (I&I) into the City’s sanitary sewer collection system and to reduce or eliminate sanitary sewer overflows (SSOs). This Private Sewer Lateral Ordinance establishes regulations and enforcement for the inspection, testing, repair, replacement, and ongoing maintenance of Private Sewer Laterals (PSLs) resulting in the issuance of a Certification of Lateral Compliance (COLC). (Ord. 1712, 12-12-2023)

This Ordinance applies to all private sewer laterals that connect to the City’s municipal sewer collection system located either within the City of Placerville corporate limits or located within the unincorporated areas of El Dorado County that are served by the City’s municipal sewer collection system. (Ord. 1712, 12-12-2023)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings respectively ascribed to them by this section. Terms not defined in this section shall have their ordinary and common meaning or, if applicable, the definitions set forth in the California Building and Plumbing Code or Water Code:

(A) Each property owner shall, at the property owner’s expense, inspect, maintain in good working order, repair, and replace, as necessary, the PSL so that it does not cause or contribute to any sewage discharge or exfiltration outside of the sanitary sewer system from either the PSL or the public sewer. The owner shall perform such duties as may be required in response to observed overflows or seepage attributable to the PSL, or as discovered by smoke testing, televising or other surveys of the PSL. Where such maintenance requires excavation or replacement of existing sewer facilities, the owner shall apply for and receive an encroachment permit from the City if within a City right-of-way and approval from any other affected property owner.

(B) Where it has been determined that a PSL exists on two or more adjoining lots, each property owner utilizing the private common building sewer lateral shall be responsible for their portion of the common sewer lateral and those parts described in section 7-17-6(A)1. or make direct connection to the public sewer system in accordance with the California Plumbing Code and all applicable provisions of the Placerville Municipal Code.

1. Each property owner will be responsible for the maintenance, repair, or replacement of their portion of the common sewer lateral building sewer from their individual building drain cleanouts to the public sewer connection.

2. The common sewer lateral may be relocated or abandoned if owners mutually agree and such relocation or abandonment is first approved by the City, with the appropriate permits.

3. In the event an owner neglectfully or intentionally damages or interferes with the efficient operation of the common sewer lateral, that owner shall be responsible for all costs of repairing such damage or removing any obstruction caused by the owner.

4. All owners shall acknowledge that pursuant to the California Plumbing Code, the City shall have enforcement rights with respect to this chapter, and that, in the event the City is required to bring action to enforce this chapter or any part thereof, owners agree to pay for reasonable legal fees and staff time.

(C) All PSLs must meet the following standards and the requirements of the California Plumbing Code, including:

1. The PSL shall be kept free from roots, grease deposits, and other solids which may impede or obstruct the flow.

2. All joints shall be tight, and all pipes shall be sound and free from structural defects, cracks, breaks, openings, and missing portions to prevent ex-filtration by waste or infiltration by ground water or storm water.

3. The grade of every PSL shall be uniform without sags or offsets not being less than ¼ inch per foot of grade.

4. The PSL shall have an exterior two-way cleanout located at or near the structure and a two-way cleanout located at the property line most directly adjacent to public right-of-way or easement. All cleanouts shall be securely capped at all times. Additional cleanouts shall be installed at intervals not to exceed 100 feet straight run.

5. The PSL shall be equipped with a California Plumbing Code approved backflow device.

6. In conjunction with a PSL serving a structure in which there are plumbing fixtures at an elevation too low to permit drainage by gravity from the fixtures to the sewer main, the property owner shall install and maintain a pump or other appropriate device or devices to lift the contents of the PSL to the City’s sanitary sewer system. Such devices shall be installed and maintained in accordance with the California Plumbing Code and all applicable provisions of the Placerville Municipal Code, and shall be subject to inspection, testing, repair and replacement under the provisions of this chapter governing PSLs

7. There shall be no Non-Sanitary Sewer Connections to the PSL plumbing. Any non-sanitary sewer connections shall be subject to immediate removal when discovered at the property owner’s sole expense. Illicit waste is also not permitted.

(D) Property Owners shall provide connections to the sanitary sewer system in accordance with all applicable state and local laws.

(E) Property Owners shall report to the City of any wastewater that is released from a PSL to the surface resulting in a sanitary sewer overflow or spill within 24 hours. (Ord. 1712, 12-12-2023)

(A) All Property Owners must obtain a COLC at the time and in the manner required by this Section, except that Common Interest Developments shall obtain a COLC as prescribed in Section 7-17-11.

1. Before completing a title transfer through sale associated with a parcel containing any structure not already having a valid COLC. To the extent that a portion of a common sewer lateral is on property that is not being directly served by the common sewer lateral, all benefited private properties on the common sewer lateral shall be jointly and severally responsible for repair, replacement, and associated fees, costs, and fines.

2. Whenever property containing one or more structures is subdivided, the PSLs serving the property shall have a Verification Inspection. Before the subdivision, lot line adjustment, or parcel map is approved, all repairs or replacements necessary to bring a PSL into compliance shall be performed. If the subdivision of land causes structures served by a single PSL to be separated onto different lots, PSLs for each lot on which there is a structure shall be constructed in accordance with the California Plumbing Code and all applicable provisions of the Placerville Municipal Code.

3. Whenever property that is served by the City’s sewer system is altered to include the addition of two or more new plumbing fixtures that discharge into a sanitary sewer system, the PSL(s) to the property shall have a Verification Inspection performed.

4. Whenever an application is submitted for the construction, alteration, relocation, enlargement, replacement, repair, use and occupancy, or maintenance, of a structure, the cost of which equals or exceeds twenty five percent (25%) of the market value of the structure before the start of construction of the improvement.

5. Upon the repair or replacement of a portion of the Building Sewer, Common Building Sewer, or Private Sewer Lateral.

6. Upon a determination of a violation by the Building Official, the cleaning, testing, repair, or replacement of the PSL is required for the protection of public health, safety, and welfare.

7. For structures and/or where the PSL was installed without a permit and does not have a COLC, the property owner shall comply with the standards set forth in Section 7-17-7.

(B) Exceptions:

1. Where the property owner possesses a valid COLC.

2. Where the property owner(s) has installed a PSL under a permit and the finaling date of said permit is less than twenty (20) years.

3. Where a pressurized private common sewer lateral system is maintained through a Private Sewer Maintenance Agreement and said agreement contains language requiring regular maintenance and funding, the Building Official shall issue a COLC unless the system is currently out of compliance with the California Plumbing Code and/or this chapter. (Ord. 1712, 12-12-2023)

(A) Whenever a COLC is required under this chapter, a Property Owner who does not hold a valid COLC shall do the following at the Property Owner’s expense:

1. If the PSLs are not in compliance, for one or more of the reasons described in Section 7-17-6, the Property Owner shall obtain any required permits and perform all work needed to bring the PSLs into compliance with the California Plumbing Code.

2. The Property Owner shall then document, to the satisfaction of the Building Official that all PSLs associated with the parcel, including Common Sewer Laterals if applicable, are in compliance with the standards set forth in Section 7-17-5 and that all other requirements of this chapter have been satisfied following completion of all necessary repairs and finaling of the building permit, a COLC shall be issued.

3. For all single and multi-family dwellings, and other residential structures, if it is determined that the PSL does not meet the standards as set forth in the California Plumbing Code, all applicable provisions of the Municipal Code, including this chapter, the Property Owner shall repair or replace the PSL in its entirety from the structure to the main in accordance with those same standards.

4. For all non-residential structures, if it is determined that the PSL does not meet the standards as set forth in the California Plumbing Code, all applicable provisions of the Municipal Code, including this chapter, the Property Owner shall repair or replace the PSL in its entirety from the structure to the main in accordance with those same standards.

(B) In the event the PSL associated with a particular parcel has passed the Verification Inspection, and upon payment of the appropriate fee as published in the City’s fee and rate schedule, the Building Official shall issue a signed COLC to the property owner specifying the address of the property served by the subject PSL. A COLC shall be valid for a period not to exceed twenty (20) years and shall be valid only for the PSL at the address specified in the COLC. The Director shall maintain records of all COLCs issued.

(C) If the Building Official, following a Verification Inspection, determines that a PSL does not meet the standards set forth in 7-17-5 and the property owner has not agreed in writing to perform the repairs or replacements necessary to bring the PSL into compliance, then the Building Official shall give written notice to the property owner(s) of any conditions that violate this chapter and shall cause a Notice to Correct. Such written notice shall specify the repair or replacement necessary to correct the condition and the time in which to make the correction and shall advise the property owner(s) of the enforcement provisions of the City Municipal Code as specified in Code Section 7-4-20. (Ord. 1712, 12-12-2023)

Contractors performing any work on a PSL must meet all state and local licensing requirements prior to commencing such work. In the instance where encroachment in the public right-of-way is needed for the repair of a PSL, an encroachment permit must first be obtained from the City Engineer and the work shall be performed by a licensed contractor. (Ord. 1712, 12-12-2023)

(A) Where the PSL is totally replaced, the COLC shall be valid for a period not to exceed twenty (20) years from the date of issuance and is required to be renewed every twenty years.

(B) Where the City approves a partial replacement or repaired PSL, the COLC shall be valid for a period to be determined by the Building Official in accordance with the California Plumbing Code. (Ord. 1712, 12-12-2023)

In the event repairs cannot be completed before the close of escrow, Property Owners may request a Time Extension from the Director. Extensions and duration may be granted at the discretion of the Director up to a maximum of 180 days. (Ord. 1712, 12-12-2023)

(A) COLC Requirement. A COLC must be obtained with respect to Common Interest Developments as described in this Section.

(B) Responsibility of Homeowners’ Associations and Individual Unit Owners.

1. The division of responsibility for PSL maintenance between the Homeowners’ Association and the Property Owners of individual units may be described in any document but is typically described in the Covenants, Conditions, and Restrictions applicable to Common Interest Developments or the parcels in them. In some Common Interest Developments, the Homeowners’ Association has assumed responsibility to maintain all PSLs. In other Common Interest Developments, the owner of each individual unit is responsible to maintain the PSLs associated with the unit he or she owns, and the Homeowners’ Association is responsible to maintain the remaining PSLs within the Common Interest Development. If the individual unit owner is responsible to maintain their respective PSL, the individual owner must obtain a COLC in accordance with Section 7-17-7.

2. If the Homeowners’ Association has assumed responsibility to maintain all PSLs within the Common Interest Development, the Homeowners’ Association must obtain a COLC in accordance with Section 7-17-7.

3. If the Property Owners of individual units and the Homeowners’ Association share responsibility to maintain PSLs within the Common Interest Development, or if no allocation of responsibility is provided, the parties’ respective responsibility to obtain COLCs is as follows:

(a) The Property Owner of the individual unit must obtain a COLC in accordance with Section 7-17-7 and notwithstanding paragraph (A)2 of that Section, provided that the Building Official shall require a Verification Inspection of only those PSLs or portions of PSLs that are the responsibility of the Property Owner of the individual unit before issuing a COLC.

(b) The Homeowners’ Association must obtain a COLC in accordance with Section 7-17-7 for all parcels associated with any PSL that is the Homeowners’ Association’s responsibility to maintain, provided that the Building Official shall require a Verification Inspection of only of those PSLs or portions of PSLs that are the responsibility of the Homeowners’ Association before issuing a COLC.

(c) The issuance of a COLC under paragraph (B)3 of this Section to either a Property Owner of an individual unit or to a Homeowners’ Association, with respect to a specific parcel within a Common Interest Development, does not relieve another party that shares responsibility to maintain PSLs associated with the same parcel of its obligation under paragraph (B)3 of this Section to obtain a COLC for that parcel.

(C) A COLC issued to a Homeowners’ Association under this Section shall be valid for a period not to exceed 20 years from the date it is issued. The Homeowners’ Association must obtain a new COLC in accordance with Section 7-17-7 immediately prior to the expiration of the previously issued COLC.

(D) Developments where no Homeowners’ Association exists. For the purposes of this chapter, any development without a Homeowners’ Association is not a Common Interest Development, even if the development is classified in county records as condominiums, residential planned unit developments, or similar. This Section does not apply to such developments. Individual unit owners within such developments must obtain a COLC that is compliant with the standards set forth in Section 7-17-7. (Ord. 1712, 12-12-2023)

The City may, with the consent of the property owner or after compliance with the requirements of applicable laws, enter, inspect, collect water/wastewater samples, and test any buildings, structures, or premises to secure compliance or prevent a violation of any portion of this chapter. Unless there is an emergency threatening the public health, safety or welfare, the Director shall provide at least ten (10) business days’ notice to the property owner of the City’s intent to enter upon the property. The City shall also request that a property owner provide all written records of PSL inspections, maintenance, repair, and replacement at the time of inspection or within ten (10) or more business days after receipt of the request. (Ord. 1712, 12-12-2023)

(A) The Director shall have the authority to enforce this chapter.

(B) Violations of this chapter include, but are not limited to:

1. Failure to obtain a COLC when one is required, including after the expiration of a Time Extension Certification;

2. Failure to obtain a Time Extension Certification if a COLC is not obtained or to timely perform all required work after receiving a Time Extension Certification;

3. Failure to comply with the California Plumbing Code requirements for Repair, Replacement and Verification Inspection;

• 4. Falsifying facts to obtain a COLC;
• 5. Performing work without appropriate licensing;
• 6. Performing work without first obtaining a building permit;

7. Failure to obtain a City encroachment permit, if the work is to be performed within a City right-of-way, prior to commencing work on the PSL;

8. Presenting a false COLC or false documentation (videos, testing results, maps etc.) to the City; and

9. Allowing a PSL or sewer clean-out to operate if the PSL or sewer clean-outs which contains leaks or breaks; uncapped or improperly capped sewer clean-outs; sump pumps; down spouts or yard drains that discharge into the City’s sanitary sewer system; or any other sources of accidental, negligent, or intended introduction of storm water runoff or similar waters into the sanitary sewer system.

(C) Violations of this chapter are hereby declared to be a public nuisance, subject to abatement in accordance with City Code Title 1, Chapters 4, 4A, and 4(B) if, after being notified of the nuisance condition, the property owner fails to correct the condition. If the City abates a sewer-related public nuisance, the costs of such abatement shall be assessed against the subject property owner and may result in a lien against the subject property in accordance with Placerville Municipal Code Title 1, Chapter 4(B) and Title 7, Chapter 4, Section 7-4-20.

(D) When the Director finds that a person has violated this chapter, or in his or her sole discretion, determines that a violation is imminent, the Director shall notify the person in writing. Within 30 days of the mailing of that notification, the notified person must submit for approval by the Director a detailed time schedule of specific actions the person shall take in order to correct or prevent a violation of this chapter. The person must take action within 90 days of the mailing date of the Director’s notification. A violation will be deemed to be imminent if it is likely to affect the public health or safety. Under such circumstances, the Director need only provide twenty-four hours’ written notice prior to being authorized to have the City abate the violation and charge the person for the costs.

(E) Revocation of a Certification. The Director reserves the right to issue a notice of COLC Revocation. Such findings by the Director include but are not limited to the following:

1. Street subsidence at the connection of the PSL to the sewer main;

2. Private sanitary sewer overflows from the PSL of the Property Owner; or

3. Any condition related to the PSL that creates a nuisance or a violation of the California Plumbing Code or the Placerville Municipal Code, including this chapter.

(F) The Director may take enforcement action against a person who violates the provisions of this chapter or fails to perform any act required by this chapter, including but not limited to initiating court action to obtain an injunction requiring the work to be done and/or terminating service to the POTW. The Director may recover from any person in violation of this chapter the costs the City incurs in connection with enforcing this chapter, including staff time, and may seek attorneys’ fees in any court action or proceeding. Where persons are made jointly and severally liable under this chapter, enforcement actions can be taken against any one or more of the jointly and severally liable parties.

(G) Citation penalties. In addition to, or in lieu of, the remedies set forth in this chapter, any violation of this chapter may result in the issuance of an administrative citation pursuant to the Placerville Municipal Code Title 1, Chapters 4, 4A, and 4B; and Title 7, Chapter 4, Section 7-4-20. (Ord. 1712, 12-12-2023)

Fees and charges to recover the percentage of costs reasonably borne for the purpose of compliance with this chapter may be adopted by resolution or as adopted by the City Council as part of the City’s Master Fee Schedule.(Ord. 1712, 12-12-2023)

The Director shall develop, implement, and maintain written policies, procedures and guidance materials for the administration and enforcement of this chapter and shall make them available on the City’s website and upon request. (Ord. 1712, 12-12-2023)

During a proclaimed State of Emergency or declaration of local emergency, the City Manager may temporarily suspend any or all provisions of this chapter until the next regular or special meeting of the City Council. At the regular or special meeting, a report shall be made, and the City Council may consider whether to authorize continued suspension of this chapter for the full duration of the State of Emergency, or for any shorter time period the City Council finds appropriate. (Ord. 1712, 12-12-2023)