[Ord. #2014-04 § 1[1]]
a.
One objective of this Ordinance (Ord. No. 2014-04) is to reduce infiltration
and inflow into the sanitary sewer system operated by the City of
Albany by requiring testing, repair, replacement and ongoing maintenance
of privately owned sewer laterals within the City of Albany, in compliance
with NPDES Permit No. CA0038471, USEPA Administrative Order in docket
no. CWA 309(a)-10-006, and the Consent Decree in United States of
America, et al. v. EBMUD (09-186). To this end, these subsections
require that all Upper Sewer Laterals be maintained by their owners
in accordance with the standards set forth in this chapter. Such maintenance
shall include, when necessary, the repair or replacement of the sewer
laterals.
b.
In 1986, the Regional Water Quality Control Board, San Francisco
Bay Region (SFRWQCB), in its enforcement of the 1972 amendments to
the Federal Water Pollution Control Act, and the requirement to control
sewage overflows, issued a Cease and Desist Order to the East Bay
Municipal Utility District (EBMUD), the City of Albany and other East
Bay Communities (Order No. 86-17, reissued with Order No. 93-134).
c.
In an effort to solve the problem of sewage overflows in compliance
with the Cease and Desist Order, the affected jurisdictions jointly
developed a compliance plan. The plan used a broad-based Sewer System
Evaluation Study completed in 1985 by CDM Jordan/Montgomery. The CDM
Jordan/Montgomery study found that a significant component of infiltration
and inflow (I/I) is infiltration, consisting of groundwater or runoff
from rainfall that passes through the soil into defects in the sewer
pipes and associated structures.
d.
In addition, there exist in the City numerous stormwater inflow connections
into Upper Sewer Laterals, such as downspouts and storm drains (Non-Sanitary
Sewer Connections) on private property.
e.
Infiltration and Non-Sanitary Sewer Connections are major sources
of the I/I that occur during the rainy season. Evidence supporting
this conclusion includes leakage test data internal inspection by
television, smoke test results, conditions documented by excavations,
and direct flow measurements.
f.
The CDM Jordan/Montgomery study recommended that the affected jurisdictions
update and enforce their sewer ordinances as required to implement
the program's recommendations, including an ordinance requiring testing
and repair of Upper Sewer Laterals as a condition on the sale of property
or significant remodeling, and requiring all property owners to eliminate
Non-Sanitary Sewer Connections and correct defective sewers.
g.
The City of Albany began implementation of a program requiring the
testing and repair of Upper Sewer Laterals as a condition on the sale
of property or significant remodeling in 1994. These provisions will
continue to apply within the jurisdiction as provided in this Ordinance
and the East Bay Municipal Utility District Regional Private Sewer
Lateral Ordinance.
[1]
Editor's Note: Certain subsections of § 15-1 were
amended by Ord. No. 2014-04, adopted
May 5, 2014. A consent decree in United States of America vs. EBMUD
has determined the effective date as 30 days after January 1, 2015.
Prior ordinance history includes portions of 1958 Code §§ 7.60-7.67,
85-05, 87-08, 87-010, 87-024, 88-005, 91-05 and 93-010.]
[Ord. #94-01, § 1; Ord. #2014-04 § 2]
The following terms apply to this section and augment definitions
found in the California Building Standards Code.
Shall mean the designated authority within Alameda County Government empowered by the City Council to enforce various provisions of Chapter 15.
Shall mean a certificate issued by the City prior to the
effective date of this Ordinance (Ord. No. 2014-04) or by EBMUD after
the effective date of this Ordinance (Ord. No. 2014-04) indicating
that all Upper Sewer Laterals associated with a parcel comply with
the requirements of this chapter and the Regional Ordinance and have
passed a Verification Test.
Shall mean a segment of pipe connected to a Sewer Lateral
rising vertically to the surface. Provides access to the lateral for
purposes of routine flushing and rodding to free plugs.
Shall mean a development managed or governed by a Homeowners'
Association. Examples of Common Interest Developments may include
condominium projects, planned unit developments, community apartment
projects (in which the individual units are owned) and stock cooperatives.
Shall mean the Director of Public Works for the City of Albany,
or his or her designated representative.
Shall mean East Bay Municipal Utility District, Special District
No. 1.
Shall mean the Director of the Wastewater Department of EBMUD,
or his or her designated representative.
Shall be the Public Works Director or his or her designated
representative.
Shall mean a certificate issued by the EBMUD as described
in the Regional Ordinance. A Property Owner who holds an Exemption
Certificate for a given parcel need not obtain a Compliance Certificate
for that parcel during the period the Exemption Certificate remains
valid.
Shall mean a nonprofit corporation or unincorporated association
created for the purpose of managing or governing a Common Interest
Development and that operates in accordance with governing documents,
whether or not the corporation or association is formally designated
or commonly referred to as a Homeowners' Association.
Shall mean a Relationship with another person where, and
only where, one person is a direct descendent of the other person.
The following are examples of Lineal Consanguinity Relationships:
parent and child, grandparent and grandchild, and great-grandparent
and great-grandchild. Persons are not in a Lineal Consanguinity Relationship
if neither person is directly descended from the other, even if both
persons are descended from a common ancestor. The following are not
Lineal Consanguinity Relationships: aunt and niece, uncle and nephew,
siblings, and cousins of any degree.
Shall mean that portion of the 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.
Shall mean routine flushing or rodding of a sewer to maintain
a free flowing condition.
Shall mean anything that directly or indirectly conveys storm
water, surface water, roof runoff, intercepted groundwater or subsurface
drainage into the Sanitary Sewers, including, but not limited to,
down spouts, yard drains, sump pumps, or other sources of storm water,
run-off or groundwater.
Shall mean two (2) or more contiguous or directly adjacent
parcels of real property under common ownership.
Shall mean a person that owns a parcel of real property,
or that person's authorized representative. As used in this paragraph,
"person" means an individual, trust, corporation, nonprofit organization,
Homeowners' Association, partnership, firm, joint venture, limited
liability company, association, or Public Entity.
Shall mean any city or county; any special district or agency
of the state formed pursuant to general law or special act for the
local or regional performance of governmental or proprietary functions
within limited boundaries; any agency or entity created pursuant to
the Joint Exercise of Powers Act (Cal. Gov. Code § 6500,
et seq.); a school district or a community college district; the University
of California; the California State University; an air pollution control
district or an air quality maintenance district; a housing authority;
and any other entity with the capacity to own real property created
by any of the above.
Shall mean the Regional Private Sewer Lateral Ordinance adopted
by EBMUD and any future amendments or modifications thereto.
Shall mean any significant improvement, addition, construction,
reconstruction, modification or alteration of or to an existing or
previously existing Structure.
Shall mean construction activities, performed by a licensed
contractor to bring an Upper Sewer Lateral into compliance with this
chapter and the Regional Ordinance, consisting of the correction of
less than the entire Upper Sewer Lateral.
Shall mean construction activities, performed by a licensed
contractor to bring an Upper Sewer Lateral into compliance with this
chapter and the Regional Ordinance, consisting of the replacement
or lining of the complete length of the Upper Sewer Lateral.
Shall mean sewer pipes that convey wastewater from a Structure
and to which storm water, groundwater, or surface water is not intentionally
admitted.
Shall mean a pipe or pipes and appurtenances that conveys
wastewater from the plumbing of a Structure to a Sewer Main. Also
referred to as "building sewer" in the California Standards Building
Code.
Shall mean a publicly owned Sanitary Sewer that receives
flow from Sewer Laterals. The Sewer Main does not include any portion
of the Sewer Lateral.
Shall mean a pipe or conduit which carries storm and surface
waters and drainage, but excludes sewage and polluted industrial wastes.
Shall mean any building or facility that is required to be
provided with public sewer service, or that is actually provided with
public sewer service, or that is served by a Sewer Lateral.
Shall mean a certificate issued by EBMUD in connection with
a Title Transfer transaction to a Property Owner, or to a transferee,
that extends the deadline to obtain a Compliance Certificate for one
hundred eighty (180) days from the date the Time Extension Certificate
is issued.
Shall mean the sale or transfer of an entire real property
estate or the fee interest in that real property estate, excluding
the sale or transfer of partial interest such as a leasehold. The
following are not Title Transfers for purposes of this chapter and
the Regional Ordinance:
A transfer to an heir by a trustee or other fiduciary in the
course of the administration of a decedent's estate, guardianship,
conservatorship, or trust;
A transfer from one co-owner to one or more other co-owners,
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;
A transfer made by a trustor to fund an inter vivos trust;
A transfer made to a spouse, or to a registered domestic partner
as defined in Section 297 of the Family Code, or to a person or persons
in a Lineal Consanguinity Relationship with one or more of the transferors;
A transfer between spouses or registered domestic partners resulting
from a decree of dissolution of marriage or domestic partnership,
or resulting from a decree of legal separation or from a property
settlement agreement incidental to a decree; and
A transfer from a Property Owner to a financial institution
as a result of a foreclosure or similar process. A transfer from a
financial institution to a new Property Owner is a Title Transfer
for purposes of this chapter or the Regional Ordinance.
Shall mean that portion of the Sewer Lateral connecting from
a Structure to the Cleanout at the curb line. If there is no Cleanout
at the curb line, the Upper Sewer Lateral shall be considered as the
portion connecting from the Structure to the curb line in the street.
When the Upper Sewer Lateral connects to a rear yard Sewer Main, the
entire Sewer Lateral, including the wye connection, shall be considered
the Upper Sewer Lateral. An Upper 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 Upper Sewer Lateral may be associated with an
individual parcel.
Shall mean and include any dwelling, unit, firm, association,
organization, public corporation, political subdivision (including
the City of Albany), County, district, State of California, or United
States of America, or any department or agency thereof.
Shall mean a test witnessed by EBMUD's authorized representative(s)
to verify that all Upper Sewer Laterals associated with a parcel comply
with the requirements of this chapter and the Regional Ordinance.
[Ord. #94-01, § 1]
a.
Meters Required. To establish sewage discharge as a basis for sewage
disposal charges when all or part of the water supply is derived from
a source other than the district public water supply, the owner of
any property other than single family residences may be required to
install metering equipment of a type and at locations approved by
the Department of Public Works.
b.
Control Manholes. When required by the City, the owner of any property
served by a building sewer carrying industrial wastes shall install
a suitable control manhole in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole shall be located,
constructed, and paid for by the owner in accordance with plans approved
by the City. It shall be maintained by the owner so as to be safe
and accessible at all times. In the event that no special manhole
has been required, the control manhole shall be considered to be the
nearest public sewer manhole downstream from the building sewer connection.
c.
Preliminary Treatment. When required, the owner shall provide at
his expense, such preliminary treatment of sewage as may be necessary
to:
1.
Reduce the biochemical oxygen demand and the suspended solids;
2.
Reduce objectionable characteristics or constituents to within the
maximum limits prescribed by the District; or,
3.
Control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
the approval of the City, and no construction of such facilities shall
be commenced until such approvals are obtained in writing. Where preliminary
treatment facilities are provided, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
d.
Special Agreements Relative to Industrial Waste. No statement contained
in this section shall be construed as preventing any agreement or
arrangement between the waste of unusual strength or character may
be accepted by the District for treatment, subject to payment therefor
by the industrial concern.
e.
Standards for Measurement, Tests and Analyses. All measurements,
tests and analyses of the characteristics of waters and wastes to
which reference is made in this section shall be determined in accordance
with "Standard Methods for the Examination of Water and Sewage," as
prepared, approved and published jointly by the American Public Health
Association and the American Waterworks Association.
[Ord. #94-01, § 1; Ord. #2014-04, § 3]
a.
Contract for Reimbursement. Whenever a subdivider or other Property
Owner requires the construction of Sewer Mains from his respective
property to the nearest sewer main outside of his respective property,
and where, in the opinion of the City Council it is necessary that
a Sewer Main be constructed of a larger capacity than the minimum
capacity needed to serve such subdivision or other property, and that
such extended Sewer Main will be or can be used in the disposal of
sewage from adjacent properties not in such subdivision or other properties,
the City Council may contract with the subdivider or Property Owner
so as to provide a means of reimbursement to the subdivider or Property
Owner for the additional costs incurred for the increased size or
design of such sewage main and for other facilities.
b.
Determination of Extra Cost. The City Engineer shall determine the amount of money necessary to cover the cost of the construction provided by subsection 15-1.2 over and above the minimum cost of mains and other facilities that the subdivider or other Property Owner would expend if the construction of mains were of the size, design, and capacity sufficient to serve their respective properties only. Costs shall be based on materials only.
c.
Proration and Payment of Extra Cost. The amount of money determined
by the City Engineer under the provisions of paragraphs a and b shall
be prorated by the City Engineer against all parcels of land outside
the subdivision or outside the tract of land owned by the applicant,
that may later be served by connections to the Sewer Main. In no event
shall an owner of property to be served by such extended sewer line
or other facilities be permitted to connect thereto without first
paying to the City the prorated charge above mentioned and the connection
costs of this section.
d.
Refund of Money Collected. All money mentioned in this subsection
shall be refunded to the subdivider or other Property Owners who constructed
such enlarged main lines or facilities mentioned in this subsection.
Such refunds shall be made as soon as payments are received by the
City. If the entire amount of money due to the subdivider or other
Property Owners under the contract with the City has not been refunded
in full within the period of ten (10) years from the date of the contract,
the same shall terminate and be of no further force or effect.
e.
Notice of Refund. Any person entitled to any refund under the provisions
of this subsection shall keep on file with the City Clerk his correct
mailing address. In the event the City Clerk is unable to locate any
person entitled to receive a refund hereunder, he shall send a written
notice to such person by registered mail to the last address filed
by such person with him. Such written notice shall contain a statement
of the amount of such refund and shall also advise such person that
if the refund is not called for within one (1) year of the date of
such notice, all rights of such person to that particular refund shall
be forfeited.
f.
Charges, Etc., Not to Bear Interest. None of the charges made in
this section nor any of the payments collected pursuant to this section
shall bear interest.
[Ord. #94-01, § 1; Ord. #2014-04, § 4]
a.
In addition to building Cleanouts required by the California Building
Standards Code, there shall be a two (2) way cleanout installed in
the building sewer behind the curb or near the property line in a
location approved by the City. Such Cleanout shall be a double-wye
meeting the material and installation standards developed by the City
Engineer.
b.
An uncapped or improperly capped cleanout constitutes a violation
of this provision.
[Ord. #94-01, § 1]
All revenues derived from the connection and service fees herein
provided for shall be deposited in a special fund to be known as the
"sewer fund." Monies in this fund shall be used only for the acquisition,
construction, reconstruction, maintenance, operation and administrative
overhead costs of facilities and engineering studies and plans pertaining
thereto.
[Ord. #94-01, § 1]
To establish appropriate provisions for the construction and
expansion of the sanitary sewer system of the City, and to be assured
that the cost of such construction and expansion is borne by those
who receive the benefits thereof, there is hereby established connection
fees for all connections made to the City sanitary sewer system. The
amount shall be as set forth by the City's Master Fee Schedule and
any amendments adopted by subsequent Council Resolution.
Upon application, and with good cause shown, the City Council
may in its sole discretion waive or reduce any of the charges provided
for in this subsection.
Any building destroyed by fire, flood, earthquake, or similar
catastrophe, shall be exempt from the connection charges to the extent
of the number of fixture units that existed prior to the catastrophe.
Additional fixture units shall be charged a new connection fee in
accordance with the current fee schedule.
Fees required in this subsection shall be paid to the City Treasurer
prior to issuance of a building permit.
[Ord. #94-01, § 1]
a.
General. The City shall charge a sewer service fee for all users
of the City sewer system, based upon the amount of sanitary sewage
flow generated. Single family residences are assumed to have an average,
or "base" flow. Other user rates are based on water consumption by
user classification.
Where certain users are identified as characteristically different
from others in the same classification, these rates may be set on
an individual basis upon submittal of proof to the City Administrator
that the amount of sanitary sewage generated by the user is significantly
less than average users in the same classification, or that a significant
amount of water consumed does not enter the sewer system due to irrigation
or other reasons.
b.
Appeal. Any user believing that the amount charged is not an accurate
reflection of sewer use may request the City Administrator to review
the service fee. If a satisfactory solution is not reached, an appeal
to the City Council may be filed within ten (10) days of a written
decision by the City Administrator.
c.
Minimum Fee. In no case shall the total charge per billing account
be less than the "basic fee" established herein, unless exempted by
paragraph d below.
d.
Exemptions. The following are exempt from this fee: meters used for
irrigation or construction only, and those units or connections which
legally connect directly to East Bay Municipal Utility District's
Interceptor.
e.
Imposition of a Lien. Delinquent sewer service charges are hereby
made a lien upon the real property served by a connection to the City
sewer system and such a lien shall continue until the charges thereon
are fully paid.
[Ord. #94-01, § 1]
a.
The City Council by resolution shall establish a basic fee for single
family residence and users and such fees shall be contained in the
City of Albany Master Fee Schedule Resolution and any resolution as
amended from time to time.
b.
The City Council is authorized by resolution to set up user categories
to include, but are not limited to, the following user groups:
c.
Fees for users which are not characteristic of those set out in paragraphs a and b of this subsection shall be set individually in accordance with subsection 15-1.7a and listed in the City of Albany Master Fee Schedule Resolution or any modifications thereto. The City Administrator, subject to approval by resolution of the City Council is authorized to add, delete or substitute the users and fees listed in the Master Fee Schedule, consistent with the criteria set forth in this section.
d.
Any further revisions, modifications, or changes of fees may be made
by the City Council in modifications to the Master Fee Schedule.
[Ord. #94-01, § 1]
a.
Duty to Connect with Sewer. Every building in which plumbing fixtures
are installed and every premises having water discharge piping shall
have a connection to the public sewer.
b.
No Direct Discharges to Public Sewers. No person shall discharge
any substance directly to a manhole or other opening in a public sewer
other than through an approved building sewer.
[Ord. #94-01, § 1]
a.
Prohibitions on Discharges. No person shall discharge wastes to a
City sewer which cause, threaten to cause, or are capable of causing
either alone or by interaction with other substances:
1.
A fire or explosion;
2.
Obstruction of flow in the City's sewerage system or injury of the
system or damage to the system. This prohibition shall include, without
limitation the following substances: any sand, cement, cinders, ashes,
metal, glass or other heavy solids; any straw shavings, animal hair,
feathers, paunch manure or other fibrous matter; any tar asphalt,
resins, plastics, or other viscous substances;
3.
Toxic substances that create a danger to life or safety of humans;
4.
The prevention of the effective maintenance or operation of the sewerage
system;
5.
Air pollution by the release of toxic or malodorous gases or malodorous,
noxious or corrosive gas-producing substances;
6.
Interference with City sewer, or other wastewater or storm water
conveyance facilities;
7.
A detrimental environmental impact or a nuisance in the waters of
the State of a condition which violates the rules and regulations
of any public agency having regulatory jurisdiction over the City;
8.
Quantities or rates of flow which overload the City's sewerage system,
or cause excessive collection or treatment costs.
[Ord. #94-01, § 1]
It shall be unlawful for any person to discharge any storm water,
surface water, ground water, roof runoff, or subsurface drainage into
any building sewer or public sewer.
[Ord. #94-01, § 1]
No discharge shall be made to a building lateral or public sewer
that does not meet all requirements set by the District. No one required
by the District to have a waste discharge permit shall discharge to
a building lateral or public sewer without a valid permit from the
District.
[Ord. #94-01, § 1]
No person shall discharge any of the following waters or wastes
into a building sewer or the sanitary sewer system without prior written
approval of the Director of Public Works.
a.
Any unpolluted industrial process water.
b.
Any liquid or vapor having a temperature in excess of one hundred
fifty degrees (150° F) Fahrenheit.
c.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solids, or gas.
d.
Any water or waste which contains more than one hundred (100) milligrams
per liter of grease, oil or fats.
e.
Any garbage, except garbage from dwellings and establishments 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
shall in any event be greater than three-eighths (3/8") inch in any
dimension.
f.
Any water or waste 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.
g.
Any 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.
h.
Any waters or waste containing more than five hundred (500) milligrams
per liter of suspended solids.
i.
Any noxious or malodorous gas or substance capable of creating a
public nuisance.
j.
Any radioactive wastes.
[Ord. #94-01, § 1; Ord. #2014-04 § 5]
A written permit shall be obtained from the Director of Public
Works or his duly authorized representative before construction, Repair,
Replacement or abandonment of a building sewer. However, no building
sewer permit shall be required for the clearance of sewer stoppages
in a privately-owned building sewer.
[Ord. #94-01, § 1; Ord. #2014-04 § 6]
No permit shall be issued until the following has been submitted
by the applicant and approved by the Director of Public Works.
a.
List of materials that shall be used to construct the building sewer.
b.
Building sewer permit fee.
c.
When required by the Director of Public Works, the applicant shall
also provide a site plan showing the proposed location of the building
sewer, including location of the connection to the public sewer and
of all Cleanouts on the building sewer.
d.
Other submittal requirements of the California Building Standards
Code.
[Ord. 94-01, § 1]
The permit, when signed by the Director of Public Works shall
constitute permission to do the work. The permit shall be void if
the work is not commenced and completed within the period specified
on the permit unless an extension of time is granted in writing by
the Director of Public Works. Permits shall not be transferable.
[Ord. #94-01, § 1]
The permittee shall give notice of the time of commencement
of the work to the Director of Public Works, and Underground Service
Alert (USA), as required by State law, at least forty-eight (48) hours
before the work is started. The permittee shall give similar notice
to the Police Department and Fire Department if required on the permit.
[Ord. #94-01, § 1]
The Director of Public Works may revoke a building sewer permit
for noncompliance with any applicable laws or regulations.
[Ord. #94-01, § 1; Ord. #2014-04 § 7]
All materials used and all joints made in the construction or
Repair or Replacement of building sewers shall be watertight and free
from defects. No materials or construction procedures shall be used
in the construction or Repair or Replacement of a building sewer without
the approval of the Director of Public Works. All construction and
materials shall comply with the latest edition of the City Standard
Specifications and Drawings.
[Ord. #94-01 § 1; Ord. #2014-04 § 8]
All Sewer Laterals shall be constructed, Repaired or Replaced
in accordance with the requirements designated by the Director of
Public Works. All work shall be tested by the Property Owner in the
presence of the Director of Public Works or his designated representative
in a manner approved by the Director of Public Works.
[Ord. #94-01, § 1; Ord. #2014-04 § 9]
Sewer Laterals to be abandoned shall be securely closed at all
pipe ends by a watertight plug of concrete or concrete grout not less
than two (2') feet thick. Before a building connected to the City
sewer system is removed or modified in a manner which requires a physical
disconnection of the Structure from the sewer, the Property Owner
of the Structure shall obtain the appropriate permit from the City.
The physical disconnection shall be inspected by City personnel. The
Property Owner shall disconnect and plug the Sewer Lateral with a
watertight plug of concrete or an approved fitting at the Sewer Main
prior to demolition work. Structures to be abandoned shall have all
openings, inlets and outlets sealed off as set forth for sewer lines
and the structure shall be removed to a point three (3') feet below
the proposed street grade or ground surface. If the structure is in
State, County, or City roadway right-of-way, it must be filled with
TYPE I backfill. If the structure is outside of the State, County
or City roadway right-of-way it shall be filled with earth and compacted.
[Ord. #94-01, § 1; Ord. #2014-04 § 10]
a.
General. It shall be the responsibility of the Property Owner to
perform all required maintenance, Repair and Replacement of the Upper
Sewer Lateral in accordance with this chapter and the Regional Ordinance.
An Upper Sewer Lateral must meet the following minimum standards:
1.
Upper Sewer Lateral shall be kept free from roots, grease deposits,
and other solids which may impede the flow or obstruct the transmission
of waste.
2.
All joints shall be watertight and all pipe shall be sound to prevent
exfiltration by waste or infiltration by ground water or storm water.
3.
The Upper Sewer Lateral shall be free of any structural defects,
cracks, breaks, openings, rat holes, or missing portions and the grade
shall be uniform without sags or offsets.
4.
The Upper Sewer Lateral shall have a two (2) way Cleanout located
at the property line or at the Sewer Main easement. All Cleanouts
shall be securely capped with a proper cap at all times.
5.
There shall be no Non-Sanitary Sewer Connections to the Upper Sewer
Lateral or to any plumbing that connects thereto.
b.
Compliance. Property Owners must maintain all Upper Sewer Laterals
associated with their parcels to the extent necessary to ensure the
Upper Sewer Laterals meet the standards of this chapter and comply
with all other requirements of the Regional Ordinance. Property Owners
must perform any Repair or Replacement and perform any inspections
necessary to ensure the Upper Sewer Laterals meet those standards
and requirements.
1.
All Property Owners must obtain a Compliance Certificate from EBMUD
at the time and in the manner required by the Regional Ordinance.
2.
Title Transfer. Before completing a Title Transfer associated with
a parcel containing any Structure, either the transferor or transferee,
as negotiated between them, shall obtain a Compliance Certificate
from EBMUD, unless a Time Extension Certificate is obtained. After
the Title Transfer is complete, the transferee is solely responsible
for obtaining a Compliance Certificate. The requirement to obtain
a Compliance Certificate before Title Transfer in no way affects the
legality of the transfer of title in the underlying property transaction.
3.
Construction and Remodeling. Whenever a Property Owner submits an
application for any permit or other approval needed for new construction
upon a parcel, or for Remodeling of an existing or previously existing
Structure, the Property Owner shall obtain a Compliance Certificate
from EBMUD before obtaining a final permit. This paragraph applies
to construction and Remodeling if the cost of the permitted work exceeds
the dollar amount specified in the Regional Ordinance.
4.
Change in Water Services. Whenever a Property Owner applies for any
permit or other approval from EBMUD for an increase or decrease in
size of the Property Owner's water meter, the Property Owner shall
obtain a Compliance Certificate from EBMUD before obtaining a final
permit or approval. EBMUD may permit or approve an increase or decrease
in water meter size without first requiring the Property Owner to
obtain a Compliance Certificate if the Property Owner has submitted
a pending application for a permit subject to paragraph 3 above.
5.
A Property Owner may at any time voluntarily request a Compliance
Certificate for a given parcel from EBMUD, and EBMUD shall issue the
Compliance Certificate as provided by the Regional Ordinance if the
Upper Sewer Lateral located upon the parcel passes a Verification
Test.
c.
Time Extension Certificates. If a Compliance Certificate cannot be
obtained before the Title Transfer, the transferor, transferee, or
other interested party or parties may obtain a Time Extension Certificate
from EBMUD in accordance with the Regional Ordinance. Time Extension
Certificates are issued in connection with Title Transfer transactions
only.
d.
Exemption Certificates. A Property Owner may request an Exemption
Certificate from EBMUD in accordance with the Regional Ordinance.
e.
Common Interest Developments. Property Owners within Common Interest
Developments must obtain Compliance Certificates from EBMUD as described
in the Regional Ordinance.
f.
Parcels or Parcel Groups with Upper Sewer Laterals Exceeding One
Thousand (1000') Feet. The Property Owner of any parcel or any Parcel
Group with Upper Sewer Laterals exceeding one thousand (1000') feet
in total combined length within the parcel or Parcel Group must comply
with the requirements for a Condition Assessment Plan, Corrective
Action Work Plan and Compliance Certificate as specified in the Regional
Ordinance.
g.
Fees. The City may establish fees for administration of this chapter.
The Property Owner shall be responsible for paying any fees established
by the City in addition to any fees established by EBMUD.
h.
Enforcement. EBMUD shall enforce the Regional Ordinance and the City
shall enforce the provisions of its Municipal Code. Any violation
of any provision of this chapter shall be deemed a public nuisance
and a misdemeanor, but may be cited and prosecuted, in the discretion
of the enforcing officer, as an infraction, and shall be punishable
as set forth in Chapter 1.20 of this Code.[1]
[Ord. #94-01, § 1]
Nothing in this section shall prevent any responsible person
from doing such work and making such excavations as may be necessary
for the preservation of life or property when such necessity arises;
provided, however, that the person doing such work or excavations
shall obtain a permit therefor on the next working day.
[Ord. #94-01, § 1]
The Director of Public Works, or designee, may enter, inspect,
and test any buildings, structures, or premises to secure compliance
or prevent a violation of any portion of this chapter. No premises
shall be entered until a fourteen (14) day written notice is given
to the owner or owner's agent except to protect life or public safety.
[Ord. #94-01, § 1; Ord. #2014-04 § 11]
Whenever, in the opinion of the Director of Public Works, the
public health, safety, or welfare shall require that Repairs, Replacement
or other protective measures to a building sewer be made or instituted
immediately, he is hereby authorized to proceed with all necessary
work to abate the condition and may enter upon private property for
such purpose. He may erect and maintain all necessary barricades,
warning lights, and other protective devices upon public or private
property. He/she shall notify the owner of the premises as the circumstances
shall permit.
The owner of the property upon which the condition exists and
the person creating such condition shall be jointly and severally
liable to the City for all costs incurred by it in abating the emergency
condition and erecting and maintaining the protective devices.
[Ord. #94-01, § 1; Ord. #2014-04]
The Director of Public Works shall investigate all dangerous
and unsanitary conditions existing in or about Upper Sewer Laterals
and may periodically require that sewers be tested at the Property
Owner's expense. The Property Owner is responsible for having the
test conducted. If such a condition is a menace to life, health, safety
or property, or is in violation of law, he shall, in writing, order
the owner of the premises to discontinue use of the sewer, or, to
discontinue all construction work with respect to the sewer, and to
abate the condition in such manner as shall comply with the law. Any
stoppage in the Upper Sewer Lateral or break in the watertight integrity
of the Upper Sewer Lateral shall be conclusively presumed to be a
menace to life, health, safety, or property for purposes of requiring
abatement of such condition.
Such notice shall be served personally to the owner or by mailing such notice to the owner certified, postage prepaid and addressed to the address last shown on the Alameda County secured assessment rolls, and by posting a copy of such notice on the property. Should the property fail to comply with the order to Repair or Replace within the time limits set forth by the notice, the Director of Public Works, or his/her designee, is hereby authorized to enter the property to cause such Repairs or Replacement as necessary. The property owner shall be responsible for all costs incurred by the City, and reimburse the City for such costs as specified under subsection 15-1.27.
[Ord. #94-01, § 1; Ord. #2014-04 § 13]
The Property Owners whose property is served by the Repaired
or Replaced Upper Sewer Lateral shall reimburse the City for the costs
of Repairs or Replacement made by the City to such sewers within thirty
(30) days after billing therefor by the City. If the Repaired or Replaced
sewer serves more than one property owner, each shall be billed for
his share of the Repair or Replacement costs. In determining the share
of the costs for each property owner, the Public Works Director shall
consider the number of parcels of property served by the sewer, the
nature of the malfunction, the cause of the malfunction, and the volume
and nature of the sewage and liquid wastes flowing into the sewer
from each parcel of property served by the sewer.
[Ord. #94-01 § 1; Ord. #2014-04 § 14]
If any Property Owner who is responsible for the costs of Repairs
or Replacement made by the City to an Upper Sewer Lateral does not
reimburse the City within thirty (30) days after billing by the City,
the owner shall be given ten (10) days' notice by certified mail by
the City Clerk of a Council meeting at which the owner may contest
such charges. If the Council determines that the Repair or Replacement
work was the responsibility of the Property Owner and the amount charged,
or other amount as may be determined, to be fair and equitable, a
special service fee for such charges shall be imposed upon the real
property of the owner, and such special service fee shall become due
and payable with the next property tax bill. If there is more than
one Property Owner served by the Upper Sewer Lateral, each Property
Owner shall have a special service fee imposed upon their property
for their share of the Repair or Replacement costs.
[Ord. #2014-04 § 16]
This Ordinance (Ord. No. 2014-04) shall be posted at three (3)
public places within the City of Albany and shall become effective
upon the later of the following events: (1) the Consent Decree in
United States of America, et al. v. EBMUD (09-186) Effective Date,
or (2) the effective date of the amendments to the Regional Private
Sewer Lateral Ordinance required by such Consent Decree.[1]
[1]
Editor's Note: A Consent Decree in United States of America
vs. EBMUD has determined the effective date as thirty (30) days after
January 1, 2015. Amendments noted where applicable.
