Unless otherwise defined by this code, terms in this chapter shall be as defined in the latest editions of American Public Works Association Standard Specifications for Public Works Construction, the Malibu 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.
"APWA"
means American Public Works Association.
"ASTM"
means American Society for Testing and Materials.
"Building sanitary sewer lateral"
means the section of sewer pipe that carries sewage and liquid waste from a point two feet outside the building or structure served, up to and including the connection to the Civic Center wastewater treatment facility sewer lateral service connection at the property line.
"City"
means the city of Malibu.
"Cleanout"
means a segment of pipe connected to a building sanitary sewer which rises vertically to the ground surface and provides access to the building sewer for purposes of routine inspection, flushing, and servicing in order that the building sanitary sewer remain free-flowing.
"Code"
means Chapter 13.30 of the Malibu Municipal Code.
"Compliance certificate"
means certificate issued by director demonstrating that an installed building sanitary sewer lateral complies with the requirements set forth this chapter.
"Director"
means the director of environmental sustainability department/building official for the city of Malibu and any authorized representatives.
"Fog"
means any fats, oils, grease, waxes or similar or related constituents. FOG may be of vegetable or animal origin. FOG may also be of mineral origin.
"Infiltration"
means the seepage of groundwater into the sanitary sewer system.
"Inflow"
means water discharged into the sanitary sewer system, including sewer laterals, from such sources as, but not limited to, roof leaders, basements, yard and area drains, foundation back drains, cooling water discharges, drains from groundwater sources, breaches around manhole covers or through holes in the covers, cross connection from stormwater systems, catch basins, surface runoff, street wash waters or drainage.
"Leak test"
means testing standards developed by the director to verify the installation of the building sanitary sewer lateral is watertight along its entire length.
"Notice of violation"
means written notice from the city specifying that a building sewer lateral is not in compliance with this code.
"Plumbing Code"
means the latest adopted edition of the Malibu Plumbing Code.
"Repair"
means, for purposes of this chapter, a spot mending of an existing building sanitary sewer lateral to address a specific section of pipe that is not in compliance with this chapter.
"Replacement"
means, for purposes of this chapter, that entirely new underground pipes, fittings, joint connections, clean-outs, caps, and other required components of the building sanitary sewer lateral are installed and constructed in conformance with this chapter. Complete lining of an existing building sanitary sewer lateral in conformance with this chapter shall also be considered a replacement.
"Sanitary sewer system"
means entire wastewater collection and conveyance system for the Civic Center wastewater treatment facility and appurtenant facilities, public sewers and building sanitary sewer laterals.
"Sewer main"
means sanitary sewer main lines to which the lateral services lines are connected for the conveyance of wastewater to the Civic Center wastewater treatment facility.
"Stormwater"
means naturally occurring water created by the weather, underground springs, and surface or subsurface drainage of said water.
"Verification test"
means specific onsite testing of the building sanitary sewer lateral using methods established by the director to assure compliance with this chapter.
"Waste drainage piping"
means the sanitary drainage piping within or beneath a structure.
"Wastewater"
means all sewage and other waste and waters, whether treated or untreated, discharged into or permitted to enter the sanitary sewer system.
(Ord. 414 § 1, 2017)
A. 
Building Sanitary Sewer Lateral Required. Every structure in Phase I of the Civic Center wastewater treatment facility assessment district where plumbing fixtures are installed having waste drainage piping shall have and maintain a connection to the Civic Center wastewater treatment facility sanitary sewer system in conformance with this code.
B. 
No Direct Discharges to Public Sewers. No person shall discharge any substance directly to a manhole or other opening in the Civic Center wastewater treatment facility sanitary sewer system other than through an approved building sanitary sewer lateral except with the written approval of the director.
C. 
Cleanout Required. In addition to the required building sanitary sewer lateral as defined in Section 13.30.010(C), the property owner shall be responsible for the installation of a two-way cleanout in the building sanitary sewer lateral in a location and design approved by the director.
D. 
The property owner to which a building sanitary sewer lateral is connected to the sanitary sewer system is solely responsible for the construction and maintenance of such building sanitary sewer lateral.
(Ord. 414 § 1, 2017)
A. 
Limitation on Use.
1. 
Use of the sanitary sewer system is limited to the discharge of wastewater in such a quantity and of such a quality as authorized and shall not endanger the condition, operation or capacity of the sanitary sewer system and the Civic Center wastewater treatment facilities.
2. 
No person shall discharge, deposit, or throw into, or cause in any way to enter, a building sanitary sewer lateral or the sanitary sewer system, any substance which may cause an obstruction or damage to the sewer system, or which may cause a nuisance or hazard, or which will in any manner obstruct the efficient operation or maintenance of the Civic Center wastewater treatment facility or the sanitary sewer system.
B. 
Stormwater and Groundwater Prohibited. It is unlawful for any person to discharge any stormwater, surface water, groundwater, roof runoff or subsurface drainage into a building sanitary sewer lateral, the sanitary sewer system or to allow any inflow into the sanitary sewer system other than as specifically allowed by this chapter.
C. 
Prohibited Discharges. No discharge shall be made to a building sanitary sewer lateral or the sanitary sewer system that does not meet all requirements as established by the city.
D. 
Additional Prohibited Uses. No person shall discharge any of the following waters or waste into the sanitary sewer system:
1. 
Any unpolluted industrial process water.
2. 
Any liquid or vapor having a temperature detrimental to the sanitary sewer system.
3. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
4. 
Any water or waste which contains fats, oils, or grease in excess of those standards established by the city.
5. 
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-inch in any dimension.
6. 
Any sand, cement, lime, plaster, 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, paints 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 sanitary sewer system.
7. 
Any 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.
8. 
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, the Civic Center wastewater treatment facility, or personnel.
9. 
Any waters or wastes containing more than 500 milligrams per liter of suspended solids.
10. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
11. 
Any radioactive wastes.
12. 
Any waste having more than one milligram per liter of sulfides.
13. 
Any waste having a pH of less than 5.5 or more than 10.5.
14. 
Any material that obstructs or prevents the effective maintenance or normal operation of the sanitary sewer system.
15. 
Wastewater from any recreational vehicle.
E. 
Sampling Structures. The director shall have the right to require any 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 sanitary sewer lateral. The design of the structure shall be completed by a licensed engineer approved by the director or shall be consistent with standards as established by the director.
(Ord. 414 § 1, 2017)
A. 
Permit Required. A city construction permit shall be obtained before construction, repair, or abandonment of a building sanitary sewer lateral and appurtenant facilities including sampling structures; however, no permit shall be required for the clearance of sewer stoppages in a privately-owned building sanitary sewer lateral that does not involve construction or repair to the sanitary sewer system.
B. 
Permit Application. The applicant or applicant's authorized representative shall apply for the construction permit as established by the city. No permit shall be issued until the following has been submitted:
1. 
Site plan showing the proposed location of the building sanitary sewer lateral including location of the connection to the Civic Center wastewater treatment facility sewer, all clean outs on the building sanitary sewer lateral, and any sampling structures required.
2. 
List of materials that shall be used to construct the building sanitary sewer lateral.
3. 
Verification that the contractor providing construction/repairs of the building sanitary sewer lateral has an active California Class A license.
4. 
Payment of building sanitary sewer lateral building permit fees as follows:
a. 
For a new building sanitary sewer lateral and inspection thereof, the applicant shall pay the current city building sanitary sewer lateral construction permit fee as set from time to time by a resolution of the city council.
b. 
For replacement or repair of a building sanitary sewer lateral and inspection thereof, the applicant shall pay the current city building sanitary sewer lateral construction permit fee as set from time to time by a resolution of the city council.
C. 
Form and Conditions of the Permit. The permit, when issued by the director, shall constitute permission to perform 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. Permits shall not be transferable.
D. 
Notice of Commencement of Work. The permittee shall give notice of the time of commencement of the work to the director and underground service alert, as required by law, at least 24 hours before work is started.
E. 
Revocation of Permit. The director may revoke a building sanitary sewer lateral permit for noncompliance with any applicable laws, regulations, or conditions of the permit.
F. 
Preliminary Inspection. A preliminary inspection of the building sanitary sewer lateral shall be obtained when the permitted scope of work is installed and under a leak test as established by the director.
G. 
Final Inspection. A final inspection of the complete installation of the building sanitary sewer and final approval shall be obtained prior to the use and/or discharge in to the sanitary sewer system.
(Ord. 414 § 1, 2017)
The director is authorized to make rules and regulations for the implementation, operation, administration and enforcement of this chapter. All rules and regulations issued pursuant to this section shall be in writing and made available upon request.
A. 
Standards. All construction standards and methods shall comply with the city of Malibu Building Sanitary Sewer Lateral Installation Guidelines, the current adopted edition of the Malibu Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, and the applicable standard of the American Society for Testing and Materials. The director shall be responsible for resolving possible conflicts between any of these standards.
B. 
Design.
1. 
All aspects of the building sanitary 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 shall be in conformance with this code, the current adopted edition of the Malibu Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, and applicable ASTM standards.
2. 
Any new connection of a new building sanitary sewer lateral to the sanitary sewer system, or any connection of a new building sanitary sewer lateral to an existing fitting at the sanitary sewer system main, shall be inspected by the director or authorized representative, prior to the actual connection construction occurring for verification of the proper design, materials, and methods, which shall be in compliance with this code. Unauthorized and non-conforming connections to the sanitary sewer system main can only be repaired by the city. The cost of repairing any unauthorized or non-conforming connections to the sanitary sewer system main shall be the responsibility of the property owner to which such connection serves.
3. 
Whenever possible, the building sanitary sewer lateral shall be brought to the building at an elevation below the basement floor. Within buildings where any interior building sewage drain is below the sanitary sewer main or sewer lateral such that proper flow via gravity as specified by this code cannot be achieved, this sanitary sewage can be discharged by means of an approved mechanical sewage pump facility and discharged into the building sanitary sewer lateral system. The design of said pumping system shall be in accordance with this code, other applicable codes and regulations, and receive the approval of the director during the construction permit plan check process prior to the issuance of a building sanitary sewer lateral construction permit or plumbing permit, as applicable.
C. 
Materials. All materials used in the construction, repair, or replacement of any building sanitary sewer lateral shall be in conformance with requirements established by the city, applicable city of Malibu Guidelines, the current adopted edition of the Malibu Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, applicable standard of the American Society for Testing and Materials and any other applicable standard the city may deem appropriate. All materials used must be water-tight including joints and fittings.
(Ord. 414 § 1, 2017)
All measurements, tests, and analyses of the characteristics of waters, wastewaters and their conveyance to which reference is made in this chapter, shall be determined in accordance with this chapter, APWA Standard Specifications for Public Works Construction, the current adopted edition of the Malibu Plumbing Code, and the Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association and the American Water Works Association, and Guidelines as set by the director.
(Ord. 414 § 1, 2017)
A. 
Responsibility. It shall be the responsibility of the property owner to perform all required maintenance, repairs and inspections to keep the building sanitary sewer lateral in the condition as specified by subsection B.
B. 
Required Maintenance. The building sanitary sewer lateral must be maintained to meet the following minimum requirements:
1. 
Free from roots, grease deposits, and other solids which may impede the flow or obstruct the transmission of waste.
2. 
All joints shall be tight and all pipes shall be sound to prevent exfiltration by waste or infiltration or inflow by groundwater or stormwater or other non-approved sources.
3. 
Pipe shall be free of any structural defects, cracks, breaks, or missing portions and the grade shall be uniform without sags or offsets.
4. 
No area drains, foundation drains, roof leaders, sump pumps, back flush washout, or other direct or indirect connections that allow stormwater, groundwater, or other non-approved water or waste source into the building sanitary sewer lateral will be allowed.
5. 
Have a two-way clean out located approximately two feet outside the building footprint or in a location approved by the director. All clean outs shall be securely capped with an approved cap at all times, except during maintenance activities. Approved access boxes appropriate for the condition in which they are located shall be used and marked for the termination of clean out caps.
6. 
Free from breaks, openings, and rat holes.
7. 
Free of any material that obstructs or prevents the effective maintenance or normal operation of the building sanitary sewer or the sanitary sewer main.
8. 
Property owners and food service operators are required to control the discharge of FOG into the sanitary sewer system from their properties or food service establishments, and not cause or contribute to FOG related sanitary sewer overflows, blockages, or increased maintenance in the sanitary sewer systems according to current and future standards as established by the director. The city may require FOG pretreatment and management at the reasonable discretion of the director.
9. 
The director shall determine the criteria and acceptable methods of evaluating building sanitary sewer laterals to ensure compliance with the above requirements.
C. 
Required Inspections, Replacement and Compliance Certificate.
1. 
Owner Responsibilities. It shall be the responsibility of the property owner to perform all required inspections of their building sanitary sewer, obtain all required construction permits, perform all required construction, schedule and pass the leak test, obtain and file with the city, a compliance certificate, and obtain a final inspection approval from the city for their building sanitary sewer lateral when one or more of the following triggering events occurs:
a. 
Title Transfer. Prior to the sale or transfer of a parcel or the fee interest in that real property estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be considered a "title transfer" for purposes of Chapter 17A:
i. 
Transfer by a fiduciary in the course of the administration of a decedent's estates, guardianship, conservatorship, or trust.
ii. 
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.
iii. 
Transfer made by a trustor to fund a living trust.
iv. 
Transfer made to a spouse, to a registered domestic partner as defined in Section 297 of the State of California Family Code, or to a person or persons in the lineal line of co-sanguinity of one or more of the transferors.
v. 
Transfers 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.
b. 
Construction and Remodeling. Whenever a property owner or authorized agent applies for a building permit for any type of construction on the subject property that exceeds $100,000 in construction cost.
c. 
Change in Water Service Size. Whenever a property owner or authorized agent applies to the Water District 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 notice of violation from the city with respect to the condition of the building sewer lateral based on testing conducted by the city or its authorized representative.
e. 
City Inspection. Whenever the property owner or authorized agent has received a written communication from the city with respect to the condition of the building sanitary sewer lateral based on observations from the city or its authorized representative evidencing damage or non-compliance with this chapter is likely to have occurred.
(Ord. 414 § 1, 2017)
A. 
It shall be the responsibility of the property owner to comply with all time limits set forth by the director for any work related to this chapter that is pertinent to their property. The time limit for compliance will be reasonably established by the director and specified in written communication and/or notice of violation to the property owner. Non-compliance in excess of said time limits is a violation of this chapter and subject to cost recovery and administrative penalties as specified in this chapter.
B. 
Emergency Work. Nothing in this chapter shall prevent any reasonable person from doing such work and making such excavations as may be necessary for the preservation of life or property or the environment when such necessity arises; provided, however, that the person doing such work or excavations shall obtain a construction permit as specified in this chapter on the next working day.
C. 
Right of Entry. The director or the director's authorized representative(s) may enter a building or property at any reasonable time for the purpose of maintaining, inspecting or testing any part of the sanitary sewer system. If such building or property is occupied, he or she shall first present proper credentials and request entry. If such building or property is not occupied, he or she shall first make a reasonable effort to locate the owner other persons having charge or control of the building or property and request entry. If such entry is refused, the city shall have recourse to such remedies as are provided by law to secure entry.
D. 
Emergency Work by City.
1. 
Whenever the director determines a violation of this chapter presents an immediate danger to the health and safety of person(s) or property or to the general welfare of the city unless immediately corrected, and there is not time to seek a court order or administrative order granting permission to abate the violation, the violation may be summarily abated. Abatement shall include only such actions as are required to alleviate those conditions that present the immediate health, safety and/or welfare concerns, and may include, without limitation, the erection of barricades, warning lights, and other protective devices upon public or private property. Prior to abating the violation the director or the director's authorized agent shall attempt to notify the owner or possessor of the property of the violation and request immediate abatement.
2. 
If emergency abatement work is performed pursuant to this section, the city shall provide the party responsible for the violation with a post-abatement notice of the cost of abatement and the health, safety and/or welfare concerns that required immediate abatement. The notice shall also specify the time, date and place for a hearing before the city council where such party may contest the validity of the emergency work. The hearing shall be set for 15 days from the date of the notice, or the next regular meeting of the city council after such date. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property at his or her last known address. The decision of the city council shall be final, and the city clerk shall notify all owners and possessors of the property of the decision of the city council.
3. 
The director or the director's authorized agent shall document the health, safety and/or welfare concerns that require immediate abatement, all corrective measures taken in the abatement, and the costs thereof. These costs may be recovered pursuant to Sections 8.28.070 through 8.28.090.
E. 
Order to Abate. The director shall investigate all dangerous and unsanitary conditions existing in or about building sanitary sewer lateral and may periodically require that building sanitary sewer lateral be tested. If such a condition is a danger 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 building sanitary sewer lateral and/or the sanitary sewer system, or to discontinue all construction work with respect to the building sanitary sewer lateral, and to abate the condition in such manner as shall comply with the law. Any stoppage or break in the watertight integrity of the building sanitary sewer lateral shall be conclusively presumed to be a danger to life, health, safety or property for purposes of requiring abatement of such a condition.
F. 
Time Requirement for Emergency Building Sewer Lateral Repair. Upon notification by the city of a faulty building sanitary sewer lateral which has been deemed an emergency situation by the director, the property owner shall repair or replace said faulty building sanitary sewer lateral within 48 hours from the date of notification, verbal or written. If the property owner fails to comply with said order, the city shall have the right to make or have made the necessary repairs and recover said costs as authorized by this code.
(Ord. 414 § 1, 2017)
Every person owning real property which is connected to the city sanitary sewer facilities shall pay a charge for sewer service based upon the use of such property in accordance with the city fee schedule for the assessment district.
(Ord. 414 § 1, 2017)
The city shall have the authority to recover from the property owner, the city's expenses incurred in responding to, abating, or repairing any building sanitary sewer overflow from a building sanitary sewer lateral not otherwise addressed by the property owner in a timely manner as specified in this code. The city may collect the incurred costs by use of all legal means, including the recordation of a lien against said property.
(Ord. 414 § 1, 2017)
In addition to all other enforcement options available to the city, violation of this chapter shall be subject to Chapter 1.10 of this code and the administrative penalty provision provided herein, except that the following penalties shall apply to violations of this chapter:
A. 
Five hundred dollars for the first violation which remains out of compliance in excess of the time limit established in the first notice of violation.
B. 
One thousand dollars for the second violation occurring within three years of the first violation.
C. 
Two thousand five hundred dollars for each additional violation exceeding two violations within three years of the first violation.
(Ord. 414 § 1, 2017)