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California

Sanitary Sewer Lateral

Background

In 2008, the City of Pinole commissioned a Sewer Master Plan Study. The study revealed that the City had a large Inflow and Infiltration problem both with private sewer laterals as well as public collection lines. Wet weather flow during rainfall events enters the sewer system through old, cracked pipes and can exceed the capacity of the Pinole-Hercules Wastewater Pollution Control Plant.

Infiltration and inflow diagram showing the flow of the sanitary sewer system

Based on the 2008 findings, the City’s National Pollution Discharge Elimination System (“NPDES”) permit, which is administered by the San Francisco Bay Regional Water Quality Board, requires that the City adopt such an Ordinance by February 1, 2013 to reduce inflow and infiltration. The Private Sewer Lateral Ordinance was adopted by the City of Pinole on November 20, 2012.

The City has been working to reduce the inflow and infiltration issues under the city’s control thus reducing possible overflow issues to community streets, local creeks and waterways. Thousands of dollars have been spent to date to address these issues through repairs to leaky manholes and lining of main sewer collections lines. These projects have assisted to reduce a small portion of inflow and infiltration.

As a large portion of inflow and infiltration occurs through private sewer laterals, the City has adopted a Private Sewer Lateral Ordinances that require property owners to repair or replace damaged private sewer laterals that connect buildings to the main sewer collection line.

City of Pinole Municipal Code – Sanitary Sewer Lateral §13.20

City of Pinole adopted a Sanitary Sewer Lateral Ordinance Pinole on November 20, 2012, §13.20. The purpose of City of Pinole’s ordinance (Sanitary Sewer Lateral Ordinance ) is to:

  1. Provide for operation and maintenance of the City’s sewer system in a reliable and serviceable condition;
  2. Eliminate or minimize sanitary sewer overflows by eliminating or minimizing stoppages and reducing sources of inflow and infiltration into the City’s sewer system;
  3. Comply with applicable legal requirements pertaining to the City’s sewer system;
  4. Protect the public health and safety by establishing and providing a mechanism for enforcing performance standards for private sewer laterals that connect or are connected to a Public Sewer main; and
  5. Comply with the goal of the City’s Sewer System Management Plan which was adopted at the request of the State Water Resource Control Board, and to maintain all parts of the sewer system and reduce and prevent sanitary sewer overflows.

It is the responsibility of the property owner for the inspection and, if necessary, repairs to the sanitary sewer lateral. The inspection is to be conducted by a state licensed contractor hired by the responsible party.

During the sale of a property it is not uncommon for the buyer and seller to negotiate who will assume the responsibility for any required repairs.  If the buyer assumes responsibility for the repairs, they must be completed within 90 days of close of escrow.

§13.20.040 – Unlawful to Maintain Defective Sewer Lateral or Improperly Connected Sewer Lateral

It shall be unlawful for any property owner to maintain a building sewer lateral in a defective condition. As used in this chapter, DEFECTIVE CONDITION includes, but is not limited to:

  1. Displaced joints, leaks or breaks;
  2. Root intrusion;
  3. Substantial deterioration;
  4. Damaged, uncapped or missing sewer clean-out;
  5. Damaged or missing backflow prevention device;
  6. In a condition that will allow infiltration and inflow of extraneous water, including, but not limited to rain, storm water or groundwater, or which allows exfiltration of sewage;
  7. In a condition that materially increases the possibility of a blockage or overflow;
  8. Constructed without a proper permit or with materials not approved by the city;
  9. Lack of a manufactured connection to the city’s sewer system;
  10. Otherwise in violation of city requirements; or
  11. In such a condition that the tests required by this chapter cannot be accomplished to the satisfaction of the city.

 All sewer laterals or sewer clean-outs which contain sump pumps, down spouts or yard drains that discharge into the public sewer, and all other sources of accidental, negligent or intended introduction of storm run off or similar waters into the public sewer are hereby declared unlawful and are a public nuisance, and shall be abated by the property owner, who is hereby required to remove or correct such improper sewer connections.

§13.20.050 Events Triggering the Requirement to Undergo Sewer Lateral Cleaning and Inspection

A. Except as provided in subsection B of this section and as provided in Section 13.20.060 (Common Interest Developments), all building sewer laterals for those new or existing buildings including but not limited to those serving residential, multiple residential, commercial and industrial properties that are connected to the public sewer, shall be cleaned and inspected as required in this chapter and at the property owner’s expense when any of the following events occur:

  1. The application for a certificate of occupancy for a new building.
  2. The installation of additional plumbing facilities that produce a major increase (in the sole judgment of the city) in sewage flow from the house, building, property or other structure served.
  3. A change of use of the house, building, property or other structure served from residential to business, commercial, or other non-residential use; or from non-residential, non-restaurant, non-commercial, non-industrial to restaurant, commercial or industrial uses.
  4. Upon repair or replacement of any portion of a building sewer lateral.
  5. Upon determination by the city that the cleaning, testing, repair or replacement is required for the protection of the public health, safety and welfare.
  6. Prior to the close of escrow upon a sale or other transfer of the house, building, property or other structure served or, if there is no escrow, prior to recording a deed or other document transferring title to the house, building, property or other structure served. A transfer of ownership between family members or into a revocable or irrevocable living trust does not require testing if reassessment of property value is not required by the Contra Costa County Tax Assessor.
  7. In a probate or other testamentary proceeding or in the event of a transfer pursuant to the terms of a joint tenancy termination, tenants in common termination, or other similar instrument, within one hundred eighty (180) days after the sale, transfer or conveyance of the house, building, property or other structure served.

B. The following are exceptions to the sewer lateral cleaning and inspection requirements provided in subsection A of this section:

  1. Those buildings that were built within ten (10) years or less of the enactment of this chapter; or
  2. Buildings that have a building sewer lateral that was replaced within ten (10) years of the triggering event provided in subsection A of this section.
Private Sanitary Sewer Laterals

The Private Sanitary Sewer Lateral is that part of a drainage system which extends from the end of the building sanitary drain and is discharged into a public sewer system or other point of disposal. The Private Sanitary Sewer Lateral shall terminate at the WYE or other manufactured connection to the public sewer system.

The maintenance and repair of the entire private sanitary sewer lateral is the responsibility of the property owner. Properties meeting certain conditions are required to obtain a Compliance Certificate as proof that their Private Sanitary Sewer Lateral has passed a verification test.

How to Obtain a Sewer Lateral Certificate of Compliance

To obtain a Sewer Lateral Certificate of Compliance the property owner must do one of the following:

Option 1. Must apply and submit a Sewer Lateral Video Application and sewer lateral video. Submitted sewer lateral video must be in accordance of §13.20.070 Inspection Procedures and Criteria and the sewer lateral video must contain the following:

  • Date stamp and time on video footage.
  • Video footage from the property clean out to the city main and back.
  • Video footage of the property cleanout and backflow/overflow prevention device.
  • Linear footage of sewer lateral.

Note: If the sewer lateral review results in the issuance of a deficiency notice noting the defective conditions issued by the City, it is the property owner responsibility to make repairs as required per 13.20.080(A) Mitigation Of Failed Test Or Inspection. A permit will be required for the repair of the private sewer lateral with the exception of the installation of a backflow/overflow prevention device.

Option 2. Apply for a Private Sewer Lateral Permit and complete the replacement of the full sewer lateral. Must pass all testing requirements and post video inspection.

When all conditions are met to the satisfaction of the city, the building sewer lateral shall be certified as complying with the provisions of the Pinole Municipal Code. The city shall thereupon issue a certificate of compliance to the property owner, noting that the building sewer lateral serving the property is properly equipped, structurally sound and meets the requirements of the city. Once a certificate of compliance is issued, the private sewer lateral for which the certificate of compliance is issued shall not require testing for a period of ten (10) years from the date of issuance of the certificate of compliance unless the city has reason to believe the building sewer lateral is in a defective condition. The certificate of compliance shall not imply a warranty or guarantee of any kind.

Permitting and Guidelines

A sewer permit is required for public works staff to review the sewer lateral video or to conduct sewer lateral repairs/replacements. For more information please visit our Public Works Permitting page for more information.

Public Works Permit Information

Sewer Lateral Guidelines

The Pinole Sewer Lateral Administrative Guidelines were developed to explain the program and outline the process necessary for complying with the Ordinance requirements. The guideline topics include; when inspections are required, exceptions, inspection procedures, inspections for remodels, and common interest developments, enforcement and penalty for non-compliance, coordinating sewer later repairs with City improvement projects, and temporary deferrals for installation of sewer laterals.

Inspection Requirement (PMC §13.20.040, 13.20.050, 13.20.060, 13.20.080)

This Chapter of the Pinole Municipal Code requires property owners to clean and/or test private sewer laterals every ten years, and upon certain qualifying events.
A. Private sewer laterals must be cleaned and/or inspected in response to:

  1. The application for a certificate of occupancy for a new building.
  2. The installation of additional plumbing facilities based on the number of fixtures, which (in the City’s judgment) produce a major increase in sewage flow from the building
  3. A change in the use of the building (for example, from residential to commercial or vice versa).
  4. Sale of a building, prior to the close of escrow.
  5. Within 180 days of the transfer of a building in a probate or testamentary proceeding.
  6. A Notice of Required Inspection by the City of Pinole.

For common interest developments (multiple family condominiums, townhomes or apartment complexes) in which several properties share one sewer lateral, the owner(s) must submit to the City proof of cleaning and testing every ten years.

B. Private sewer laterals must be repaired or replaced in response to the following:

  1. Any portion of a private sewer lateral being repaired or replacement.
  2. A spill from a private sewer lateral.
  3. An illegal connection from sump pumps, down spouts, yard or drains
  4. Observation of lateral problems (visible roots or grease in the line, failed service
    connection to the mainline) during inspection of City lines.
  5. Potential problems noted during smoke testing and/or air testing or video testing (smoke
    emitting from the ground or connection of outdoor drain).
  6. A notice, from the City Director of Public Works, that the private sewer lateral is
    defective
  7. It is determined, after compliance with Section A above that the sewer lateral is in need
    of repair or replacement.
Exceptions

Sewer Lateral Inspection and Repairs are not required for the following circumstances:

  1. Buildings that were built within ten years of the enactment of Chapter 13.20 of the Code.
  2. Buildings that had sewer lateral cleaning and testing within the last ten years, even if one
    of the qualifying events listed above occurs.
  3. A transfer of ownership between family members or into a revocable or irrevocable
    living trust does not require testing if reassessment of property value is not required by the Contra Costa County Tax Assessor.