Private Sewer Lateral Ordinance Town Hall Workshop

Private Sewer Laterals Wednesday, May 24, 2023 Placerville Town Hall – 549 Main Street 1 Introductions • Pierre Rivas, Development Services Director • Greg Horsfall, Building Official 2 Agenda • Background • Definitions • Importance of Sewer Maintenance • Private Sewer Lateral Ordinance • Private Sewer Maintenance Agreement • Frequently Asked Questions • Open Forum • Contact Information 3 Background • The City’s first sewer collection systems were constructed in the late 1920s and early 1930s. • During that time period, Orangeburg pipe (primarily manufactured in Orangeburg, New York) was commonly used which is constructed of wood mulch and pitch. • In the 1970s, Orangeburg pipe was replaced with PVC pipe and other materials. 4 Background • Many of the City’s collection system components also include privately owned sewer services, laterals and shared common private lateral systems, serving multiple buildings and/or properties. • These private sewer systems ultimately connect to the publically owned City Sanitary Sewer System. 5 Background • In 1998, the City performed a sewer smoke test on the public and private sewer systems and determined that most of the inflow and infiltration (I&I) originated from failing private sewer laterals and private sewer systems. 6 Definitions • California Plumbing Code: The most recent addition of the California Plumbing Code, published by the California Building Standards Commission. • Certification of Lateral Compliance (COLC): The certification issued by Development Services certifying that a private sewer lateral (PSL) complies with the standards set forth in the Plumbing Code. • Main or Sewer Main: Any public sewer pipe within a public or private street or right-of-way receiving or intended to receive the discharges of one or more private sewer laterals (PSLs). 7 Definitions • Plumbing Fixtures: Includes sinks, baths, showers, toilets, dishwashers, and washing machines. • Private Sewer Lateral (PSL): A pipe or pipes that carry wastewater and liquid waste from the structure(s) privately served that connects to the public sewer main. • Common Private Sewer Lateral: Connects more than one home or business to the public sewer main and may span across multiple parcels. 8 Definitions • Private Sewer Maintenance Agreement (PSMA): The recorded maintenance agreement required by the California Plumbing Code. This agreement is recorded in the office of the County Recorder, as part of the conditions of ownership. • Sanitary Sewer Overflow (SSO): A condition whereby untreated sewage is discharged into the environment prior to reaching sewage treatment facilities. 9 Importance of Maintenance • Proper maintenance of Private Sewer Laterals are necessary to:  Eliminate or minimize sewage overflows and spills  Mitigate surface water pollution  Protect fish and wildlife habitat  Protect the public health and safety 10 Ordinance Summary • The goal is to protect the health and safety of the public, keep our city clean, and maintain the City’s overall sewer system by regulating Private Sewer Laterals to: • Reduce or eliminate the discharge of sewage into the environment. • Reduce or eliminate sources of inflow and infiltration (I&I) into the City’s sewer system. • Our objective is to proactively address the damaged and failing private sewer systems for: • All Private and Common Private Sewer Laterals and • To ensure that all property owners served by a common lateral are equally responsible for the maintenance and/or replacement costs. 11 Ordinance Purpose • This Ordinance is focused on: • Providing a greater level of protection to the City’s sewer system, the environment, and public health and safety. • Taking a proactive approach with specified triggers to initiate the testing and inspection of the private systems and determine integrity. • Establishing regulations and enforcement for the inspection, testing, repair, replacement, and ongoing maintenance of PSLs, resulting in the issuance of a Certification of Lateral Compliance (COLC). 12 Ordinance Applicability & Responsibility • This Ordinance applies to all private sewer laterals that connect to the City’s municipal sewer collection system. • The property owner is responsible for all maintenance and repairs of their private sewer lateral. • Property owners are collectively responsible (share the cost) for all maintenance and repairs served by a common private sewer lateral. • Property owners must report to the City of any wastewater that is released from a PSL to the surface resulting in a SSO or spill within 24 hours. 13 Ordinance Plumbing Requirements • All Private Sewer Laterals (PSL) must meet the following standards and requirements of the California Plumbing Code, which include: • The PSL shall be kept free of roots, grease deposits, and other solids which may impede or obstruct the flow. • All joints shall be tight and all pipes shall be sound and free from structural defects, cracks, breaks, openings, etc. • The grade shall be uniform without sags of offsets. • The PSL shall have an exterior private two-way cleanout; with all cleanouts securely capped at all times. • The PSL shall be equipped with an approved backflow device. 14 Ordinance COLC Requirements • All Property Owners must obtain a Certification of Lateral Compliance (COLC): • Before completing a title transfer, unless a COLC is already in place or the property owner(s) were granted an extension • One or more structures are subdivided • Addition of two or more plumbing fixtures • Remodel where the cost is equal to or exceeds 25% of the market value of the structure • Repair or replacement of Private Sewer or PSL • Where the PSL was installed more than 10 years ago • Following an SSO spill or complaint of spill or back up 15 Ordinance Repair or Replace PSLs • Contractors must meet all state and local licensing requirements prior to performing any work on private sewer laterals or private sewer systems. • In the instance where encroachment in the public right-of-way is needed for the repair, an encroachment permit must first be obtained from the City Engineer. 16 Ordinance Right of Entry • The City may enter, inspect, collect water/wastewater samples, and test any buildings, structures, or premises to secure compliance or prevent a violation. • The City will provide at least 10 business days’ notice to the property owner of the intent to enter, unless there is an emergency threatening the public health, safety or welfare. • The City may request that a property owner provide all written record of PSL inspection, maintenance, repair and replacement at the time of inspection or within 10 or more business days after receipt of the request. 17 Ordinance Enforcement • Violations of this Ordinance include failure to: • Obtain a COLC when one is required • Comply with the Building Official’s requirements for Repair, Replacement and Verification Inspection • Perform work without appropriate licensing • Perform work without first obtaining a building permit • Obtain a City encroachment permit, if the work is to be performed within the City right-of-way 18 Private Sewer Maintenance Agreement • A Private Sewer Maintenance Agreement (PSMA) is recommended when a common private sewer lateral exists on two or more adjoining lots. • All property owners utilizing a common private sewer lateral are encouraged to: • Execute a PSMA and collectively repair or replace the Private Sewer Lateral or • Make a direct connection to the public sewer system per the California Plumbing Code. • Each property owner is jointly responsible for maintenance, repair, and/or replacement of the common private sewer 19 lateral. Frequently Asked Questions • Who does the Ordinance apply to? • The Ordinance applies to all private sewer laterals (PSL) that connect to the City’s public sewer collection system. • What does the Ordinance require? • The Ordinance requires a Certification of Lateral Compliance (COLC) which initiates any repairs or replacements necessary to bring a PSL into compliance with the California Plumbing Code. • What are the triggers? • Triggers include: title transfer, one or more structures subdivided, addition of two or more plumbing fixtures, repair/replacement of PSL, following a Sanitary Sewer Overflow (SSO) spill or complaint of sewer spill or back up. 20 Frequently Asked Questions • Will any remodeling trigger meeting the new requirements? • Yes, when the remodeling includes two or more new plumbing fixtures (toilet, sink, tub, etc.), or if the remodel work is equal to or exceeds 25% of market value of the structure. • Does this Ordinance affect all structures residential, commercial, public or private, HOA’s, etc.? • Yes, the Ordinance affects all structures connecting to the City’s public sewer collection system. 21 Frequently Asked Questions • Will this prohibit the sale of my home/building without these upgrades installed? • Yes, you cannot complete a title transfer until upgrades are made, if determined to be required. • A Certificate of Lateral Compliance (COLC) is required on all PSLs. • A time extension may be granted where the work has begun and may not be completed prior to close of escrow. • Is a pipe inspection and permit required before you can sell your home? • Yes, close of escrow requires obtaining a COLC if the lateral is 10 years old or unless an extension has been granted. 22 Frequently Asked Questions • Will I need to pay for sewer line replacement from my structure to the City’s main line (usually located in the street)? • Yes, this is the “privately” owned sewer lateral and it is not the responsibility of the City to replace it. • Can I do the work or will I need to pay for a specialist to perform all work? • The property owner can install his or her own private sewer service and/or lateral. • However, only a licensed plumbing contractor (C-36) can connect the private sewer lateral to the City’s public sewer main and perform work within the City’s right-of-way. 23 Frequently Asked Questions • Will this Ordinance mean that virtually every road and/or sidewalk will have to be trenched open, and that private property owners are responsible for its eternal maintenance? • Yes, the property owner is responsible for the maintenance of any sidewalk fronting their property regardless of any trenching work. • Once the work in the roadway is complete and a final inspection has been performed to the satisfaction of the City, the property owner is no longer required to maintain the pavement in the roadway. • Does this mean that I will be financially responsible in perpetuity if the road patch subsides? • No, once the work is complete and a final inspection is approved, the property owner is no longer required to maintain the pavement in the roadway. 24 Frequently Asked Questions • Will the City be able to enter your premise without notification? • Per the Ordinance, the City is required to provide at least 10 business day notice prior to entry. • The City may enter at any time if there is a suspected SSO in the interest of public health and safety. • City may also enter private property per City Code Section 1-4A- 15 to enforce any code violation. 25 Frequently Asked Questions • Is an encroachment permit required when doing any work on City property, i.e. roads? • Yes, an encroachment permit is always required when doing work within the public right-of-way. • With the City passing a half cent sales tax to pay for infrastructure and raising water and sewer rates, why is the City not paying for these improvements? • The money from Measures H and L are for making improvements to the public sewer system and cannot be spent on privately owned sewer systems. • The water and sewer rates pay for the operation of the public water and sewer systems and cannot be spent on privately owned connections. 26 Frequently Asked Questions • Is it anticipated that the likelihood of these costs to meet these rules would range from thousands to tens of thousands of dollars, for every single structure in the City with a sewer connection? • The cost will vary based on the work being performed, i.e. upgrade, repair, or replacement of the private sewer systems. • Since requirements increase every time the CA Plumbing Code is updated (every 3 years), what does that mean for these requirements? • All improvements to a private sewer system require a plumbing permit, with the minimum requirements of the California Plumbing Code in affect at the time of the repair. 27 Frequently Asked Questions • Does this mean that all maintenance is on the property owner, recommending backflow cleaning every 6 or 12 months, etc.? • All maintenance of a private sewer system is already the responsibility of the owner(s). • The Ordinance does not specify backflow cleaning intervals. 28 Frequently Asked Questions • Is it required to report all spills on your property to the City within 24 hours? • Yes, reporting of any sewer spill(s) is already a State requirement. • How is this process exempt under CEQA? • This Ordinance is exempt from CEQA per Section 15308 of the State CEQA Guidelines, which exempts actions by regulatory agencies for protection of the environment. • This Ordinance will improve maintenance, restoration, enhancement of private laterals, services, and sewer systems to reduce unauthorized spills and release of untreated sewage into the environment. 29 Frequently Asked Questions • Can I file an appeal or request a waiver from these requirements? • The enforcement, levy of fines and penalties, and the right to contest and have a appeal hearing is contained in Title 1, Chapter 4, 4A, 4B of the City Code. • Will a violation of any of this Ordinance result in a lien filed against the property for a Notice of Non-Compliance? • A lien may be recorded against the property in cases where the City has incurred expenses and the property owner fails to repay the City. 30 Open Forum • Public Comment? • Questions? 31 Contact Information Greg Horsfall, Building Official Phone: (530) 642-5577 Pierre Rivas, Director Phone: (530) 642-5569 Development Services Department 3101 Center Street, 2nd Floor Phone: (530) 642-5240 Email: pville.building@gmail.com 32