STAFF REPORT. Modifications to the Mill Valley Municipal Code to Require Inspection and Repair ofprivate Sewer Laterals

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1 TO: FROM: SUBJECT: Mayor and City Council STAFF REPORT Jill Barnes, Director of Public Works/City Engineer Modifications to the Mill Valley Municipal Code to Require Inspection and Repair ofprivate Sewer Laterals DATE: March 2, 2015 Approved for Forwarding: t:: 1 Issue: 2 To consider adoption of an ordinance to amend Title 17 Sewers Chapter Construction and 3 Installation ofthe Mill Valley Municipal Code to establish requirements for the inspection and 4 repairs or replacement ofprivate sewer laterals. 5 6 Recommendation: 7 8 Adoption ofordinance Background: 10 City Council discussed and introduced the ordinance (ATTACHMENT 1) on February 2, to establish requirements for the inspection and repairs or replacement ofprivate sewer laterals, it is now appropriate for the City Council to adopt the ordinance. 14 Next Steps: 15 The ordinance will become effective 90 days after adoption (June 2, 2015). A summary of the 16 ordinance will be published in the local newspaper within 15 days of adoption, as required by 17 state law. Over the next few months staff will alert realtors and title officers of the new 18 requirements make revisions to the Residential Building Report to include documentation of the 19 current status of inspection and repairs for the property, develop forms and process guidance 20 handouts, and develop sewer construction and repair standards and a fee structure resolution for Council consideration. 23 Attachments: Final Ordinance I ITEM 5

2 1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY 4 AMENDING CHAPTER OF THE MILL VALLEY MUNICIPAL CODE 5 REGARDING CONSTRUCTION AND INSTALLATION OF PRIVATE SEWER 6 LATERALS 7 8 THE CITY COUNCIL OF TIlE CITY OF MILL VALLEY does hereby ordain as follows: 9 10 SECTION 1. Section of the Mill Valley Municipal Code is hereby deleted SECTION 2. Section is hereby added to the Mill Valley Municipal Code to read as 13 follows: " Commercial building defined. 16 "Commercial building" means any building, or portion thereof, designed, intended or used to 17 accommodate a business, commercial, mixed commercial and residential or industrial enterprise, 18 or a public or private school." SECTION 3. Section is hereby added to the Mill Valley Municipal Code to read as 21 follows: " Common interest development defined "Common interest development" means a development characterized by individual ownership of a 26 condominium housing unit or a residential parcel coupled with the shared ownership of(or right to 27 use) common areas and facilities, including, but not limited to, condominium projects, community 28 apartment projects, stock cooperatives and planned unit developments, which contains three (3) or 29 more dwelling units and which has a private sewer lateral shared by three (3) or more dwelling 30 units." SECTION 4. Section is hereby added to the Mill Valley Municipal Codeto read as 33 follows: " Inflow, infiltration, and I & I defined. 36 "Inflow" means any water other than sewage that is directed toward or connected to the City's 37 collection system through drainage ditches, open or enclosed culverts, roofdrains, yard or area 38 drains, or any othersource ofstorm or ground water. "Infiltration" means any water other than 39 sewage which enters into the City's collection system through-cracks, breaks, openjoints, or-other 40 deficiencies which may exist in laterals in the City's system. "Infiltration and Inflow" are 41 sometimes referred to as I & I." SECTION 5. Section is hereby added to the Mill Valley Municipal Code to read as 44 follows: 45

3 " SECTION 6. Section ofthe Mill Valley Municipal Code is hereby deleted. SECTION 7. Section is hereby added to the Mill Valley Municipal Code to read as follows: SECTION 9. follows: Lateral sewer, lateral and private sewer lateral defined. "Lateral sewer, lateral or private sewer lateral" each mean a privately owned sewer which conveys sewage from a building to the City's collection system, including all pipes, fittings, and appurtenances, from the outer face ofthe building served to the connection into the City's sewer main, including the connection itself." " Notice to repair defined. ''Notice to repair" means the notice issued by the City Engineer to the Owner advising that the Owner appears to be in violation of this Chapter with respect to the Owner's private sewer lateral, or in violation of this Chapter in a manner of the private sewer lateral's connection to the City Sewer System, which order directs the abatement ofthe identified violation in a timely manner." SECTION 8. Section is hereby added to the Mill Valley Municipal Code to read as follows: " Owner defined. "Owner" means any person, partnership, association, corporation or fiduciary having legal title (or any partial interest) in any real property situated within the City." Section is hereby added to the Mill Valley Municipal Code to read as " Repair defined. "Repair" means a restoration ofthe lateral in a mannerthat eliminates breaks, voids, separations, sags, or other defects that allow non-sewage materials, including but not limited to groundwater, roots, soils, and infiltration, to enter the lateral." SECTION 10. Section is hereby added to the Mill Valley Municipal Code to read as follows: " Sewer main defined. "Sewer main" means a City owned pipeline designed and operated to accept sewage from a private sewer lateral for disposal." SECTION 11. Section is hereby added to the Mill Valley Municipal Code to read as follows: " Sewerservice lateralinspection defined. 2

4 90 "Sewer service lateral inspection" means an inspection ofa private sewer lateral that consists ofthe 91 retention of a licensed plumber by the Owner in order to visually examine and inspect a private 92 sewer lateral in the manner deemed appropriate by the City Engineer. Such an inspection shall, at a 93 minimum, include the use of a closed-circuit television inspection device for the purposes of 94 determining whether the private sewer lateral complies with the requirements ofthis Chapter." SECTION 12. Section is hereby amended in its entirety to read as follows: " Construction, use and maintenance of private sewer laterals A. Findings City fmds and determines that I & I is a serious problem for the City in that during heavy rains 103 a significant amount of water is introduced into the City's system as a result of I & I from 104 breaches in the entire pipeline system that leads to the Sewerage Agency of Southern Marin 105 treatment facility. The I & I is introduced into the City's pipelines and sewer mains from the 106 sewer laterals or unpermitted drainage structures leading from a property to the City's sewer 107 mains. As a result of I & I, the City sewer treatment facilities have the potential to become 108 overburdened during periods ofheavy rains leading to sewage overflows and possible spills 109 into the waters ofrichardson Bay. Such overflows and spills can lead not only to significant 110 fines and penalties against the City by state and federal water regulatory agencies, but may 111 pose a significant risk to the environment, and the health and safety ofthe public at large. The 112 City has determinedthat it is in the public interest to address I & I contributed by private sewer 113 laterals and, as such, it is a City priority to authorize the enforcement ofthe upgrade and repair 114 ofprivate sewer laterals B. New construction private sewer laterals All new buildings shall have installed a new private sewer lateral. A minimum four-inch 119 lateral shall serve single or duplex residential dwelling units. A minimum six inch lateral shall 120 be installed to serve buildings with three or more residential units, and industrial and 121 commercial buildings. Construction shall conform to City standards C. Connection permits Prior to constructing a lateral, the owner shall apply for and obtain a connection permit from 126 the City. The application shall include a plan showing the location of the lateral and the 127 proposed repair or replacement, and all buildings, other utilities, significant features and 128 topography of the property and showing the public right-of-way or easement in which the 129 lateral and the City sewer are located, and the proposed connection ofthe lateral to the City's 130 sewer

5 D. Illegal connections to private sewer lateral. It shall be illegal for a licensed contractor or owner to connect the following to a private sewer lateral: storm drains, roof drains, pool drains, or non-sewage pipes or drains. Violation ofthis Paragraph D is punishable under Paragraphs M and O. E. Ownership, maintenance and repair of private sewer laterals. i. Private sewer laterals shall be owned, maintained and repaired by the Owner of the property, which the lateral serves. The entire lateral, from the building connection to and including the "wye" connection or other-tie-in to the sewer main, shall fall within the Owner's responsibility for installation, maintenance and repair. ii. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral so that it does not cause or contribute to any sewage overflow from either the private sewer lateral or the public sewer. The private sewer lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer. The Owner shall perform such duties as may be required in response to observed overflows or seepage attributable to the lateral, or as discoveredby smoke testing, televising or other surveys ofthe lateral. Where such maintenance requires excavation or replacement ofexisting sewer facilities, the Owner shall apply for and receive a connection permit from the City. F. Mandatory inspections. i. Health and safety basis for requiring a private sewer lateral inspection. An Owner shall have the private sewer lateral of his or her real property inspected in accordance with the requirements ofthis Chapter, as directed and within the time period indicated by the City Engineer (or any designated representative thereof, collectively referred to in this Section as the "City Engineer") upon the occurrence of any of the following events: a. Overflow or Malfunction. Whenever the City Engineer determines that the private sewer lateral has recently overflowed or has recently malfunctioned. b. Lateral Failure or Lack of Maintenance. Whenever the City Engineer finds that there is sufficient evidence to conclude that the private sewer lateral has failed, is likely to fail, or has not been properly maintained. 4

6 c. Public Health Threat. Upon any other reasonable cause to believe that there is a threat to the public health, safety, or welfare due to the condition ofa private sewer lateral. d. Age of pipes or extent of foliage causing higher flow within the service area. Whenever the City Engineer determines that the age of pipes (clay, plastic or other material) in combination with observed foliage (tree roots near the private sewer lateral suggesting root intrusion causing infiltration) or the age of the pipes independently are causing a higher than average flow in a neighborhood or area, the City Engineer may direct an inspection of the private sewer lateral to determine the need for repair. ii. Events requiring a private sewer lateral inspection. An Owner shall have the private sewer lateral of his or her property inspected in accordance with the requirements ofthis Section upon the occurrence ofany ofthe following events: a. Additions and Improvements. Prior to the issuance of a City building permit for a building addition or new improvements on the real property where said addition or improvements (or cumulative additions or improvements through multiple projects over the prior 3 years) have a value of$50,000 or greater. b. TransferofProperty Title. Prior to transferoftitle upon the sale of any real property, the Owner shall provide to the City Engineer an inspection report (as specified in Paragraph H ofthis Section) ofthe private sewer lateral; provided, however, that in the event such inspection report is not provided to the City Engineer prior to transfer of property title, the buyer of the property shall be responsible for providing the inspection report within 30 days after the transfer, and shall be responsible for any needed repairs identified by such inspection. Failure of the buyer to comply with this regulation is punishable in accordance with Paragraph M ofthis Chapter. Prior to transfer oftitle, the Owner must disclose in writing to the buyer that the City requires inspection and repair of the sewer lateral in accordance with this Chapter. This Paragraph F.ii.b, shall not apply to the sale ofreal property in a common interest development. c. City work. Upon written notice from the City that the City will perform work that includes asphalt concrete overlay, road reconstruction or roadwork of a similar scope directly above any portion of private sewer lateral that connects to the sewer main, the Owner shall conduct an inspection of the lateral as directed and within the time period indicated by the City Engineer. 5

7 iii. Exception to inspection for recent prior inspections and repairs. The following exceptions do not apply to any inspection required under Subparagraph i above. The following are exceptions to the inspection requirements of Subparagraph ii above as indicated. a Prior Replacement of Lateral. An Owner otherwise required to perform a private sewer lateral inspection under Subparagraph ii above shall not be required to perform such an inspection if the Owner (or the Owner's predecessor-in-interest) has originally installed or has replaced his or her property's lateral within the twenty (20) years prior to the date of the application for a building permit, listing the property for sale or the road work or sewer repair. b. Prior Inspection or Repair of a Lateral. An Owner otherwise required to perform an inspection under subparagraph ii above shall not be required to perform such an inspection ifthe Owner has either completed an inspection (conducted in accordance with the inspection requirements of this Section) or completed a permitted repair of the lateral within the three (3) years prior to the date the inspection would otherwise be required. The Owner shall bear the burden of proving that the inspection requirements of Subparagraph ii do not apply. The Owner shall provide proofof any prior replacement, inspection or repair of a private sewer lateral in the form of a certificate, a paid bill or any documentation that ensures such prior replacement, repair or inspection ofa private sewer lateral occurred pursuant to exceptions a or b above. The form and content ofthe document or proofmust be deemed sufficient by the City Engineer. IV. This Paragraph F shall apply to any structure which has a private sewer lateral. v, Any Owner may request an administrative review pursuant to Paragraph R, regarding the propriety of an inspection required by this Section, by filing a written notice of appeal with the City Manager no later than 30 days after receiving written notice ofthe need to perform an inspection. vi. When an Owner refuses to provide an inspection required by this Paragraph F, City may conduct a televised inspection and Owner shall be responsible for the costs of such inspection. Should the City's inspection reveal the need for repairs, the City may issue a Notice of Repair to the Owner and require any of the remedies provided in Paragraph I ofthis Section to ensure repairs are made and costs are paid. G. Access to properties for private sewer lateral inspections. i. The City Engineer may inspect laterals for the following purposes: 6

8 H. a. To determine the size, depth, and location ofany sewer connection. b. To determine the end outlet of any sewer connection by depositing harmless testing materials in any plumbing fixture attached heretoand flushing the same, ifnecessary. c. To determine, by measurements and samples, the quantity and nature ofthe sewage or wastewater being discharged into any sewer. d. To determine the location of the roof, swimming pool, floor and surface drains, and whether or not they physically connect to a sewer. e. To assess the condition of the lateral where the City Engineer reasonably suspects that the lateral may be allowing inflow or infiltration. ii. The City Engineer is authorized to enter upon any property or premises within the City to ascertain whether the property or premises is in compliance with this Chapter and to perform a sewer lateral inspection as authorized by this Chapter. All such entries and inspections shall be done in a lawful and reasonable manner. If an owner, lawful occupant, or the respective agent thereof refuses permission to enter and inspect, the City Engineer may seek an administrative inspection warrant pursuant to the procedures provided by California Code ofcivil Procedure Sections through , as may be amended from time to time, or the successor provisions thereto. Lateral inspection report - requirements. i. City standards and specifications. The City Engineer shall establish standards and specifications (the "standards and specifications") for the condition, maintenance and repair ofprivate sewer laterals and for the preparation ofthe lateral inspection report. ii. Inspection report standards. A lateral inspection report shall be prepared in accordance with the standards and specifications and include the following. a The inspection report shall be prepared by a licensed plumber who shall declare under penalty ofperjury that the report is true and correct; b. The inspection report shall identify all ofthe following: I. Any and all defects that could allow infiltration into the lateral or otherwise create a maintenance issue in the City sewer system. 7

9 I. II. III. IV. Whether any connection, by pipes or otherwise, allows rainwater or groundwater to enter the private sewer lateral or public sewer. Whether the private sewer lateral has an installed backwater device where any outlet or trap of the private sewer lateral is below the level ofthe nearest manhole. Ifa backwater device is already installed, the report shall indicate whether the backwater device is functioning properly Any other facts regarding the condition, maintenance and repair of the lateral as required by the standards and specifications. c. The report shall contain an express certification that the property has been inspected for any outdoor drain connection to the City sewer system and that no such unpermitted lateral exists. A licensed plumber who prepares a false lateral inspection report shall be subject to punishment under paragraph M ofthis Section in addition to any other legal remedies or punishment provided by law. Private sewer laterals - required repairs 1. Notice to repair. Upon receipt of the lateral inspection report pursuant to this Chapter, the City Engineer will determine whether it indicates any deficiencies in the operation ofthe private sewer lateral and, thereafter, shall provide the Owner with a Notice to Repair as may be deemed appropriate by the Engineer. The City Engineer shall provide the determination and issue a Notice to Repair within 3 business days after receipt of the inspection report. The Notice to Repair shall specifically identify the deficiencies to be corrected and shall establish a deadline of 180 days, within which the Owner shall complete the required corrective actions. The corrective action may include a requirement that the lateral be replaced altogether and also may include the installation ofcleanouts and backwater valves if those devices are otherwise required by the standards and specifications. ii. Obligations of the owner. The Owner shall complete all corrective action to the satisfaction ofthe City Engineer, and, ifa building permit is required for the repairs, the Owner shall obtain the requisite building permit and a final permit inspection and approval ofthe relevant building official Appeals. Any Owner who receives a Notice to Repair may request an administrative review, pursuant to Paragraph R, regarding the accuracy of the determination or the propriety of any corrective action required by the City Engineer, by filing a written notice ofappeal with the City Manager no later than 30 days after receipt ofthe Notice to Repair. 8

10 iv. Repairs to improper connections consisting of multiple private connections to a common lateral. A private sewer lateral serving more than one residential dwelling, except as provided for in Paragraph K, is an improper connection and shall be repaired or replaced as deemed appropriate by the City Engineer. The Owner of each affected residential dwelling shall be responsible for disconnecting their private sewer lateral from the common lateral and connecting to the nearest sewer main. v. Failure to repair. Should an Owner fail to conduct the required repairs within the time required by the Notice to Repair, the City may pursue the following to ensure that the repair or replacement is completed: a. Public Nuisance. Whenever the City Engineer believes a public nuisance exists as a result of inadequate, improper or negligent operation or maintenance ofany private sewer lateral or appurtenance thereto which may endanger public health and safety, the City Engineer shall commence abatement proceedings pursuant to Chapter 8.04 of this Code, including but not limited to recovery of the costs ofabatement. b. Disconnection of Private Sewer Lateral to Sewer Maim"! The City shall have the right to commence proceedings in Marin Superior Court to seek a court order disconnecting the private sewer lateral from the sewer main, thus leaving the home, building or industrial facility without sewer service. The City shall have the right to recover its attorney fees and costs for the pursuit ofdisconnection. J. Common interest developments The homeowners association of a common interest development shall, along with the Owner, be jointly and severally liable for the duties and obligations imposed by this Chapter in relation to any private sewer lateral located within a common area of the common interest development. If no homeowners association exists, then the individual unit owners shall be jointly and severally liable for the duties and obligations with respect to private sewer laterals established by this Chapter. K. Private sewer laterals - multiple connections One private sewer lateral may serve two or more homes provided that the City Engineer determines the following: 1) the shared sewer lateral existed on or before January 1,2015, and 2) the shared sewer lateral is functioning properly. The owners ofthe residences served by the shared sewer lateral shall jointly be responsible for any repairs. Where multiple residential connections are allowed to one private sewer lateral, the City encourages the homeowners to enter into a maintenance agreement between all ofthe homeowners sharing 9

11 the private lateral to ensure that there is a mechanism in place to pay for required repairs and/or replacement ofthe private sewer lateral. In general terms, a common method is to proportion the costs of the maintenance, repair or replacement among the homeowners sharing the lateral. For example, homeowners upstream of the shared-lateral section requiring rehabilitation would proportion their costs relative to the length of the shared lateral which serves their home divided by the length of the entire shared lateral. The relative percentage may vary along the pipe depending on the number of connections upstream ofthe repair. In the event that the City Engineer determines that the shared sewer lateral is not functioning properly, the City may require the construction of a new private service lateral for each residential single family home or the construction of a new larger private service lateral to accommodate the multiple residences. Owners that are part of a multiple lateral connection are not subject to the transfer of property title requirement in Paragraph F.ii.b. L. Prohibited discharges No person shall discharge or deposit, or cause or allow to be discharged or deposited into the City sewer system any wastewater which contains any ofthe following: cooking grease, beyond a quality incidental to typical household production whether emulsified or not, waste automotive radiator coolant, explosive mixtures, radioactive wastes, solid or viscous wastes which may cause obstruction to the flow in a sewer pipeline, including cleansing wipes or "flushable" wipes, any toxic substances in excess of the United States Environmental Protection City standards pursuant to Section 307 (a) of the Clean Water Act, or any other substances which may interfere with the biological processes of the wastewater system, and petroleum products ofany kind. M. Punishment for violation of this Chapter Failure to comply with the requirements of this Chapter shall be punishable pursuant to Chapter 8.02-Administrative Code Enforcement Remedies and Chapter 8.03-Criminal Prosecution ofthis Code. N. Damage to City sewer system It is unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the City Sewer System. Any violation of this Paragraph shall be punishable under Paragraph M and any violation may constitute other crimes under the California Penal Code or the United States Codes. o. Punishment - contractors Should a Contractor make any connections in violation of Paragraph D of this Section, the Contractor shall be punished in accordance with the provisions of Paragraph M of this Section and the City shall report such a Contractor to the State Licensing Board. 10

12 P. Assistance programs The City Council may establish by resolution one or more programs to assist owners with 450 private sewer lateral repair or replacement Q. Fees The City Council may from time to time establish, by resolution, fees for issuing permits, 455 performing inspections, reviewing reports and other activities of the City performed 456 pursuant to this Chapter R. Appeals A written notice ofappeal must include all facts supporting the appeal and any statements 461 and evidence, including copies ofall written documentation and a list ofany witnesses, that 462 the appellant wishes to be considered in connection with the appeal. The appeal will be 463 heard by the City Manager. The City Manager will conduct a hearing concerning the appeal 464 within 45 days from the date that the notice of appeal is filed, ot on a later date if agreed 465 upon by the appellant and the City Manager, and will give the appellant 10 days prior 466 written notice of the date of the hearing. The City Manager may, by providing a written 467 decision, sustain, rescind, or modify the prior determination being appealed. The written 468 decision of the City Manager is final and effective on the date of service of the written 469 decision on the appellant, is not subject to further administrative review, and constitutes the 470 final administrative decision." SECTION 13. Ifany section, subsection, sentence, clause, or phrase ofthis Ordinance is for any 473 reason held to be invalid or unconstitutional by a decision ofany court ofcompetent jurisdiction, 474 such decision shall not affect the validity ofthe remainingportions ofthis Ordinance. The City 475 Council hereby declares that it would have passed this Ordinance and each and every section, 476 subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to 477 whether any portion ofthe Ordinance would be subsequently declared invalid or unconstitutional

13 479 SECTION 14. This Ordinance shall be effective 90 days following its adoption by the City 480 Council. A summary ofthis Ordinance shall, within fifteen (15) days after passage, be published in 481 accordance with Section ofthe Government Code ofthe State ofcalifornia with the names 482 ofthe City Council members voting for and against it INTRODUCED at a regular meeting ofthe City Council ofthe City ofmill Valley on the 485 day of, 2015 and PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City ofmill Valley on 488 this day of 2015, by the following vote: AYES: 491 NOES: 492 ABSENT: Kenneth R. Wachtel, Mayor 495 Attest: Kelsey Rogers, City Clerk!Administrative Analyst 12