CITY OF SANTA CRUZ TRANSPORTATION AND PUBLIC WORKS COMMISSION AGENDA REPORT AGENDA OF: September 18, 2017 DATE: September 9, 2017 DEPARTMENT: SUBJECT: Public Works Sewer System Ordinance 16.08 Proposed Amendment RECOMMENDATION: That the Transportation and Public Works Commission recommend that the City Council introduce for publication an amendment to the Santa Cruz Municipal Code Chapter 16.08 Sewer System Ordinance. BACKGROUND: The public sanitary sewer collection system includes 6 to 54 inch diameter pipe lines and pump stations that are typically located in the street. The pipe lines can also be located under and across waterways and in easements on private property. The system includes manhole access maintenance structures and are constructed, owned, and maintained by the City. There are approximately 160 miles of public sanitary sewer pipelines in the City of Santa Cruz. These pipelines are cleaned about once per year by the City Public Works Department. Approximately one mile of pipeline is either rehabilitated or replaced each year. City staff estimates there are approximately 16,000 private building sanitary sewers (or sewer laterals) within the City. Sewer laterals are typically 4 inch in diameter and are located from the building to the public sanitary sewer main located in the City right-of-way. City standards require a sewer cleanout located in the sidewalk, in order for these private sewer pipelines to be cleaned and maintained by the property owner (see Figure 1 and 2). The existing Sewer System Ordinance states that all laterals are the responsibility of the property owner. It has been argued that the City should be responsible for that portion of the lateral that is located in the street or City right-of-way. Yet the sewage conveyed by the lateral is solely generated by the occupants of the property and can legally only serve one property parcel. Therefore, it is not for the public benefit that the City maintains or repairs sewer laterals at the expense of the City's ratepayers. In most jurisdictions the private property owner is responsible for the sewer lateral. This includes the County of Santa Cruz Sanitation District, Watsonville, Scotts Valley, Berkley, Oakland, Los Angeles and San Diego. San Jose is responsible for the maintenance of the sewer lateral located with the street. This is the exception not the norm. There are also private sanitary collection systems that are similar to the City s public sewer collection system with manholes, 6 to 8 inch pipe lines and pump stations. These private collection systems can collect sewage from multiple residential or commercial buildings before discharging to the public sewer system (see Figure 3).
PAGE: Page 2 DISCUSSION: The State of California Water Board has identified leaks from private laterals located in the City of Santa Cruz as a source of fecal indicator bacteria in San Lorenzo River. The San Lorenzo River is listed by the State Board as impaired for bacterial loadings. As a result, a Total Maximum Daily Load (TMDL) for Pathogens (Fecal Indicator Bacteria) was adopted by the State for the San Lorenzo River watershed, which also includes Branciforte Creek and Carbonera Creek, within the City limits. The City is listed as a responsible party to reduce the controllable sources of bacteria within its jurisdiction. The City is committed to complying with the state TMDL regulations. In the City s Santa Cruz Storm Water Management Plan (SWMP), a lateral inspection program was one of various programs and measures listed in order to reduce bacteria loadings to the San Lorenzo River watershed within the City. The lateral inspection program will be implemented in order to target and minimize subsurface leakage of sewage from private laterals into ground water and nearby storm drain lines, and to minimize line blockages which can cause spills on streets and sidewalks, and ultimately into the storm drain system. Many communities in California have implemented revisions to ordinances pertaining to the State requirements, and those communities include: Milbrae, Berkeley, Santa Barbara, Oakland, and Richmond. City staff is drawing upon the work of these agencies to amend the City s ordinance. Public Works staff has met with a small group of local plumbers, David Lyng Real Estate and the Santa Cruz County Association of Realtors to discuss the amendments to the ordinance and obtain input. Relators expressed their concerns about the revisions that may cause a sale or escrow to be delayed due to the requirements. Staff responded to include language to allow the Transfer of Responsibility from the Seller to the Buyer which could stream line the inspection process and not delay the sale. Staff is working with the Coastal Watershed Council (CWSC) to promote and disseminate current information concerning the revisions. CWSC has developed a blog site that includes all information about the ordinance revisions and associated material. https://coastal-watershed.org/sewerlateral/ The amendment to the Sewer System Ordinance focuses on four specific areas as follows: Sewer Spills: The current ordinance addresses sewer spills with the amendment strengthening the existing ordinance with deadlines and proof of remedies with the requirement of a video inspection file. When a spill occurs the ordinance has a clear time table that allows the City to pursue possible fees and fines for non-compliance. The property owner is required to stop the spill immediately, hire a plumber within 72 hours, and complete repairs within 14 calendar days, to the satisfaction of the Public Works Department. An approved licensed plumber must submit a completed sanitary sewer inspection form that includes video inspection and proof the sewer lateral has been properly repaired. Inspection upon sale of real property: This requirement will be applied to all residential and commercial properties. The property seller is required to have the property s sewer lateral video inspected per the Sewer Inspection Form provide by the Public Works Department (see attached sewer inspection forms).
PAGE: Page 3 Inspection of the lateral will be evaluated by a Certified Sewer Inspector using a nationally recognized grading system as follows: 1. Grade 5, Pipe is collapsed or a collapse is imminent, 2. Grade 4, Pipe is likely to collapse in the near future, 3. Grades 3, 2, 1 the lateral is in workable condition. The inspection must reveal a lateral that is in usable condition and does not have a grade 5 structural defect. A detailed explanation of the defect rating system is provided in the attached Sewer Inspection Form. This responsibility may be transferred to the buyer. Typically the requirement will result in one of five possible outcomes: 1. The property is exempted if the sewer lateral was constructed within 10 years or passed inspection within 5 years. 2. If the inspection reveals a pipe in good condition, no repairs are needed. Typical cost of inspection is $300 to $500 per lateral. 3. If a video inspection cannot be completed, a new cleanout must be installed or other repair done to facilitate inspection. Typical cost range $800 to $1,500 plus the inspection cost. 4. If the inspection reveals a pipe in usable, but poor condition, such as offset joints, tree roots, and cracked pipe (including grades 3 and 4 structural defects). The City would not require repairs but the seller and buyer would be fully aware of the defects and the associated liability and may negotiate the possible repair. There are several reasons to allow flexibility with grading that does not require repair. Grading of a pipeline is not an exact science. Determining a Structural Grade 5 defect is very straight forward. A Structural Grade 3 or 4 is not easy to discern and the pipeline could serve the property for many years if used and maintained properly. The amendment to the ordinance as proposed will require approximately 20 to 40 hours of City Staff time per week. With more rigid requirements the ordinance could require 2 or 3 full time employees to implement. The ordinance amendments have strong education components that greatly reduce impact from private sewers to the environment. The cost of inspection is estimated at $300 to $500. Repair and replacement costs typically range between $1,000 (spot repair, not in street) to $20,000 (full lateral replacement on Mission Street). Typically the cost to replace a lateral including the cleanout in the sidewalk is between $8,000 and $12,000. 5. If the inspection reveals a pipe in bad condition and unusable, with a grade 5 defect. Pipe must be repaired and a final inspection submitted that includes a video file to the Public Works Department. Cost of inspection is $300 to $500. See above cost range of $1,000 to $20,000 for the lateral replacement. Inspections of private sanitary sewer collection systems: This will be applied to all residential and commercial properties that have a private sewer collection system such as apartment buildings, condominiums, townhouse complexes and planned unit developments. Many times these private sewers are not cleaned or inspected until the complex experiences a blockage or serious sewer spill.
PAGE: Page 4 Private sanitary sewer collection systems will be required to be cleaned using hydro-jetting equipment every 2 or 5 years depending on the size of the collection system. These same collection systems will be required to be video inspected every 10 years. Inspection will include inspection of the building sanitary sewers that are connected to these systems thus precluding the inspection requirement at the time of sale. Inspection of private sanitary sewer lift stations and ejector pumps: Some private sewage collection systems and single family properties have sewer lift stations or ejector pumps in order to facilitate the flow of wastewater from their property uphill to the City sewer main. If a pumping facility services five or more units it shall be inspected annually and facilitates that service less than five units shall have their equipment inspected every five years. Any defect revealed during inspection must be repaired. In order to facilitate the inspection of private sanitary sewers the City is providing training to all interested plumbers that carry out this type of sewer work within the City. This two day intensive training will certify licensed plumbers with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program certification. Only certified inspectors will be qualified to submit inspection forms for approval by the Department, (see inspection forms). A staged implementation schedule for the adopted ordinance amendment after the ordinance is adopted as follows (Ordinances are effective 30 days after adoption, See Figure 4): 1. Sewer Spills: Immediately. 2. Inspection upon sale of real property will begin 12 months after adoption. 3. Inspections of private sanitary sewer collection systems: Begins with largest collection system within twelve months. Direct notification to property owner(s) will provide three months of lead time to begin compliance. 4. Inspection of private sanitary sewer lift stations and ejector pumps: Begins with largest pumping systems within twelve months. Direct notification to property owner will provide three months of lead time to begin compliance. FISCAL IMPACT: Currently the City expends approximately $500,000 per year cleaning public sanitary sewers and over $1,000,000 per year replacing and rehabilitating public sewer collection facilities. The proposed changes to the Sanitary Sewer Ordinance will improve the condition and provide maintenance of the extensive private sanitary sewer systems within the City Limits. Property owners will bear the majority of the unknown costs. The ordinance revision will comply with state law and improve environmental quality of the City s waterways and Monterey Bay. Implementation and maintenance of the new ordinance will be the responsibility of one of the three existing Assistant Engineers with wastewater duties (anticipated 20 hours per week) and also the anticipated new proposed GIS position in the Public Works Department, (also anticipated 20 hours per week) both funded through the Wastewater fund. There is no impact to the General fund. Prepared by: Steve Wolfman, Senior Civil Engineer Submitted by:
PAGE: Page 5 Mark R. Dettle, Public Works Director Attachments: Figure 1, Home Owner Responsibility Figure 2, Typical City Street Sewer Layout Figure 3, Typical Sanitary Sewer Private Collection System Figure 4, Calendar for Implementation Sewer Inspection Forms Chapter 16.08 Sewer System Ordinance Draft with Revisions