HomeMy WebLinkAboutOrd. 1474-2013ORDINANCE NO. 1474 -2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTERS 14.08 AND 14,14
OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
REGARDING WATER QUALITY CONTROL AND SEWER
LATERAL CONSTRUCTION, MAINTENANCE AND
INSPECTION
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city
or county may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of South San Francisco Municipal Code ( "Municipal Code ")
regulates stormwater management and discharge as well as Sewer Lateral Construction,
Maintenance and Inspection; and
WHEREAS, the City of South San Francisco ( "City ") is subject to the California
Regional Water Quality Control Board ( "Regional Water Board ") Municipal Regional
Permit; and
WHEREAS, the Regional Water Board conducted a Pretreatment Compliance
Audit of the City's accounting of inspections, resulting in City being required to revise its
Municipal Code provisions relating to Water Quality Control in order to be in compliance
with the Federal Pretreatment Regulations; and
WHEREAS, staff also recommends making revisions to the City's Municipal Code
relating to Sewer Lateral Construction, Maintenance and Inspection.
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ordain as follows:
SECTION 1. AMENDMENTS
The City Council hereby amends the following sections of Chapter 14.08 and 14.14
of the South San Francisco Municipal Code to read as follows. Sections and subsections
that are not amended by this Ordinance are not included below, and shall remain in full
force and effect.
Chapter 14.08 WATER QUALITY CONTROL
14.08.150 Permit Transfer
Wastewater discharge permits are issued to a specific user for a specific operation and shall not
be reassigned, transferred or sold to a new owner, new user, different premises, different entities
or to a new or changed operation without the approval of the city. Any succeeding owner or
users shall also comply with the terms and conditions of the existing permit. The previous owner,
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user, or entity shall provide a copy of this permit to the new owner or operator, and the new
owner, operator, or entity shall abide by these permit conditions. The previous owner, user, or
entity must notify the POTW of a change in operation at least ten (10) days prior to any change.
All permit transfers shall conform to provisions of 40 CFR 403.8(f)(1)(iii)(B)(2).
14.08.270 Bypass of Treatment Facilities
A user shall notify the city of any upset or bypass of treatment facilities within twenty -four hours
of becoming aware of the upset or bypass. The user shall submit to the city a written report
describing the upset and/or bypass, the exact date and time the upset and/or bypass began, its
duration, cause, volume discharged, whether the upset and/or bypass continues or has been
corrected, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the upset
and/or bypass. The written report shall be delivered to the city within five calendar days of the
time the Industrial User first becomes aware of the upset and/or bypass. An industrial User may
allow any bypass to occur which does not cause Pretreatment Limits, Standards, or Requirements
to be violated, but only if it also is for essential maintenance to assure efficient operation. All
notifications to the city shall conform to provisions of 40 CFR 403.17(c)(2) notification
requirements.
Chapter 14.14 SEWER LATERAL CONSTRUCTION, MAINTENANCE AND
INSPECTION
14.14.020 Definitions
(a) Unless otherwise defined within subsection (b) of this section, terms used in this
chapter shall have the same meaning as those terms defined in Section 14.08.030 of the South
San Francisco Municipal Code.
(b) As used in this chapter, the following words, phrases and terms shall have the
following definitions:
"Air testing" or "air tested" means a method whereby a building sanitary sewer lateral is
pressurized with air for the purpose of detecting leaks or defects in the pipe being tested. An air
tested building sanitary sewer lateral will be deemed defective for purposes of this chapter if it
does not hold three and one -half pounds per square inch of air pressure (psi -air) for at least two
minutes with at least two and one -half psi -air remaining at end of the air test.
"Building drain" means that part of the lowest piping of a building drainage system
which receives the discharge from soil, waste and other drainage pipes within the building or
structure and conveys it to the building sanitary sewer lateral. The point of connection of the
building drain to the building sanitary sewer lateral shall be within two feet of the outside of the
building wall. A clean -out shall be installed at the point of connection of the building drain to the
building sanitary sewer lateral.
"Building sanitary sewer lateral" means that part of a drainage system which extends
from the end of the building drain and conveys discharge to a public sewer or other point of
disposal. The building sanitary sewer lateral shall terminate at the wye or other manufactured
connection to the public sewer.
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"Certificate of compliance" means a written certificate issued to a property owner by the
public works director or designee certifying that a building sanitary sewer lateral is properly
equipped, structurally sound and complies with all standards of this chapter and any other
applicable standards established by the city.
"Defective sewer lateral" means any building sanitary sewer lateral that displays leaks or
defects upon the completion of inspection or that is deemed by the city, in its discretion, to be
defective upon completion of air testing or any other testing method required by the city.
"Inspection" means a process whereby both a video camera and/or smoke are placed into
and run through the inside of a building drain, building sewer lateral or public sewer for the
purpose of detecting leaks or other obvious defects.
"Manufactured connection" means a commercially manufactured and available sewer
"wye" or "tee" fitting of the proper size and material for the subject application.
"Property owner" means any individual or entity owning property within the boundaries
of the city that is connected to a public sewer.
14.14.030 Public Sanitary Sewers — General
All city sanitary sewer mains, junction structures, pumping stations and appurtenant facilities
within the public right -of -way, public utility easements or sanitary sewer easements are part of
the city's wastewater collection system owned by the city and are under the control and
operation of the city except those facilities that are part of the Westborough Water District and
the private laterals which are connected and flow to that system.
14.14.040 Building Drain and Building Sanitary Sewer Lateral
(a) The property owner is responsible at his or her expense to construct, operate,
clean and maintain all building sanitary sewer laterals or waste holding tanks, individual waste
disposal systems including septic systems, if permitted, sewage ejector pump stations and
appurtenant pipelines, valves and structures to either the point of connection with the cleanout
wye on the building sanitary sewer lateral or to the city sanitary sewer main as provided below,
in full compliance with the provisions of this chapter. The city shall maintain the building
sanitary sewer lateral from a city - approved cleanout wye to the city sanitary sewer main when a
cleanout is provided either in the sidewalk, or if there is no sidewalk within the public right-of-
way then it shall be installed within two and one -half feet of the city main or in such a location as
approved by a City issued permit. In such instances, the cleanout must be accessible at all times
and may require a traffic rated cover as required in the permit. When the cleanout is located
outside of these designated areas, the property owner is responsible for maintaining the building
sanitary sewer lateral all the way to the city sanitary sewer main including the building sanitary
sewer lateral's wye junction to the main. Where a cleanout does not exist and the property owner
desires to install one, the city will not accept maintenance responsibility from the new cleanout
to the city's main until the property owner satisfies the public works director /city engineer or
designee as to the proper operational condition of that lateral.
(b) Sanitary sewer connections to the city's wastewater collection system shall be
limited to one building sanitary sewer lateral per lot, parcel or tract of land. Multiple or branched
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sanitary sewer connections are specifically prohibited. The limitation to one building sanitary
sewer lateral per lot shall also apply in the case of condominium subdivisions, planned unit
developments and commercial developments, unless specifically waived in a subdivision
improvement agreement or sanitary sewer main extension agreement.
(c) Existing conditions not in compliance with this chapter shall be brought into
compliance within one hundred twenty calendar days after owner receives notice from the city,
or as otherwise provided by this chapter. Time extensions may be granted under unusual
circumstances as determined by the public works director and described in Section 14.14.180.
The replacement of existing multiple or branched sanitary sewer connections shall be at the
owner's expense.
14.14.120 Building sanitary sewer laterals.
(a) The property owner at his or her expense shall maintain all building sanitary
sewer laterals, including, but not limited to, the building drain, building sanitary sewer lateral to
the cleanout wye connection or to the city sanitary sewer main as provided below, building
cleanout, sidewalk cleanout frame and cover, backflow protection and backflow relief
equipment. The property owner shall provide all maintenance of the building sanitary sewer
lateral, including the wye connection to a city sanitary sewer main, to ensure unobstructed flow
of sewage from the property to the city sanitary sewer main. The property owner shall be
responsible for clearing all obstructions in the building sanitary sewer lateral 'immediately upon
discovery or notification by the city. When clearing any obstructions in the building sanitary
sewer lateral or performing any maintenance to the building sanitary sewer lateral, the properly
owner must install a temporary trap downstream of the building sanitary sewer lateral to ensure
any rootball, debris or other items dislodged from the sewer lateral do not flush into the city's
sanitary sewer system.
(b) The city may require property owners to remove roots from private laterals that
are growing into lower lateral sewer lines in the sanitary sewer system owned by the city. Where
this condition occurs, the city will promptly notify the private property owner. Within thirty days
of receiving notification from the city, the private property owner shall remove the roots from the
building sanitary sewer lateral, and will make all necessary repairs to the building sanitary sewer
lateral to prevent a reoccurrence of root intrusion that reaches the city's lower lateral.
(c) Any building sanitary sewer lateral blockage that cannot be mitigated through
implementation of reasonable measures by the property owner and/or a licensed professional
sanitary sewer cleaning contractor shall be reported to the public works department immediately.
The property owner shall reimburse the city for all reasonable costs, as determined by the city,
incurred by the city relative to any work or services rendered to remove a blockage or repair or
otherwise work on a sewer line facility which is the responsibility of the property owner. The
city shall only maintain the building sanitary sewer lateral from the cleanout wye, inclusive of
the cleanout wye, to the city sanitary sewer main under the following circumstances:
(1) A cleanout is provided either in the sidewalk, or within two and one -half feet of
the face of curb or edge of pavement where there is no sidewalk, or in a side or rear yard within
two and one -half feet of the city main; when the cleanout is located outside of these designated
areas, the property owner is responsible for maintaining the building sanitary sewer lateral all the
way to the city sanitary sewer main, including the wye connection at the main. The above
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maintenance responsibilities shall be conducted in full compliance with all applicable
requirements contained in this chapter.
(2) Prior to the city's acceptance of maintenance responsibility for that portion of a
building sanitary sewer lateral from a newly installed cleanout to the main, including the wye
connection to the main, the property owner shall be responsible for having this section of lateral
inspected internally by a closed circuit television camera and providing these results to the city
for review. If the city determines that this section of the lateral is defective and does not meet
city's requirements, the property owner shall be required to perform all repairs necessary to bring
the condition of the lateral up to city standards. The property owner must obtain an
encroachment permit from the city prior to performing any required repairs on the city's right -of-
way. The city will accept maintenance responsibility for the section of the lateral from the new
cleanout to the main only after the following conditions have been met: (A) the city has issued an
encroachment permit for the required repairs in the city's right-of-way; (B) all repair work is
completed to the city's satisfaction; and (C) Inspection is complete and a Certificate of
Compliance has been issued.
(3) Where a property owner, or tenant in the absence of action by the property owner,
refuses to mitigate a condition that causes sewage to leak from the building sanitary sewer lateral
after discovery or notification by the city, or if action is not effective, the city has the option to
either make the repairs itself or hire a licensed contractor, all at the owner's expense, to mitigate
the condition. If payment is not made by the owner, the city may impose a property tax lien to
recover all of its costs associated with repairing the leakage.
14.14.130 Abatement of Leaks, Breaks, and Improper Sanitary Sewer Conditions
(a) All sanitary sewer laterals, cleanouts and/or sanitary sewer appurtenances which
are found to contain leaks, breaks, uncapped cleanouts, down spouts or yard drains which
discharge into the city's wastewater collection system, and any sources of accidental, negligent
or intended introduction of stormwater into the city's wastewater collection system are
prohibited and declared to be a violation of this chapter, unless the connection is authorized by
the Superintendent of the Water Quality Control Plant. All unauthorized connections shall be
abated by the property owner, who is required to remove or correct such prohibited sanitary
sewer connections. The property owner shall have thirty days from the date of the city's notice of
violation to obtain permits and undertake repairs unless public health and safety considerations
require earlier action. If the work is not completed within this time frame, the city, at its option,
may either make the repairs itself or hire a licensed contractor to mitigate the condition(s) all at
the owner's expense. If payment is not made by the owner as required, the city may impose a
property tax lien upon the owner of the property to recover all costs associated with mitigating
the unauthorized sanitary sewer connection.
(b) Where a sanitary sewer overflow has occurred in the city's wastewater collection
system as a result of a blockage, break or other issue in a building sanitary sewer lateral, the
property owner shall obtain permits and repair or replace the building sanitary sewer lateral
causing the sanitary sewer overflow within one hundred twenty days, unless:
(1) The property owned by the property owner is undergoing an extensive remodel, in
which case the repair and /or replacement of the building sanitary sewer lateral shall occur
no later than the new occupancy date for the building, or
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(2) The property owner claims financial hardship, in which case the city may conduct
the repair or replacement and may impose a lien on the property to recover costs.
(c) If the work is not completed within the time frame required by this section, the
city, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the
condition all at the owner's expense. If payment is not made by the owner, the city may impose a
property tax lien upon the owner of the property to recover all costs associated with mitigating
the unauthorized sanitary sewer connection.
14.14.160 Certificate of Compliance Required
(a) Except as provided in subsection (b) of this section, the property owner must, at
his or her own expense, conduct testing and inspection of the building sanitary sewer lateral as
required by this chapter in order to obtain a certificate of compliance. A certificate of compliance
may be issued by the city if the property owner conducts testing that satisfies Section
14.14.140(b) of this chapter. Any subsequent repair or replacement work deemed necessary as a
result of an inspection shall be completed and approved by the city prior to issuance of a
certificate of compliance and transfer of title.
(b) Exceptions. This section shall not apply:
(1) To properties for five years after issuance of a certificate of compliance by the city
under this chapter; or
(2) To properties for five years after acceptance of a test pursuant to this chapter, if
partial or no repairs of the lateral were required and any repairs were completed pursuant to
permit and inspection by the city; or
(3) For five years after inspection and approval by the city of completed alterations to the
lateral, if alterations pursuant to a city permit were made to the location of or connections to the
lateral following a test pursuant to this section; or
(4) To properties that were constructed less than twenty years before the anticipated date
of sale; or
(5) To properties for twenty years after city acceptance of construction work, provided
that replacement of the complete sewer lateral was performed and accepted; or
(6) If the public works director /city engineer determines testing is unnecessary because
the piping has less than three joints and the total length does not exceed ten feet.
14.14.170 Time Extension Certificate.
(a) Notwithstanding Section 14.14.160, the property owner may request to the public
works director, in writing, for a time extension (time extension certificate) of up to one hundred
eighty days in which to perform the inspection, and /or repairs or replacement required by this
chapter.
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(b) The time extension certificate request shall be submitted to the city with the
required fee established by the South San Francisco master fee schedule.
(c) As a condition of issuance of a time extension certificate, funds in the amount of
seven thousand five hundred dollars are to be posted into an escrow account. Notwithstanding
the escrow deposit, property owners are responsible for the full cost of building sanitary sewer
lateral compliance with city ordinance requirements, which may exceed the seven thousand five
hundred dollars escrow deposit. Once the building sanitary sewer lateral passes the required
inspection, and a certificate of compliance is issued by the city, funds will be released in
accordance with escrow instructions.
(d) In the event that the work required by this chapter is not completed within one
hundred eighty days of issuance of the time extension certificate, or the work does not meet the
conditions required by this chapter, the escrow funds may be forfeited following a hearing, as
appropriate, and the current property owner will be responsible for compliance with the
requirements of this chapter. The city will take possession of the forfeited escrow funds and the
current property owner must affirmatively demonstrate that building sewer lateral complies with
this chapter prior to requesting that the city consider release of the forfeited funds, less the city's
costs, which may include costs of abatement. After close of escrow, the current property owner
shall be responsible for all costs associated with compliance of this chapter.
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and
after its adoption.
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Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 24"' day of July, 2013.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 14th day of August, 2013, by the following vote:
AYES: Councilmember Mark N. Addiego, Richard A. Garbarino, and Pradeep Gupta
Mayor Pro Tern Karyl Matsumoto and Mayor Pedro Gonzalez.
NOES: None.
ABSTAIN: Non
ABSENT:
ATTEST
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 14th day of August, 2013.
Pedro Gonz ez, M or
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