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Private Sewer Lateral Program Effective July 1, 2019
The Castro Valley Sanitary District (CVSan’s) Board of Directors adopted a Private Sewer Lateral Ordinance (Ordinance No. 179) on September 4, 2018. Effective July 1, 2019, any property being sold is required to comply with Ordinance No. 179.
Please note that the online permit portal is compatible only with Firefox or Chrome and cannot be used with Internet Explorer or Safari.
WHAT ARE THE REQUIREMENTS?
Any commercial, industrial, and residential property being sold in Castro Valley Sanitary District’s boundaries is required to have a Sewer Lateral Compliance Certificate before the close of escrow. If a Certificate cannot be obtained before the close of escrow, the buyer or seller will have the option to complete the work after the close of escrow through CVSan’s time-extension options.
I AM SELLING MY HOME, WHAT ARE THE STEPS I NEED TO TAKE TO GET A COMPLIANCE CERTIFICATE?
Use CVSan’s online permit portal to check if your property has a valid Sewer Lateral Compliance Certificate in CVSan’s database.
If the property owner already knows that the sewer lateral’s condition will require a full replacement, continue to Step 4.
If the property owner is unsure what condition the sewer lateral is in, continue to Step 1.
Step 1: Hire a Contractor to Perform a CCTV Inspection
If the property does not have a valid Sewer Lateral Compliance Certificate and the property owner is not sure what the condition of the lateral is, the property’s sewer lateral must be inspected by a contractor through closed circuit television (CCTV). After a contractor has been hired, continue to Step 2.
Step 2: Pay for and Schedule a CVSan CCTV Permit
The contractor’s CCTV inspection must be witnessed by a CVSan inspector. To schedule an inspection appointment and pay for a CVSan CCTV permit, use CVSan’s online permit portal or CVSan’s main office located at 21040 Marshall Street, Castro Valley. The CVSan CCTV permit is $230 and covers the cost of CVSan’s staff time to review the CCTV video. After scheduling and paying for the permit and inspection, continue to Step 3.
Step 3: Receive the Inspection Results
After the CCTV inspection is complete, CVSan inspectors will review the CCTV video to determine if the sewer lateral passed or failed the inspection based on CVSan’s standard criteria.
If the sewer lateral passes the inspection, CVSan will issue a Compliance Certificate that is valid for 10 years and it can be given to the buyer with all other certifications necessary for selling a property.
If the property does not pass the inspection, continue to Step 4.
Step 4: Complete Necessary Repairs Before Property is Sold
If CVSan’s inspectors determine that the sewer lateral needs to be repaired or replaced, the work must be completed before the close of escrow.
The sewer contractor must obtain a CVSan sewer repair permit before beginning any repair work. The CVSan sewer repair permit is $175 and can be obtained online through the permit portal or in person at CVSan’s main office located at 21040 Marshall Street, Castro Valley, CA 94546.
If the sewer lateral requires a complete replacement, then CVSan will issue a Sewer Lateral Compliance Certificate that is valid for 30 years after the work is completed and the repair permit has been signed by a CVSan inspector.
If the CCTV inspection determines that only a portion of the sewer lateral requires repairs, then CVSan will issue a Sewer Lateral Compliance Certificate that is valid for 10 years after the work is completed and the repair permit has been signed by a CVSan inspector.
WHAT DOES THE ONLINE PERMIT PORTAL DO?
The online permit portal can do the following:
(1) Check the compliance status of a given property.
(2) View, print, or download a Sewer Lateral Compliance Certificate.
(3) Pay for a sewer repair permit or a CCTV Inspection permit.
(4) Schedule, reschedule, or cancel an inspection appointment.
WHAT ARE THE TYPES OF SEWER LATERAL DEFECTS CVSAN IS REVIEWING FOR?
When CVSan reviews CCTV videos, staff looks for the presence of sewer lateral structural issues such as offset joints, cracks, breaks, and root intrusions. CVSan will also look for any improper connections to the sewer lateral, and approved pipe material.
In addition, CVSan staff is reviewing the sewer lateral’s pipe material. CVSan’s approved pipe materials are Vitrified Clay Pipe (VCP), Cast Iron Pipe (CIP), Ductile Iron Pipe (DIP), and High-Density Polyethylene SDR 17 (HDPE – SDR 17).
Non-approved pipe materials are Orangeburg (also known as bituminous fiber), Acrylonitrile Butadiene Styrene (ABS), and Poly Vinyl Chloride (PVC). If the sewer lateral is made of these non-approved pipe materials, the sewer lateral will be required to replaced. CVSan recommends having a sewer contractor assess the sewer lateral’s pipe material before obtaining the CCTV Inspection permit. If the sewer contractor determines that the pipe is made of one of these non-approved pipe materials, CVSan recommends the property owner to skip the CCTV inspection and obtain the sewer repair permit to replace the sewer lateral.
WHAT IS THE TIME-EXTENSION PROCESS?
If the buyer or seller elects to take on the sewer lateral compliance after the close of escrow, a time-extension request form along with a $4,500 refundable deposit must be submitted to CVSan for review. Once CVSan reviews the necessary documents, a time-extension permit will be issued. The time-extension permit allows the applicant 180 days from the date the time-extension permit is issued to obtain a sewer lateral compliance certificate. Once the applicant obtains a sewer lateral compliance certificate, the $4,500 deposit will be refunded in full back to the refund recipient designated on the time-extension request form. The applicant will lose the $4,500 deposit if the time-extension permit expires before obtaining a sewer lateral compliance certificate.
CAN THE TIME-EXTENSION PROCESS BE HANDLED IN ESCROW?
Yes, the applicant may elect to handle the time-extension process in escrow. The time-extension request form and the $4,500 can be held by the title company before the close of escrow. At the close of escrow, the title company will send the time-extension request form and the $4,500 deposit to CVSan’s main office located at 21040 Marshall Street, Castro Valley, CA 94546.
CAN THE SEWER LATERAL COMPLIANCE CERTIFICATE BE OBTAINED AFTER THE CLOSE OF ESCROW WITHOUT A DEPOSIT?
Yes, the buyer or seller has the option to obtain the sewer lateral compliance certificate after the close of escrow without submitting a deposit. For this option, the buyer or seller or their sewer contractor must pay for either a sewer repair permit or a CCTV inspection by the close of escrow. Unlike the 180-day time-extension permit, the buyer or seller must obtain the sewer lateral compliance certificate within 90 days from the close of escrow.
FORMS AND HANDOUTS
- List of Qualified Contractors
- PSL Program Realtor Brochure
- Time-Extension Request Form
- Example of Sewer Lateral Defects
- CVSan Mini-Spec Brochure
FREQUENTLY ASKED QUESTIONS
- Is the seller or buyer responsible for obtaining the sewer lateral compliance certificate?
The current property owner is ultimately responsible for the sewer lateral compliance. It is up to the buyer, the seller, and the real estate agent to negotiate this in escrow. If the sewer lateral does not pass the CCTV inspection, then the current owner has the option to correct the sewer lateral to become compliant or provide the cost of the work to the buyer. A time-extension process is available if the buyer/seller negotiates to take on the sewer lateral compliance after the close of escrow.
- Can I apply for the time-extension permit after the close of escrow?
No, CVSan will not accept time-extension requests after the close of escrow.
- Can CVSan provide a List of Contractors?
Yes, CVSan has a List of Qualified Contractors that is used for CVSan’s Lateral Replacement Grant Program (LRGP). The 2019 list will be published shortly. Please note that it is not required to use someone from this list.
- My property does not have a cleanout or backflow preventer. Will they be required to install if the rest of the sewer lateral is free of any defects?
No, if the CCTV inspection determines that the sewer lateral condition is free of defects and does not require repairs, the property address will be issued a 10-year Sewer Lateral Compliance Certificate and will not be required to install the cleanout/backflow preventer.
However, if the entire sewer lateral or a portion of the sewer lateral is replaced then the property address will be required to meet CVSan’s requirement for sewer laterals as seen in CVSan’s Mini-Spec Brochure.
- If defects have been identified to be repaired from the CCTV inspection review, is it required to use the same sewer contractor to perform the sewer repair work?
No, it is not required to use the same contractor for both types of work. CVSan recommends obtaining at least three estimates to ensure best price.
- When I entered my property address in the online permit portal, it said “There were no records that matched your search.” What does this mean?
The PSL Program only applies to properties within CVSan’s district boundaries. Certain areas in Castro Valley are outside of CVSan’s district boundaries. For example, properties in the Five Canyons area is outside of CVSan’s district boundaries.
If the property is within CVSan’s district boundaries, but the online permit portal still shows “There were no records that matched your search”, then try only entering the building number and leave the street name field blank.
If in need of further assistance, please send an email to firstname.lastname@example.org.
- Does the property owner or the sewer contractor obtain the permits?
Either the property owner, the realtor or the sewer contractor may obtain the CCTV Inspection or sewer repair permit. Typically, the sewer contractor will obtain the permits and schedule the inspections. CVSan recommends choosing a sewer contractor and coordinating who will obtain the permits before paying for any permits.
- When would a property owner not be required to have a sewer lateral inspection?
A sewer lateral inspection would not be required if the property meets any of the following conditions:
(1) If the property has a valid Sewer Lateral Compliance Certificate.
(2) If the property has a connection or capacity permit approved by CVSan staff shows that the sewer lateral was originally constructed 30 years or less before the anticipated date of sale.
(3) If the property has a sewer repair permit approved by CVSan documents that the sewer lateral was replaced in full within 30 years before the anticipated date of sale.
(4) If the property has a sewer repair permit approved by CVSan documents that the permitted work replaced at least 50 percent of the sewer lateral within 10 years before July 1, 2019.
(5) If the property undergoes transfer to a bank due to foreclosure.
(6) If the property undergoes an inter-family transfer.
- What is Orangeburg pipe?
Orangeburg, or bituminous fiber pipe is a lightweight, but brittle material made of layers of wood pulp and pitch pressed together. This pipe material tends to deform when subjected to concentrated pressures over long periods of time. Widespread usage of Orangeburg began during the World War II period due to a shortage of cast iron materials.
Orangeburg pipe is almost impossible to maintain because of its material makeup. When roots intrude into the pipe, the mechanical rooter tears out pieces of pipe while it cleans, leading to collapse as well as collapsing from age.
- How long is the Sewer Lateral Compliance Certificate valid?
If the property owner is required to completely replace the sewer lateral, then the Sewer Lateral Compliance Certificate would be valid for 30 years from the work approved date indicated on the CVSan repair permit. If the sewer lateral passed the CCTV inspection without any work required, or the sewer lateral only required a repair, then the Compliance Certificate would be valid for 10 years from the date the work was approved by CVSan staff.
- Am I required to obtain another Sewer Lateral Compliance Certificate when it expires?
The property address will only be required to obtain another Sewer Lateral Compliance Certificate if the property is being sold.
- How long is the CCTV inspection results valid for?
The CCTV Inspection results will be valid for 6 months from the date the video inspection was reviewed as indicated on the CCTV Inspection permit.
- If I know that I need to replace my sewer lateral do I still need to have a CCTV Inspection?
No, if the property owner elects to fully replace the sewer lateral then a CCTV inspection will not be required. The property owner or their sewer contractor will be required to obtain the sewer repair permit from CVSan before any work is done on the sewer lateral.
The CCTV inspection is only required for any work less than a full replacement.
- Why do I need a CCTV Inspection permit to view my sewer lateral?
The CCTV Inspection permit is only required if the property owner wants to determine the sewer lateral condition and needs to obtain the Sewer Lateral Compliance Certificate. The CCTV Inspection permit is not required if the property owner does not need to obtain the Sewer Lateral Compliance Certificate.
The CCTV Inspection permit pays for CVSan staff’s time to witness the video inspection and more importantly, to review the video for any defects that need to be repaired.