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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. CVSan will not require properties that are under contract before July 1, 2019 to obtain a compliance certificate. Access your property's sewer lateral records using CVSan's permit portal.
WHEN INSPECTION IS REQUIRED
CVSan Code Section 6421 requires that all private sewer laterals for existing buildings including, but not limited to, those serving residential, multiple residential, commercial, and industrial properties that are connected to the public sewer main, shall be cleaned and pass a CCTV inspection as reviewed by an authorized CVSan inspector, and at the property owner’s expense when any of the following events occur:
- To properties prior to the close of escrow of the sale or, if there is no escrow, prior to recording the deed or the document transferring the title.
- When CVSan finds that unpermitted private sewer lateral work exists at the building or property.
- When CVSan finds that the private sewer lateral is a public nuisance.
An inspection is not required when any of the following events occur:
- To properties that have a valid Compliance Certificate.
- To properties with a connection or capacity permit approved by CVSan staff showing that the building was originally constructed 30 years or less before the anticipated date of sale.
- To properties with a sewer repair permit approved by the CVSan documenting that the private sewer lateral was replaced in full within 30 years of the anticipated date of sale.
- To properties with a sewer repair permit approved by CVSan documenting that the permitted work replaced at least 50 percent of the private sewer lateral within 10 years of the anticipated date of sale.
- To properties undergoing transfer to a bank due to foreclosure.
- To properties undergoing inter-family transfer.
Upon any triggering event listed above, the property owner shall:
- Obtain a CCTV inspection permit from CVSan prior to the CCTV inspection of the private sewer lateral. The CCTV inspection permit is valid for one site visit and for one private sewer lateral located on the property. Any additional private sewer laterals located on the property will require an additional CCTV inspection permit.
- All private sewer laterals shall be inspected by CVSan unless the property owner presents satisfactory proof to CVSan that the property has a valid Compliance Certificate or is eligible for a Compliance Certificate for that private sewer lateral.
- The property owner must schedule the time and date of inspection with CVSan at least 24 hours prior to the inspection.
- An authorized CVSan inspector must be present and witness the CCTV inspection.
- The property owner shall submit a video recording of the private sewer lateral inspection to CVSan for review along with the designated inspection permit fee.
- The video is valid for a period of six months from the date of inspection.
If the private sewer lateral video review determines that the private sewer lateral requires repair or replacement, the process is as follows:
- CVSan will send the property owner a Notice to Repair (no later than 30 days of receipt of the video and review fee). CVSan’s database will be updated to indicate repair work is needed for the property.
- The Notice to Repair will indicate the remediation which may include repair and/or replacement of the private sewer lateral, and/or installation of a clean-out or a backflow prevention system as referenced to Standard Drawing No. 24. The property owner must complete the work prior to the issuance of a Compliance Certificate.
- Upon completion of the repairs, the property owner shall have another CCTV inspection conducted to verify the conditions set forth in this Section or other test parameters may be conducted for partial or full private sewer lateral replacement as required by CVSan Code Section 3411.
- The property owner is responsible for all costs for inspections, tests, and repair or replacement of the private sewer lateral, including all additional permits prior to commencement of construction.
COMPLIANCE CERTIFICATE TERM LIMITS
When all conditions are met to the satisfaction of CVSan, the private sewer lateral shall be certified as complying with the provisions of the District Code and a Compliance Certificate shall be issued for the private sewer lateral. Once a Compliance Certificate is issued, the private sewer lateral shall not require testing for a period as specified on the Compliance Certificate unless CVSan has reason to believe the private sewer lateral is in a defective condition. A Compliance Certificate may be valid for the following term limits:
- A Compliance Certificate obtained because of a full private sewer lateral replacement shall be valid for 30 years from the approval date indicated on the sewer repair permit.
- A Compliance Certificate obtained because of a private sewer lateral repair and successfully passing a CCTV inspection or other test parameters consistent with the sewer repair permit process shall be valid for 10 years from the approval date indicated on the sewer repair permit.
- A Compliance Certificate obtained because of successfully passing the CCTV inspection without any repairs or work done on the private sewer lateral shall be valid for 10 years from the approval dated indicated on the CCTV inspection permit.
The Compliance Certificate shall not imply a warranty or guarantee of any kind.
FORMS AND HANDOUTS
Staff is currently working on preparing the necessary forms and handouts. Once completed, staff will update the webpage to include the forms and handouts.
Frequently Asked Questions
1. What is a private sewer lateral?
A private sewer lateral (sewer lateral) is a pipe that connects a building’s plumbing system to the public sewer main (sewer main), which is typically located in the middle of the street. The sewer lateral begins at the junction with the building’s plumbing system, which is typically located within two feet of the building’s foundation wall, extends to the sewer main, and includes the connection to the sewer main. The property owner is responsible for maintenance and repairs on the entire sewer lateral and the connection to the sewer main.
2. What problems are associated with damaged sewer laterals?
The majority of properties in CVSan were built before 1960 and many still have their original sewer laterals. Older sewer laterals can create problems for property owners because over time they deteriorate, leading to the pipe cracking, leaking, blocking, or breaking. During wet weather, rain seeps into the soil and can enter the wastewater collection system (collection system) through damaged sewer laterals (infiltration); this can lead to more water flowing through the collection system during rainy weather than the system was designed to handle. Sewer mains and the wastewater treatment plant can become overwhelmed by the amount of flow. Click here for more information about sewer laterals from the Environmental Protection Agency (EPA).
CVSan’s wastewater is treated at the Castro Valley/Oro Loma Treatment Plant in San Lorenzo (above).
3. What is Inflow and Infiltration (I&I)?
Inflow is rainfall that enters the collection system through a direct connection, such as a downspout or an area drain that is connected to a sewer laterals. Direct connections to the collection system are illegal and CVSan requires that these connections are removed whenever they are found.
Infiltration is rainfall that enters the collection system from the soil surrounding an old or damaged sewer lateral. During wet weather, rainfall accumulates as groundwater in sewer trenches and enters the collection system in higher levels than in dry weather. CVSan is always looking for ways to reduce its I&I levels, and the Private Sewer Lateral program is designed to help reduce infiltration.
4. Why is reducing I&I so important?
High levels of I&I can cause sanitary sewer overflows (SSO) during wet weather. An SSO is when untreated sewage flows out of the collection system before it reaches the wastewater treatment plant.
High I&I levels can also cause unnecessary treatment costs because rainwater is unnecessarily treated when the flow reaches the wastewater treatment plant. This could raise the sewer service rates for all ratepayers if I&I is not mitigated. High levels of I&I are a threat to public health, requires costly upgrades to the wastewater infrastructure, and has, at times, contaminated the San Francisco Bay.
5. Does I&I only come from sewer laterals?
I&I can enter the collection system through by the following means:
(a) Perforated manhole covers. CVSan does not have perforated manhole covers, aside from a small pick hole which is used by maintenance staff to insert a hook handle tool to lift the cover. Manholes are in the highest point in the roadway and not in drainage channels.
(b) Damaged sewer mains. CVSan owns and regularly maintains approximately 157 miles of sewer mains, and completes annual projects to reduce I&I that originates from damaged sewer mains.
(c) Direct connections to the collection system. Some Castro Valley homes may have improper direct connections to the collection system. During a sewer lateral inspection, CVSan inspectors verify any direct connections to the collection system and notify the property owner to disconnect.
(d) Sewer laterals. CVSan estimates there are approximately 150 miles of sewer laterals within its boundaries. CVSan does not own or maintain any sewer laterals.
6. Does the CVSan community have an I&I problem?
According to industry standards, CVSan has severe levels of I&I. Nationally, a typical Peak Wet Weather Flow (PWWF) to Average Daily Weather Flow (ADWF) ratio above 3.5 is considered high. In the San Francisco Bay, collection systems with PWWF-to-ADWF ratios above five are common, and ratios above eight or nine are considered very high. In CVSan’s 2006 Wastewater Collection System Master Plan, consultants found that CVSan has a PWWF-to-ADWF ratio of over 10 during the same design storm events (10-year, 24-hour storm).
7. What has CVSan done to reduce I&I?
CVSan proactively cleans, inspects, repairs, and replaces sewer mains on a routine basis. Over the last two decades, CVSan has invested over $46 million in infrastructure improvements to reduce I&I.
Over the same period, CVSan allocated over $1 million to its Lateral Replacement Grant Program (LRGP). LRGP provides available funds to property owners, or their agent, to defray a portion of the costs in replacing the sewer lateral, including the connection to the sewer main. The maximum amount of assistance for any one sewer lateral replacement or repair is 50% of the lowest bid, up to a maximum reimbursement of $2,000.
Above: A recipient from the 2016/17 cycle of LRGP
8. Will CVSan ever expand LRGP?
CVSan is considering increasing the funds allocated for LRGP in addition to implementing the Private Sewer Lateral Program.
9. Why is CVSan beginning a Private Sewer Lateral Program now?
CVSan has been concerned about its I&I levels for the last two decades. Though not an immediate threat, CVSan aims to proactively reduce its I&I levels and the number of SSOs. CVSan is already working towards this goal by maintaining and monitoring its approximately 157 miles of sewer mains. However, the sewer mains receive their flow from the approximately 150 miles of sewer laterals that are connected to CVSan’s collection system and are not currently maintained or monitored by CVSan. Despite CVSan’s $46 million investment over the past twenty years into improving the wastewater infrastructure, CVSan has not seen a dramatic reduction of its I&I during wet weather. This has led CVSan to conclude that a large portion of its I&I originates from sewer laterals.
Additionally, over the last decade, the EPA and the California Regional Water Quality Control Board (CRWQCB) have sued several San Francisco Bay Area (Bay Area) wastewater agencies to fix their damaged sewer pipes and reduce the SSOs that released hundreds of millions of gallons of raw or partially untreated sewage water in the San Francisco Bay. To comply with the EPA’s mandate, these Bay Area wastewater agencies began Private Sewer Lateral Programs that require affected property owners to obtain a certificate of compliance certifying that their sewer laterals meet the required standards. As a result, Private Sewer Lateral Programs have become relatively common throughout the Bay Area.
CVSan has not been sued by the EPA or CRWQCB because the number of SSOs well below the California average. CVSan strives to achieve a zero-tolerance for sewage spills, overflows, and other problems that pose a hazard to public health and the environment. Click here for more information on CRWQCB’s Sanitary Sewer Overflow Reduction Program.
In addition, the Wet Weather Outfall and Nutrient Optimization Project with Oro Loma Sanitary District (OLSD) will require CVSan to reduce our wastewater flow into the wastewater treatment plant. This will reduce CVSan’s allowable flow and will be costly if CVSan goes beyond the flow restriction. Click here for more information on the Wet Weather Outfall and Nutrient Optimization Project with OLSD.
10. What types of properties does the Private Sewer Lateral Program apply to?
The Private Sewer Lateral program applies to all residential, commercial, and industrial properties, including bank-owned properties.
11. When is a Castro Valley property owner required to have a sewer lateral inspection?
A Compliance Certificate is required whenever a property in CVSan’s boundaries is bought or sold. To receive a Compliance Certificate, the property owner or buyer first needs to obtain a CCTV inspection permit from CVSan and hire a sewer contractor to assess the condition of the lateral through a closed-circuit televised (CCTV) inspection of the line. An authorized CVSan inspector must be present and witness the CCTV inspection. The CVSan inspector will review the video and assess the condition of the sewer lateral. CVSan will issue the Compliance Certificate if the sewer lateral verifies all the following conditions as approved by authorized CVSan staff.
(1) The sewer lateral is free of roots, grease deposits, and other solids which may impede or obstruct the transmission of sewage.
(2) There are no improper or illegal connections to the sewer lateral such as sump pumps, down spouts or area drainage facilities.
(3) All joints in the sewer lateral are tight and sound to prevent the exfiltration of sewage and the infiltration of groundwater, storm water and/or rain water.
(4) The sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.
(5) The sewer lateral is equipped with a backflow prevention system installed as described in Section 3807 and Standard Drawing No. 24.
CVSan would recommend that the property owner, or buyer, to obtain at least three bids from a qualified plumbing contractor and be physically present to witness the CCTV video survey.
12. When would a Castro Valley 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 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 the anticipated date of sale.
(5) If the property undergoes transfer to a bank due to foreclosure.
(6) If the property undergoes an inter-family transfer.
13. How long is the Compliance Certificate valid?
If the property owner is required to completely replace the sewer lateral, the Compliance Certificate would be valid for 30 years. If the sewer lateral passed the CCTV inspection without any work required, or the sewer lateral only required a repair, the Compliance Certificate would be valid for 10 years.
14. Is the buyer or the seller be responsible for the sewer lateral compliance?
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.
15. What community outreach has CVSan performed, or is planning to perform, to educate the public about the Private Sewer Lateral Program?
CVSan first met with members of the Bay East Association of REALTORS (Bay East Realtors) in March 2017 to discuss the proposed Private Sewer Lateral Program. The Bay East Realtors were notified that the program would be a discussion item at the March 6, 2018 regular Board of Directors (Board) meeting and were sent the program report prior to the meeting so they would have the opportunity to prepare comments and questions for the Board. At the meeting, a draft version of the CVSan Code was presented to the public to serve as a framework to begin discussion about the Private Sewer Lateral Program.
CVSan hosted two taskforce meetings on April 11, 2018 and April 24, 2018. The members of the taskforce included representatives from the real estate community, Castro Valley Municipal Advisory Council (MAC), members of CVSan’s Community Advisory Committee (CAC), and CVSan staff. The purpose of the taskforce meetings was to develop an understanding of the problem CVSan has had with I&I. CVSan hosted a townhall meeting at the Castro Valley Library on April 24, 2018.