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HomeMy WebLinkAbout2008-01-16 Packet - Special, Joint UVSDCITY OF UKIAH SPECIAL JOINT MEETING OF THE UKIAH CITY COUNCIL AND UKIAH VALLEY SANITATION DISTRICT CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 16, 2008 4:00 p.m. ROLL CALL DISCUSSION AND POSSIBLE ACTION -NEW BUSINESS a. Introduction and First Reading by Title of Ordinances of the City of Ukiah Amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah City Code, Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinance and to the Replacement or Repair of Sewer Laterals and of the Ukiah Valley Sanitation District Repealing Ordinance No 29 Establishing Sewer Lateral Testing and Adopting Ordinance No 30 Pertaining to the Definitions Used in the Sewer Ordinance and to the Replacement or Repair of Sewer Laterals and the Introduction and Discussion of Proposed Guidelines for Sewer Lateral Replacement/ Repair Grant Program b. Discussion and Possible Action Regarding Consolidation of the District and City Sanitary Sewer Collection and Treatment Infrastructure into an Independent Sanitation District 3. OTHER BUSINESS a. Set the next Joint Meeting of the Ukiah City Council and Ukiah Valley Sanitation District 4. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 11th day of January, 2008. Linda C. Brown, City Clerk Item No. ~• AGENDA SUMMARY REPORT JOINT MEETING OF' THE UKIAH CITY COUNCIL AND THE UKIAH VALLEY SANITATION DISTRICT BOARD JANUARY 16, 2U08 INTRODUCTION AND FIRS'C READING BY TITLE OF ORDINANCES OF 'IHE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACE':VIENT OK REPAIR OF SEWER LATERALS AND OF THE UKIAH VALLEY SANITATION DISTRICT REPEALING ORDINANCE NO 29 ESTABLISHING SEWER LATF,RAL TESTING AND ADOPTLNG ORDINANCE NO 30 PERTAINING TO 1'HE DEFINITIONS USED IN THE SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS AND THE INTRODUCTION AND DISCUSSION OF PROPOSED GUIDELINES FOR SEWER LATERAL REPLACEMENT/REPAIR GRANT PROGRAM SUMMARY Submitted for Introduction and the First Reading at this Joint Meeting are proposed Ordinances of the City of Ukiah (City) and the Ukiah Valley Sanitation District (District) which would, if adopted, replace the City's and District's existing Sewer Lateral Inspection and Testing Programs with the Alternative Sewer Lateral Inspection and Testing Program (Alternative Program) which was approved by the Ukiah City Council, UVSD Board of Directors, and Northern California River Watch. As a result of the approvals and subsequent submittal to the United States Northern District Court of California. Oakland Division, the District Court on December 19, 2007 approved the amendment to the Consent Decree incorporating the Alternative Program. As provided in the Amended Consent Decree provisions, the City and District are required to implement the provisions of the Alternative Program within ninety (90 days) after the amendment is approved by the District Court. The implementation deadline is March 18, 2008. Also submitted for introduction and discussion are proposed guidelines for a Sewer Lateral Replacement/Repair Grant Program (Grant Program Guidelines) which would, if approved at a later date, provide financial assistance to qualified property owners who are required to repair or replace their sewer lateral as a result of the required inspection, testing, and repair or replacement provisions of the Alternative Program. The Sewer Lateral Ad I{oc Committee has reviewed and approved the proposed Ordinances and the proposed Grant Program Guidelines. DISCUSSION I~he Alternative Program N~as presented to and approved by the City Council on September 19, 2007 and by the UVSD Board on September 26, 2007. In summary, the Alternative Program, once implemented, will replace the provisions of the current Sewer Lateral Program requiring the inspection and repair at the time real property served by the sewer lateral is sold with provisions that require the inspection and testing of the sewer lateral on a geographical approach or a failure, violation, or structure remodeling event. Under the Alternative Program, inspections. testing and repair or replacement of a sewer lateral is required when: 1. The seti~er main to which the lateral is connected is rehabilitated or replaced 2. The parcel served is within 100 feet of a Creek which is declared impacted by the sewer collection system 3. A qualifying sewer lateral service call indicating damage, displacement, or cross sectional deflection of the sewer lateral 4. The occurrence of a sanitary sewer overflow 5. When the structure being served is remodeled at a cost of $50,000 or greater excluding the costs for ADA compliance and fire sprinkler work 6. Addition of plumbing fixtures to the building or site plumbing of 2 fixture units or more 7. The addition of a bedroom 8. "the change of property use from residential to commercial and from non- restaurant commercial to restaurant commercial 9. 'I~he discovery of an illegal connection 1 O.The discovery of prohibited discharges In recognition that the reduction of infiltration and inflow (I/I) into the sewer laterals reduces the I/I within the sewer mains, the Sewer Lateral Ad floc Committee is recommending that a Grant Program for Sewer Lateral Replacement or Repair be adopted to help defray costs incurred by property owners who must repair their sewer lateral as a result of the lateral not passing the CC"I'V inspection, the exfiltration test and/or other sewer lateral performance standards adopted by the City and District and that funds for the Grant be allocated from the funds set aside for the reduction of UI in Fund 614. Because funds for [/] reduction are limited, it is recommended that the Grant Program not be available for discretionary repairs or replacements of sewer laterals or for new construction utilizing the existing sewer lateral. Attachment 3 is the proposed Grant Program Guidelines and the major high points of the Grant Program are: • The City and District reserve the right to suspend or terminate the Grant Program at any time for any reason and they will suspend the program if program funds are exhausted • The City and District reserve the right to substitute the Grant Program with a Public Work Project for street lateral rehabilitation or any other cost participating project related to the repair or replacement of the sewer lateral in whole or in part • The maximum grant amowrt per lateral will be established by resolution of the governing body • Only repairs meeting the standards fora 25 year Sewer Lateral Certificate of Compliance will be eligible for a grant • Grant applications may be submitted prior to or after making the repairs or replacements • If the grant application is approved, a grant not exceeding ~0% of the eligible costs of repair or replacement not exceeding the maximum grant amount will be made to the property owner or their agent • Grant funds not exceeding the maximum grant amounts shall be set aside by the City or District and reserved for the property that become eligible as a result of the rehabilitation or replacement of the sewer main for a one year period. The funds set aside for the grant payments will become part of the budget for the contemplated sewer main project and a major portion of the balance of I/I funds remaining would be available for the other triggering events. • For each fiscal year, the governing body will establish the Grant Program funding level based on what is needed for [he contemplated Public Work Project. Attachment 4 is an example of how the grant funds for the sewer main rehabilitation or replacement trigger would be reserved for the pending project for Washington Street within the District. For this Fiscal Year Program, the Committee is considering a recommendation to the District that 10% of the UI budget be reserved for District wide triggered events excluding sewer main rehabilitation. The ] 0% set aside represents about 50% of the anticipated balance remaining after I/I funds have been reserved for the contemplated sewer main rehabilitation project. The Committee continues to formulate their recommendation far the maximum grant amount but tentatively the amount ranges between fifteen hundred ($] 500.00) and two thousand ($2000.00) dollars. Should the proposed Ordinances be adopted, the proposed Grant Program will be submitted to the City Council and the District Board for further consideration. Staff continues to search for financial assistance programs offered in the private or public sector that are available to property owners who need additional financial assistance in the repair or replacement of their sewer lateral and who meet certain low income eligibility requirements. FUNDING The proposed Grant Program would be funded from allocations or set asides within Budget Account 6143510-810.004 for the City and 61435 L0.8ll.004 for the District. Annually, the amount of the allocation for the Grant Program will be made by the respective governing bodies during the budget process. RECOMMENDED ACTION l . Introduce and read by title only the proposed City and District Ordinances that would, if adopted, implement the Alternative Program 2. Receive the Proposed Sewer Lateral Replacement/Repair Grant Program Guidelines and provide any direction to staff that the City Council and District Board deem appropriate ALTERNATIVF. ACTIONS Provide other direction to staff recognizing that there is an implementation deadline of March 18, 2008 for the Alternative Program ATTACHMENTS 1. Draft Ordinance of the City of Ukiah Amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah City Code, Pertaining to the Deftnitions Used in the City of Ukiah Scwer Ordinance and to the Replacement or Repair of Sewer Laterals 2. Draft Ordinance of the Ukiah Valley Sanitation District Repealing Ordinance No. 29 Establishing Sewer Lateral Testing and Adopting Ordinance No. 30 Pertaining to the Definitions Used in the Sewer Ordinance and to the Replacement or Repair of Sewer Laterals 3. Proposed Sewer Lateral ReplacemenURepair Grant Program Guidelines 4. Program Expenditure Annual Allowance for 07/08 FY for the Sewer Main and Lateral Rehabilitation Program 5. Alternative Sewer Lateral Inspection, Testing, and R~ir Program AGENDA SUMMARY REPORT PREPARED BY'~ ~ ~(~~~ ~~~ /~ R ck Kennedy, PF„ Interim Water Sewer 4 ATTACfiMENT ORDINANCE NO. _ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS. 1 The City of Ukiah (City) owns, operates and maintains a sewer collection system within its limits 2 The Ukiah Valley Sanitation District (District) contracts with the City to operate and maintain the collection system it owns. 3. The City owns, operates and maintains a sewer treatment plant to treat, recycle and dispose of wastewater generated within the limits of the City and District. 4. The City's ability to effectively manage its sewer collection system can be affected by the proper maintenance of private sewer laterals. 5 The City's ability to regulate private sewer laterals is outlined in Division 4, Chapter 2 of the Municipal Code. 6. The modifications set forth below will facilitate the proper maintenance of private sewer laterals; SECTION TWO. Division 4, Chapter 2, Article 1 of the Ukiah City Code is amended to read as follows: ARTICLE 1. SEWERS AND SANITATION § 3700.0: DEFINITIONS The following definitions apply to this chapter. Terms not defined in this article shall have their ordinary and common meaning, or if applicable, the meaning set forth in the Plumbing Code as adopted in the City. $ 3700.1: APPLICANT DEFINED: Applicant shall mean a person or entity making application under the provisions of this division for a permit for a sewer or plumbing application. An applicant shall be the property owner or an authorized agent of the property owner. § 3700.2: BOARD DEFINED: Board shall mean the Board of Directors of the Ukiah Valley Sanitation District, California. § 3700.3: BUILDING LATERAL DEFINED: January 22, 2007 Building lateral shall mean that portion of a sewer lateral beginning at the foundation wall of any building or industrial facility and running to the property line or to a private sewage disposal system. § 3700.4: CERTIFICATE OF SEWER LATERAL COMPLIANCE DEFINED: Certificate of Sewer Lateral Compliance shall mean the certificate issued by the Director of Ukiah Public Utilities or his/her designee certifying that the sewer lateral complies with the standards set forth in this Chapter. Certificates of Sewer Lateral Compliance shall be valid for a period of twenty five (25) years for all sewer laterals constructed or repaired after Dec. 31, 2006; for sewer laterals that, as a result of inspection occurring after Dec. 31, 2006, are confirmed to meet the current building material standards of the City; and for sewer laterals meeting the requirements outlined in Section 3799.7 that also meet the current building standards of the City. Certificates of Sewer Lateral Compliance shall be valid for a period ten (10) years for sewer laterals that satisfactorily pass inspection occurring after Dec. 31, 2006 or that meet the requirements outlined in Section 3799 7but that do not meet the current building material standards of the City. >; 3700.5: CITY DEFINED: City shall mean the City of Ukiah, California. § 3700.6: CITY ENGINEER DEFINED: City Engineer shall mean the City Engineer of the City. § 3700.7: CONTRACTOR DEFINED: Contractor shall mean a person or entity duly licensed by the State of California to perform the type of work to be done under the permit. § 3700.8: COUNTY DEFINED: County shall mean the County of Mendocino, California. § 3700.9: DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT Director of Planning and Community Development shall mean the Director of Planning and Community Development of the City. § 3700.10: DIRECTOR OF PUBLIC WORKS DEFINED: Director of Public Works shall mean the Director of Public Works of the City. § 3700.11: DIRECTOR OF UKIAH PUBLIC UTILITIES DEFINED: Director of Ukiah Public Utilities shall mean the Director of the Public Utilities Department of the City. The Director of Ukiah Public Utilities or his/her designee shall perform all duties of sewer inspector under the terms of this ordinance. § 3700.12: DISTRICT DEFINED: January 22, 2007 District shall mean the Ukiah Valley Sanitation District, California. § 3700.13: DOMESTIC SANITARY SEWAGE DEFINED: Domestic sanitary sewage shall mean water carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all ground water, surface water, storm water and industrial wastes. § 3700.14: GOOD CAUSE DEFINED: Good cause shall mean practical difficulties, including interference with the use or safety of the public right of way, adverse weather conditions, or demonstrated economic hardship. § 3700.15: GARBAGE DEFINED: Garbage shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. § 3700.16: INDUSTRIAL WASTES DEFINED: Industrial wastes shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It shall not include domestic sanitary sewage. § 3700.17: MAIN SEWER DEFINED: Main sewer shall mean a public sewer designed to accommodate more than one sewer lateral. § 3700.18: MULTIPLE DWELLING DEFINED: Multiple dwelling shall mean a building or buildings on a single parcel for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one family, including, but not limited to, the following: hotels, motels, auto courts, trailer courts, apartment houses, condominiums, duplex, rooming house, boarding house, guest house and dormitories. § 3700.19: NOTICE TO REPAIR: Notice to Repair shall mean notice issued by the Director of Ukiah Public Utilities to a property owner that the property owner is in violation of the City Code with respect to the property owner's sewer lateral, which order directs the abatement of the violation. § 3700.20: OUTSIDE SEWER DEFINED: Outside sewer shall mean a sanitary sewer beyond the limits of the City not subject to the control or jurisdiction of City. § 3700.21: PERMIT DEFINED: Permit shall mean any written authorization required pursuant to this Division or any other regulation of City for the installation of any sewerage work. January 22, 2007 § 3700.22: PERSON DEFINED: Person shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies thereof. § 3700.23: PLUMBER DEFINED: Plumber shall mean a person or entity duly licensed by the State of California to perform the type of plumbing work to be done under the permit. § 3700.24: PRE-AUTHORIZED LIST: Pre-authorized list shall mean the List of qualified plumbers, contractors, or other inspectors qualified by training and experience to conduct the required inspections, developed by the Director of Ukiah Public Utilities that may perform sewer lateral inspections without direct City oversight, in accordance with the provisions of this chapter. § 3700.25: PROPERTY OWNER: Property owner shall mean the owner of the property as shown on the last equalized assessment roll or in the records of the Mendocino County Recorder. § 3700.26: PUBLIC DISTRICT DEFINED Public district shall mean any district organized under the laws of the State of California which is authorized to engage in and is engaged in collecting and disposing of sewage. § 3700.27: PUBLIC PREMISES DEFINED: Public premises shall mean any premises owned of record by the City of Ukiah, the Ukiah Valley Sanitation District, the County of Mendocino, the State of California, or the United States of America. § 3700.28: PUBLIC SEWER DEFINED: Public sewer shall mean a main sewer lying within a street or easement which is maintained and controlled by or under the jurisdiction of the City and/or the District. §3700.29: QUALIFYING SEWER LATERAL SERVICE CALL DEFINED: A Qualifying Sewer Lateral Service Call means work on a sewer lateral performed by a septic or sewer line cleaning business, plumber or similar service provider, where the service provider in the course of providing service encounters conditions indicating root intrusion or other permanent damage to the sewer lateral, such as deflection or separation of the lateral. § 3700.30: QUALITY CHARACTERISTICS AND ANALYSES DEFINED: Quality characteristics and analyses shall mean as defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public January 22, 2007 Health Association, or EPA Standard Procedures, and all sample collection, laboratory procedures of analyses, tests, measurements and data reporting. § 3700.31: SANITARY SEWER DEFINED: Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted 3700.32: SEWAGE DEFINED: Sewage shall mean water carried wastes from residences, business buildings, institutions and industrial establishments. § 3700.33: SEWERAGE WORKS DEFINED: Sewerage works shall mean all facilities owned or controlled by the City except private sewers, for collecting, pumping, treating and disposing of sewage. § 3700.34: SEWER DEFINED: Sewer shall mean a pipe or conduit for carrying sewage § 3700.35: SEWER COLLECTION SYSTEM DEFINED: Sewer Collection System shall mean the network of public sewers, including main sewers that transport flow by gravity, main sewers that transport flow under pressure and pumping stations, which carry sewage to the sewer treatment plant. § 3700.36: SEWER LATERAL DEFINED: Sewer lateral shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and shall include the building lateral and street lateral together, also referred to herein as "the side lateral." § 3700.37: SEWER SERVICE UNIT DEFINED: One sewer service unit is defined as being a single unit of sewer discharge having characteristics of flow, biochemical oxygen demand (B.O.D.) and suspended solids equivalent to that generated and discharged by a typical single family residential unit. § 3700.38: SEWER TREATMENT PLANT DEFINED: Sewer treatment plant shall mean the Sewer Treatment Plant owned and operated by the City. § 3700.39: SINGLE-FAMILY UNIT DEFINED: Single-family unit shall mean and refer to the place of residence for asingle-family. § 3700.40: STANDARD SPECIFICATIONS DEFINED: January 22, 2007 Standard specifications shalt mean a set of documents containing design and construction standards for all sewage works and sewer laterals as adopted by the City/District and as amended from time to time § 3700.41: STATE DEFINED: State shall mean the State of California. § 3700.42: STORM SEWER OR DRAIN DEFINED: Storm sewer or storm drain shall mean a conveyance which carries storm waters, non- storm surface flows or ground waters and drainage, but in or through which sewage is prohibited. § 3700.43: STORM WATER DEFINED: Storm water shall mean the water running off or draining from the surface and sub-surface of an area during and after a period of rain or irrigation. § 3700.44: STREETS DEFINED: Streets shall mean any public highway, street, alley, public place, public easement or right of way. § 3700.45: STREET LATERAL DEFINED: Street lateral shall mean the portion of a sewer lateral lying within a public street connecting a building lateral to the main sewer. SECTION THREE. Division 4, Chapter 2, Article 18 shalt be amended to read as follows: ARTICLE 18. SEWER LATERAL TESTING 3799.1: PURPOSE, POLICY AND ADMINISTRATION: A The purpose of this article is to codify requirements for the inspection, testing, repair and replacement of sewer laterals within the City. B It is the policy of the City to reasonably prevent infiltration, exfiltration and better protect the Sewer Treatment Plant and the environment by requiring a reasonable program of inspection, testing, and if necessary repair and replacement, of private sewer laterals. C The Director of Ukiah Public Utilities shall administer these requirements and has the authority to alter or waive the requirements prescribed in this Article 18, if such requirements are impractical, because of the nature or physical location of the sewer lateral D. Administrative Guidelines for Inspections and Testing January 22, 2007 Within ninety (90) days of the adoption of the Ordinance enacting this article, the Director of Ukiah Public Utilities shall prepare and promulgate the public administrative guidelines which shall, among other things, establish the following. 1 A certification program for licensed plumbers, contractors and other qualified inspectors who will be placed on the Pre-Authorized List and the basis for obtaining and maintaining such a certification or for decertification; 2. Standard Inspection Report Forms and Guidelines for completing and using Sewer Lateral Inspection Reports; 3 A standard Notice to Repair and enforcement procedures for repair and replacements; 4. A standard Certificate of Sewer Lateral Compliance. 3799.2: APPLICABILITY: A. This Article shall apply to property located within the City and to property which is located outside the boundaries of both the City and the District which are served by the City Sewer Treatment Plant or the City's sewer mains. B. This Article shall not apply to properties located within the District or within both the City and the District, if the District has adopted a sewer lateral inspection program that complies with the Consent Decree in River Watch v. City or Ukiah and Ukiah Valley Sanitation District. U S Dist.Ct . N D Cal.. C04 4518 CW. C All sewer laterals that have been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable provisions of this article. No person constructing. repairing or replacing a sewer lateral, shall use that lateral to introduce sewage into the public sewer until the person has complied with sections 3799.3 through 3799.6 of this article, as appropriate. D All sewer laterals connected to the public sewer, including sewer laterals serving residential, multi-family residential, commercial or industrial uses, shall be cleaned and tested in accordance with the appropriate provisions of section 3799.3 through 3799.6 of this article, upon the occurrence of any of the following, unless a valid Certificate of Sewer Lateral Compliance is on file with the City: 1. Upon the occurrence of a sanitary sewer overflow from the private lateral; 2 Upon the discovery of either an illegal connection as described in Section 3702.3 or an illegal discharge as described in Section 3706.4 to the public sewer system; 3 Upon application for a building permit for work on an existing structure with a sewer service, where the value of the work, as set forth in the permit, exceeds $50,000, provided, however, that the value of work required by the Americans with Disabilities Act ("ADA") or to add fire sprinklers as required by the California Fire Code as adopted in the City of Ukiah, shall not be included when determining whether a sewer lateral is subject to inspection and testing; provided, further, that beginning on February 15, 2009, the $50,000 amount shall be adjusted annually by the percentage increase in the Consumer Price Index over the same month in the previous year. CPI means the Consumer Price Index for San Francisco, Oakland-San Jose, CA, all items (base year 1982- 1984 =100) published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean comparable statistics on the purchasing power of the consumer dollar as determined by the City Manager. January 22, 2007 4. The addition of a plumbing fixture having assigned to it two or more fixture units as are assigned by the California Plumbing Code as adopted in the City; 5. Upon a change of use of the property served from a residential to a commercial use or from a commercial use to a restaurant; 6 In conjunction with the replacement or rehabilitation of the public sewer main to which the lateral is connected; 7 Upon the occurrence of a Qualifying Sewer Lateral Service Call; and 8. Sewer laterals serving parcels that are located within 100 feet of any creek or stream which is declared by City Council resolution to be impacted by the sewer system. 3799.3 APPROVED TESTING METHODS The sewer lateral shall be inspected and tested, using the following methods as allowed by and in accordance with standards adopted by the Director of Ukiah Public Utilities: 1 TV inspection. 2 Exfiltration testing. 3. Other similar inspection or testing methods as approved by the Director of Ukiah Public Utilities. 3799.4: REQUIREMENTS FOR TESTING SEWER LATERALS PURSUANT TO SECTION 3799.1 D.1-5 and 7-8 A. Sewer Lateral Service Providers: 1 On and after February 15, 2008, any person or business entity providing sewer lateral service in the City of Ukiah for compensation shall file a written report with the Public Utilities Department of each Qualifying Sewer Lateral Service Call it makes in the City of Ukiah. The report shall contain the date of the call, the address where the sewer lateral is located, and a brief description of the service and of the conditions making it a Qualifying Sewer Lateral Service Call. 2. The Public Utilities Director may adopt a form for use in filing the reports. 3. Within fifteen (15) days of the receipt of a report of a Qualifying Sewer Later Service Call for an address in the City, the Public Utilities Director or designee shall provide written notice to the property address that a sewer lateral inspection is required. The mailing of the notice is the event giving rise to the obligation to conduct an inspection and test of the sewer lateral. 5 The Public Utilities Director shall coordinate with the Finance Director to monitor whether businesses that provide septic and sewer line cleaning, plumbing and similar services which have been issued a City business license are filing reports as required by this subsection. January 22, 2007 B. Testing Procedure 1. Testing shall be completed within the time periods specified in the fourth column in the five column chart contained in Section 3799.9. 2 Testing shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the test, and who is determined by the Director of Public Utilities to be qualified to perform the test based on training and experience. 3 Permits and Inspection. Testing shall not commence without a valid permit issued by the City and testing may be witnessed by the Director of Ukiah Public Utilities or his/her designee. 4. Access. Access to the sewer lines to be tested and conditions necessary to conduct the test shall be made ready prior to scheduling a sewer lateral test. C. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. D. The property owner must complete the required repair or replacement of the sewer later and the sewer lateral must pass a retest within the time specified in the fifth colum in the table contained in Section 3799.9. This deadline may be extended by the Public Utilities Director for good cause, not to exceed 90 days. If repair is not completed within the required time period, the City may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (5) years. E. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities and the Director of Planning and Community Development. and to the extent authorized by law, the Mendocino County Recorder. F. Role of the Director of Planning and Community Development The Director of Planning and Community Development and the Director of Ukiah Public Utilities, in consultation with each other, are hereby authorized to take the actions necessary to implement this section through the building permit process and to integrate its implementation with the requirements of the Plumbing Code as adopted in the City. 3799.5 REQUIREMENTS FOR SEWER LATERALS UPON REHABILITATION OR REPLACEMENT OF THE PUBLIC SEWER MAIN OR UPON DETERMINATION OF THE DIRECTOR OF UKIAH PUBLIC UTILITIES. A. Testing Procedure: Testing may be performed in accordance with the requirements of section 3799.4 or, if authorized by City Council resolution, testing may be performed by the City in conjunction with its rehabilitation or replacement work. Upon completion of the January 22, 2007 testing, the Director of Ukiah Public Utilities of his/her designee shall issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair B Failure of Test and Requirement for Repair. It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. 1 All repair or replacement work shall be completed by a person properly licensed to perform the work, including licensed plumber and/or contractor and shall be completed under all appropriate permits from the City including, as appropriate, building and encroachment permits. 2. All repairs must be completed within time specified in the fifth column of the table in Section 3799.9, unless, for good cause shown, an extension is granted by the Director of Ukiah Public Utilities, not to exceed 90 days 3. If repair is not completed within the required time period, the City may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (6) years. 4. The City Council may, by Resolution, prescribe alternative procedures, by which the repair or replacement work shall be performed including, but not limited to, the degree to which the City shall offer to perform all or a portion of the work or contribute towards the cost of the work, using loans or grants. C. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure. the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development and to the extent authorized by law, the Mendocino County Recorder. 3799.6 CERTIFICATE OF SEWER LATERAL COMPLIANCE WITHOUT INSPECTION. A Property Owner may apply for and the Director of Ukiah Public Utilities of his/her designee may issue a Certificate of Sewer Lateral Compliance without inspection under the following circumstances. 1 The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the building on the property is ten (10) years old or less; or 2 The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the sewer lateral was repaired or replaced and passed inspection within the previous ten (10) years; or 3. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the lateral has passed an inspection within the past five (5) years. 10 January 22, 2007 In such cases, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development. 3799.7 FEES The City Council may establish fees by Resolution for administration of this Article. 3799.9 SEWER LATERAL INSPECTION AND TESTING PROGRAM, EVENTS AND TIME FRAMES TO COMPLETE WORK ON SEWER LATERAL TIME FRAMES TO PERFORM WORK ON SEWER LATERAL EVENT Clean d Video Water Test Repair or Replace Inspect When Complete Inspection indicates Within 30 days of Qualifying Sewer Lateral At time of service damage. Within 7 days of Failed Water Test Service Call displacement, or ~ Service Call or Notice with Max of 90 day deflection of lateral Extension for Cause Within 7 days of I ~ Inspection indicates Within 30 days of Sanitary Sewer Overflow Nolice or At Time of i damage, ~ Within 7 days of Failed Water Test Service displacement, or Service Call or Notice with Maz of 90 day deflection of lateral ~ Extension for Cause Remodels to Structure Being prior to Permit Final - Prior to Permit Final ~ I Prior to Permit Final Prior to Permit Final Served of $50k or Greater Addition of 2 FU or Greater to Prior to Permit Final Prior to Permit Final ~ Prior to Permit Final Prior to Permit Final Building or Site Plumbing I Addtion of Bedroom Prior to Permit Final ~ Pdor to Perm It Final Prior to Permit Final Prior to Permit Fnal Change of Property Use. Residential to Commercial and prior to Opening Prior to Opening Prior to Opening Prior to Opening Non-Restaurant Commercial Under New Permitted ! Untler New Permitted Under New Permdted Under New to Restaurant Commercial Use i Use Use Permitted Use _ __ Within 30 days of Illegal Connection Within 7 days of Within 7 days of i Within 7 days of Notice Failed Water Test Notice Notice i with Max of 90 day I Extension for Cause Within 30 days of Prohibited Discharge Within 7 days of I Within 7 days of - i ~ Within 7 days of Notice Failed Water Test Notice Notice with Max of 90 day __ I Extension for Cause Rehabilitation or Replacement Within 1 year of Completion of Sewer Within 1 year of Completion of Sewer Within 1 year of Completion of Sewer Within 2 years of of Sewer Main Main Work Main Work Main Work Failed Water Test Parcel Served is within 100 Within 1 Year of Within 1 Year of Within 1 Year of feet of Creek which is Adoption of Adoption of Adoption of Resolution Within 2 years of DeGared Impactetl by Sewer Resolution (or Notice) Resolution (or Notice) (or Notice) Failed Water Test System 11 January 22, 2007 SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTION FIVE. CEOA. This Ordinance is exempt from the California Environmental Quality Act under Public Resources Code Sections 21065 and 21080(b) (8). SECTION SIX. EFFECTIVE DATE. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. Introduced by title only on 2007, by the following roll call vote: AYES: NOES ABSENT: ABSTAIN: Adopted on 2007, by the following roll call vote: AYES. NOES: ABSENT: ABSTAIN: Mari Rodin, Mayor ATTEST: Linda Brown, City Clerk 12 January 22, 2007 ATTACHMENT Z ORDINANCE NO. ORDINANCE OF THE UKIAH VALLEY SANITATION DISTRICT REPEALING ORDINANCE NO. 29 ESTABLISHING SEWER LATERAL TESTING AND ADOPTNG ORDINANCE NO. 30 PERTAINING TO THE DEFINITIONS USED IN THE SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS The Board of Directors of the Ukiah Valley Sanitation District hereby repeals Ordinance No. 29 adopted January 11, 2007 in its entirety. The Board of Directors of the Ukiah Valley Sanitation District hereby ordains as follows. Article 1. FINDINGS AND DEFINITIONS SECTION 30-1 FINDINGS 1. The City of Ukiah (City) owns, operates and maintains a sewer collection system within its limits. 2. The City owns, operates and maintains a sewer treatment plant to treat, recycle and dispose of wastewater generated within the limits of the City and District. 3. The Ukiah Valley Sanitation District (District) contracts with the City to operate and maintain the collection system within District boundaries. 4. The District's ability to effectively manage its sewer collection system can be affected by the proper maintenance of private sewer laterals. 5. The District's ability to regulate private sewer laterals is outlined in Ordinance No. 12. 6. The modifications set forth below will facilitate the proper maintenance of private sewer laterals. SECTION 30-2 SEWERS AND SANITATION DEFINITIONS The following definitions apply to this chapter. Terms not defined in this chapter shall have their ordinary and common meaning, or if applicable, the meaning set forth in the Uniform Plumbing Code. (1) APPLICANT DEFINED Applicant shall mean a person or entity making application under the provisions of this division for a permit for a sewer or plumbing application. An applicant shall be the property owner or an authorized agent of the property owner. (2) BOARD DEFINED Board shall mean the Board of Directors of the Ukiah Valley Sanitation District, California. (3) BUILDING LATERAL DEFINED Building lateral shall mean that portion of a sewer lateral beginning at the foundation wall of any building or industrial facility and running to the property line or to a private sewage disposal system. (4) CERTIFICATE OF SEWER LATERAL COMPLIANCE DEFINED Certificate of Sewer Lateral Compliance shall mean the certificate issued by the Director of Ukiah Public Utilities or his/her designee certifying that the sewer lateral complies with the standards set forth in this Chapter. Certificate$ of Sewer Lateral Compliance shall be valid fora period of twenty-five (25) years for all sewer laterals constructed or repaired after Dec. 31; 2006, for sewer laterals that, as a result of inspection occurring after Dec. 31, 2006, are Confirmed to meet the current building material standards of the City; and for sewer laterals meeting the requirements outlined. in Section 30-8 that_also meet the current building tandards of the City. Certificates of Sewer Lateral Compliance shall be valid for a period ten (10) years for sewer laterals that satisfactorily pass inspection occurring after Dec. 31, 2006 or that meet the requirements outlined in Section 30-8 but that do not meet the current building material standards of the City. (5) CITY DEFINED City shall mean the City of Ukiah, California. (6) CITY ENGINEER DEFINED City Engineer shall mean the City Engineer of the City. (7) CHANGE IN OWNERSHIP DEFINED Change in Ownership means a transfer of a present interest in real property, the value of which is substantially equal to the value of the fee interest, where any consideration is paid to the grantor for the conveyance or transfer. (8) CONTRACTOR DEFINED Contractor shall mean a person or entity duly licensed by the State of California to perform the type of work to be done under the permit. (g) COUNTY DEFINED County shall mean the County of Mendocino, California. (10) DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT Director of Planning and Community Development shall mean the Director of Planning and Community Development of the City. (11) DIRECTOR OF PUBLIC WORKS DEFINED Director of Public Works shall mean the Director of Public Works of the City. (12) DIRECTOR OF UKIAH PUBLIC UTILITIES DEFINED Director of Ukiah Public Utilities shall mean the Director of the Public "Utilities Department of the City. The Director of Ukiah Public Utilities or his/her designee shall perform all duties of sewer inspector under the terms of this ordinance. (13) DISTRICT DEFINED District shall mean the Ukiah Valley Sanitation Districf, California. (14) DOMESTIC SANITARY SEWAGE DEFINED Domestic sanitary sewage shall mean water-carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all ground water, surface water, storm water and industrial wastes. (15) GOOD CAUSE DEFINED Good cause shall mean practical difficulties, including interference with the use or safety of the public right of way, adverse weather conditions, or demonstrated economic hardship. (16) GARBAGE DEFINED Garbage shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. (17) INDUSTRIAL WASTES DEFINED Industrial wastes shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It shall not include domestic sanitary sewage. (18) MAIN SEWER DEFINED Main sewer shall mean a public sewer designed to accommodate more than one sewer lateral. (19) MULTIPLE DWELLING DEFINED Multiple dwelling shall mean a building or buildings on a single parcel for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one family, including, but not limited to, the following: hotels, motels, auto courts, trailer courts, apartment houses, condominiums, duplex, rooming house, boarding house, guest house and dormitories. (20) NOTICE TO REPAIR Notice to Repair shall mean notice issued by the Director of Ukiah Public Utilities to a property owner that the property owner is in violation of the Ordinance with respect to the property owner's sewer lateral, which order directs the abatement of the violation. (21) OUTSIDE SEWER DEFINED Outside sewer shall mean a sanitary sewer beyond the limits of the City not subject to the control or jurisdiction of City. (22) PERMIT DEFINED Permit shall mean any written authorization required pursuant to this Ordinance or any other regulation of District for the installation of any sewerage work. (23) PERSON DEFINED Person shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies thereof. (24) PLUMBER DEFINED Plumber shall mean a person or entity duly licensed by the State of California to perform the type of plumbing work to be done under the permit. (25) PRE-AUTHORIZED LIST Pre-authorized list shall mean the list of qualified plumbers, contractors, or other inspectors qualified by training and experience to conduct the required inspections, developed by the Director of Ukiah Public Utilities that may perform sewer lateral inspections without direct City oversight, in accordance with the provisions of this chapter. (27) PROPERTY OWNER Property owner shall mean the owner of the property as shown on the last equalized assessment roll or in the records of the Mendocino County Recorder. (28) PUBLIC DISTRICT DEFINED Public district shall mean any district organized under the laws of the State of California, which is authorized to engage in and is engaged in collecting and disposing of sewage. (29) PUBLIC PREMISES DEFINED Public premises shall mean any premises owned of record by the City of Ukiah, the Ukiah Valley Sanitation District, the County of Mendocino; the State of California, or the United States of America. (30) PUBLIC SEWER DEFINED Public sewer shall mean a main sewer lying within a street or easement, which is maintained and controlled by dr under the jurisdiction of the City.. and/or the District. (31} QUALITY CHARACTERISTICS AND ANALYSES DEFINED Quality characteristics and analyses shall mean as defined in the latest edition of "Standard Methods for the Examination of Waterand Wastewater" published by the American Public Health Association, or EPA Standard Procedures, and all sample collection, laboratory procedures of analyses, tests, measurements and data reporting. (31) SANITARY SEWER DEFINED Sanitary sewer shall mean a sewer, which carries sewage, and to which storm, surface and ground waters are not intentionally admitted. (32) SEWAGE DEFINED Sewage shall mean water-carried wastes from residences, business buildings, institutions and industrial establishments. (33) SEWERAGE WORKS DEFINED Sewerage works shall mean all facilities owned or controlled by the City except private sewers, for collecting, pumping, treating and disposing of sewage. (34) SEWER DEFINED Sewer shall mean a pipe or conduit for carrying sewage. (36) SEWER COLLECTION SYSTEM DEFINED Sewer Collection System shall mean the network of public sewers, including main sewers that transport flow by gravity, main sewers that transport flow under pressure and pumping stations, which carry sewage to the sewer treatment plant. (37) SEWER LATERAL DEFINED Sewer lateral shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and shall include the building lateral and street lateral together. (38) SEWER SERVICE UNIT DEFINED One sewer service unit is defined as being a single unit of sewer discharge having characteristics of flow, biochemical oxygen demand (B.O.D.) and suspended solids equivalent to that generated and discharged by a typical single-family residential unit. (38) SEWER TREATMENT PLANT DEFINED Sewer treatment plant shall mean the Sewer Treatment Plant owned and operated by tihe City. (39) SINGLE-FAMILY UNIT DEFINED Single-family unit shall mean-and refer to the place of residence for asingle-family. (40) STANDARD SPECIFICATIONS DEFINED Standard specifications shall mean a set of documents containing design and construction standards for all sewage works and sewer laterals as adopted by the City/District and as amended from time to time. (41) STATE DEFINED State shall mean the State of California. (42) STORM SEWER OR DRAIN DEFINED Storm sewer or storm drain shall mean a conveyance which carries storm waters, non-storm surface flows or ground waters and drainage, but in or through which sewage is prohibited. (43) STORM WATER DEFINED Storm water shall mean the water running off or draining from the surface and sub- surface of an area during and after a period of rain or irrigation. (44) STREETS DEFINED Streets shall mean any public highway, street, alley, public place, public easement or right of way. (45) STREET LATERAL DEFINED Street lateral shall mean the portion of a sewer lateral lying within a public street connecting a building lateral to the main sewer. ARTICLE 2. SEWER LATERAL TESTING SECTION 30-3 PURPOSE, POLICY AND ADMINISTRATION A. The purpose of this ordinance is to codify requirements for the testing, repair and replacement of sewer laterals within the District. B. It is the policy of the District to reasonably prevent infiltration, e>filtration and better protect the Sewer Treatment Plant and"the environment by requiring a reasonable prggram of testing, and if necessary repair and replacement, of private sewer laterals. C. The Ukiah Valley Sanitation District Board of Directors shall administer these requirements and has the authority to alter'or waive the requirements prescribed in this ordinance, if such requirements are impractical, because of the nature or physical locatibn of-the sewer lateral. D. Administrative Guidelines for Inspections Within ninety (90) days of the adoption of the Ordinance enacting this article, the Sanitation District shall prepare and promulgate the public administrative guidelines, which shall, among other things, establish the following: 1. A certification program for licensed plumbers, contractors and other qualified inspectors who will be placed on the Pre-Authorized List and the basis for obtaining and maintaining such a certification or for decertification; 2. Standard Inspection Report Forms and Guidelines for completing and using Sewer Lateral Inspection Reports; 3. A standard Notice to Repair and enforcement procedures for repair and replacements; 4. A standard Certificate of Sewer Lateral Compliance. SECTION 30-4 APPLICABILITY A. This Chapter shall apply to property located within the District and to property, which is located outside the boundaries of both the City and the District, which are served by the City Sewer Treatment Plant or the City's sewer mains. B. All sewer laterals that have been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable provisions of this article. No person constructing, repairing or replacing a sewer lateral, shall use that lateral to introduce sewage into the public sewer until the person has complied with sections 30.5 through 30.8 of this article, as appropriate. D. All sewer laterals connected to the public sewer, including sewer laterals serving residential, multi-family residential, commercial or industrial uses, shall be cleaned and tested in accordance with the appropriate provisions of sections 30.5 through 30.8 of this article.. upon the occurrence of any of the following, unless a valid Certificate of Sewer Lateral Compliance is on file with the City: 1. Upon the occurrence of a sanitary sewer overflow from the private lateral; 2. Upon the discovery of either an illegal connection as described in Section 2.4 of Ordinance 17 or an illegal discharge a5described ih Sections 3.3 and 7.5 of Ordinance 12 to the public sewer system; 3. Upon application for a building permit for work on an existing structure with a sewer service, where the value of the work, as set forth in the permit, exceeds $50;000, provided, however, that the value of work required by the Americans with Disabilities Act ("ADA") or to add fire sprinklers as required by the California Fire Code as adopted in the City of Ukiah, shall riot be included when determining whether a'sewer lateral is subject to inspection and testing; provided, further, that beginning on February 15, 2009, the $50,000 amount shall be adjusted annually by the percentage increase iri the Consumer Price Index over the same month in the previous year. CPI means the Consumer Price Index for San Francisco, Oakland-San Jose, CA, all items (base year 1982-1984=100) published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean comparable statistics on the purchasing power of the consumer dollar as determined by the City Manager. 4. The addition of a plumbing fixture having assigned to it two or more fixture units as are assigned by the California Plumbing Code as adopted in the City; 5. Upon a change of use of the property served from a residential to a commercial use or from a commercial use to a restaurant; 6. In conjunction with the replacement or rehabilitation of the public sewer main to which the lateral is connected; 7. Upon the occurrence of a Qualifying Sewer Lateral Service Call; and 8. Sewer laterals serving parcels that are located within 100 feet of any creek or stream which is declared by District resolution to be impacted by the sewer system. SECTION 30-5 APPROVED TESTING METHODS The sewer lateral shall be inspected and tested, using the following methods as allowed by and in accordance with standards adopted by the Director of Ukiah Public Utilities: 1. TV inspection. 2. Exfiltration testing. 3. Other similar inspection or testing methods as approved by the Director of Ukiah Public Utilities. SECTION 30-5. REQUIREMENTS FOR TESTING SEWER LATERALS PURSUANT TO SECTION 30-4.1.D.1-5 and 7-8 A. Sewer Lateral Service Providers 1. On and after February 15, 2008, any person or business entity providing sewer lateral service in the District for compensation shall file a written report with the City of Ukiah Public Utilities Departmenfofeach Qualifying Sewer Lateral Service Call it makes in the City of Ukiah. The report shall contain the date of the call, the address where the sewer lateral is located, and abrief description of the service and of the conditions making ita Qualifying Sewer Lateral Service Call. 2. The Public Utilities Director may adopt a form for use in filing the reports.' 3. Within fifteen (15) days of the receipt of a report of a Qualifying Sewer Lateral Service Call for an address in the District, the Public Utilities Director or designee shall provide written notice to the property address that a sewer lateral inspection is required. The mailing of the notice is the event giving rise to the obligation to conduct an inspection and test of the sewer lateral. 4. The Public Utilities Director shall coordinate with the County Treasurer-Tax Collector to monitor whether businesses that provide septic and sewer line cleaning, plumbing and similar services, which have been issued a County business license. are filing reports as required by this subsection. B. Testing Procedure: 1. Testing shall be completed within the time periods specified in the fourth column in the five-column chart contained in Section 30-10. 2. Testing shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the test, and who is determined by the Director of Public Utilities to be qualified to perform the test based on training and experience. 3. Permits and Inspection. Testing shall not commence without a valid permit issued by the City and the Director of Ukiah Public Utilities or his/her designee may witness testing. 4. Access. Access to the sewer lines to be tested and conditions necessary to conduct the test shall be made ready prior to scheduling a sewer lateral test. C. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re-inspections shall be conducted until the sewer lateral passes the required test. D. The property owner must complete the required repair or replacement of the sewer later and the sewer lateral must pass a retest within the time specified in the fifth column in the table contained in Section 30-10. This deadline may be extended by the Public Utilities Director for good cause, not to exceed ninety (90) days. If repair is not completed within the required time period, the City on behalf of the District may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more. than five (5) years. E. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passedlhe testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Cert'rficate bf Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development, and to the extent authorized by law, the Mendocino County Recorder. F. Role of the Director of Planning and Community Development The Director of Planning and Community Development and the Director of Ukiah Public Utilities, in consultation with each other, are hereby authorized to take the actions necessary to implement this section through the building permit process and to integrate its implementation with the requirements of the Plumbing Code as adopted in the City. SECTION 30-7 REQUIREMENTS FOR SEWER LATERALS UPON REPAIR OR REPLACEMENT OF THE PUBLIC SEWER MAIN OR UPON DETERMINATION OF THE DIRECTOR OF UKIAH PUBLIC UTILITIES A. Testing Procedure: Testing may be performed in accordance with the requirements of section 30-5 or, if authorized by District resolution, the City in conjunction with its rehabilitation or replacement work may perform testing. Upon completion of the testing, the Director of Ukiah Public Utilities or his/her designee shall issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair. B. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re-inspections shall be conducted until the sewer lateral passes the required test. 1. All repair or replacement work shall be completed by a person properly licensed to perform the work, including licensed plumber and/or contractor and shall be 10 completed under all appropriate permits from the City including, as appropriate, building and encroachment permits. Z. AI( repairs must be completed within time specified in the fifth column of the table in Section 30-10, unless, for good cause shown, the Director of Ukiah Public Utilities, not to exceed ninety (90) days, grants an extension 3. If repair is not completed within the required time period, on behalf of the District the City may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (5) years. 4. The District may, by Resolution, prescribe alternative procedures, by which the repair or replacement work shall be performed including„ but not limited to, the degree to which the City on behalf of the District shall offer to perform all or a portion of the work or contribute towards the cost of the work, using loans or grants. C. Certificate of Sewer Lateral Compliance; Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public. Utilities or his/her designee shall execute a Cert'rficate df Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development and to the extent authorized by law, the Mendocino County Recorder. SECTION 30-8 CERTIFICATE OF SEWER LATERAL COMPLIANCE WITHOUT INSPECTION A Property Owner may apply for and the Director of Ukiah Public Utilities or his/her designee may issue a Certificate of Sewer Lateral Compliance without inspection under the following circumstances: 1. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the building on the property is ten (10) years old or less; or 2. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the sewer lateral was repaired or replaced and passed inspection within the previous ten (10) years; or 3. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the lateral has passed an inspection within the past five (5) years. In such cases, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development. 11 SECTION 30-9 FEES The District may establish fees by Resolution for administration of this Article. SECTION 30-10 SEWER LATERAL INSPECTION AND TESTING PROGRAM, EVENTS AND TIME FRAMES TO COMPLETE WORK ON SEWER LATERAL TIME FRAMES TO PERFORM WORK ON SEWER LATERAL EVENT Clean & Video Water Test Repair or Inspect When Complete Replace inspection Within 30 days indicates ~n/ithin 7 days of of Failed Qualifying Sewer At time of damage, Service Call or Water Test Lateral Service Call service displacement, Notice with Max of 90 or deflection of day Extension lateral for Cause __ Inspection ___ _ Within 30 days Within 7 days of ihdicates Within 7 days of of Failed Sanitary Sewer Notice or At damage, Service Call or Water Test Overflow Time of Service displacement, Notice with Max of 90 or deflection of day Extension lateral for Cause ___ _ Remodels to _ Structure Being Prior to Permit Prior to Permit Prior to Permit Prior to Permit Served of $50k or Final Final Final Final Greater Addition of 2 FU or Prior to Permit Prior to Permit Prior to Permit Prior to Permit Greater to Building or Final Final Final Final Site Plumbin Addition of Bedroom Prior to Permit Prior to Permit Prior to Permit Prior to Permit Final Final Final Final Change of Property Use: Residential to Prior to Commercial and Non- Prior to Opening Prior to Opening Prior to Opening Opening Restaurant Under New Under New Under New Under New Commercial to Permitted Use Permitted Use Permitted Use permitted Use Restaurant Commercial ____ Within 30 days of Failed Illegal Connection Within 7 days of Within 7 days of Within 7 days of Water Test Notice Notice Notice with Max of 90 day Extension for Cause 12 Prohibited Discharge Rehabilitation or Replacement of Sewer Main Parcel Served is within 100 feet of Creek which is Declared Impacted by Sewer Svstem SECTION 30-11 Within 30 days of Failed Water Test with Max of 90 day Extension for Cause Within 7 days of ', Within 7 days of Within 7 days of Notice I Notice Notice Within 1 year of Completion of Sewer Main Within 1 Year of Adopfioh of Resolution (or Notice) Within 1 year c Completion of Sewer Main Work Within 1 Year of Adoption of Resolution (or Notice) Within 1 year of Completion of Sewer Main Work Within 1 Year of Adoption of Resolution (or Notice) SEVERABILITY Within 2 years of Failed Wafer Test Within 2 years of Failed Water Test !f any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid,. such decision shall not affect the. validity of the{emaining portions of this Ordinance. The District hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 30-12 CEQA This Ordinance is exempt from the California Environmental Quality Act under Public Resources Code Sections 21065 and 21080(b) (8). SECTION 30-13 EFFECTIVE DATE This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. Introduced by title only on , 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 13 ATTEST: 14 AITACHr~nrNT CITY OF UKIAH AND UKIAH VALLEY SANITATION DISTRICT SEWER LATERAL REPLACEMENT/REPAIR GRANT PROGRAM GUIDELINES This Sewer Lateral Replacement/Repair Grant Program (Grant Program) is offered to eligible owners of property located within the City of Ukiah (City) or the Ukiah Valley Sanitation District (District) to help defray the cost of replacing or repairing a qualified defective sewer lateral. Sewer lateral repairs must meet the standards established fora 25 year Sewer Lateral Certificare of Compliance to be eligible for a grant. The City and the District reserve the right to suspend or terminate the Grant Program at any time for any reason and they will suspend or terminate the program if program funds are exhausted. The City and District reserve the right to substitute the Grant Program with a Public Work Project for street lateral rehabilitation consisting of the relining of the street lateral and construction of a two way sewer lateral cleanout within the public right of way or any other Cost Participating Project related to the repair or replacement of the sewer lateral in whole or in part. A determination to substitute the Grant Program with a Public Work Project or Cost Participation Project will be made on a project by project basis associated with the rehabilitation of the sewer main and such decision will be made by the governing body of the City or District. DEFINITIONS As used in this Grant Program, the fallowing words and phrases shall have the following definitions, which need not be capitalized, when used in these Guidelines: A. "Application" shall mean and refer to a form and process that an eligible property owner must complete and follow in order to qualify for a grant under the Grant Program. All applications will be prioritized by the City or District and reviewed for approval. B. "Building Drain" shall mean and refer to that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building or structure and conveys it to the building sewer which begins two feet outside the exterior building wall. C. "Building Sewer" shall mean and refer to that that portion of the sewer lateral which extends from two feet from outside the exterior building wall to the property line. D. "Building Wall" shall mean and refer to a component part of a structure built, erected, framed and designed for the housing, shelter, enclosure or support of persons, animals, or property of any kind. E. "Closed Circuit TV Inspection" or "CCTV Inspection" shall mean and refer to a process whereby a camera is placed into and run through the inside of a sewer lateral or public sewer main for the purpose of visually detecting leaks or other defects and the inspection is recorded on DVD or videotape or other approved recording medium all in accordance with the standards and specifications adopted by the City and District. F. "Defective Sewer Lateral, Defective Building Lateral or Defective Street Lateral" shall mean and refer to any sewer lateral, building lateral, or street lateral that fails the exfiltration test or that at the sole discretion of the City or District unacceptable pipe defects are noted as a result of the CCTV Inspection. G. "Eligible Costs' shall mean and refer to qualified expenditures made by the property owner as a result of replacing or repairing a qualified defective sewer lateral that can be reimbursed to the property owner under the Grant Program up to the maximum reimbursement amount allowed. H. "Eligible Property Owner" shall mean and refer to any Property Owner legally connected to the City or District public sewer main by a defective sewer lateral and who is not discharging prohibited liquids and substances into the sewer lateral and illegal connections to the sewer lateral do not exist. I. "Exfiltration Test" shall mean and refer to the static water test that is to be performed on a sewer lateral in accordance with the procedures and standards established by the City and District to determine if the lateral is defective. J. "Grant" shall mean and refer to an amount of money that may be reimbursed by the City or District to an Eligible property Owner or his/her agent or designee and is less than or equal to 50% (fifty percent) of the Eligible Costs. The Grant amount shall not exceed the Maximum Grant Amount. K. "Maximum Grant Amount" shall mean and refer to the maximum reimbursement that will be made by the City or District for each qualifying defective sewer lateral and this maximum reimbursement shall be set by Resolution of the Governing Body. L. "Grant Funds" shall mean and refer to a portion of those funds designated for Inflow/Infiltration reduction within Budget Account 614.3510-810.004 for the City and Budget Account 614.3510.811.004 for the District. The amount of Grant Funds shall be determined by the City or District on an annual basis. M. "Public Sewer Main" shall mean and refer to the sewers awned or maintained by the City or District lying within the limits of public streets, roads, easements, reserves, non-exclusive easements or other rights of way serving or intended to serve two or more separate properties, persons, or parcels. The street lateral is not a Public Sewer Main, however, the street lateral wye connection to the sewer main shall be considered as a component of the Public Sewer Main. Any sewer lateral connection that is made to sewer main without the use of a fitting such as a wye or saddle is not a component of the Public Sewer Main. N. "Qualified Defective Sewer Lateral" shall mean and refer to a sewer lateral that has been inspected and tested as a result of the occurrence of an event or trigger that requires the inspection and testing of the sewer lateral pursuant to the Sewer Lateral Inspection and Testing Ordinances adopted by the City or District and the sewer lateral has failed the exfiltration test or the City or District has determined as a result of the CCTV Inspection that the condition of the sewer lateral is not acceptable. A Qualified Defective Sewer lateral does not include a sewer lateral which has been tested and inspected at the discretion of the property owner or his/her agent or designee. O. "Qualified Expenditure" or "Qualified Expense" shall mean and refer to a monetary expense for labor, materials, and equipment incurred by the property owner as a result of making permitted repairs or replacements to a qualified defective sewer lateral subsequent to receiving an approved permit to perform a sewer lateral inspection and test. A qualified expense includes the expenditures for the necessary excavation and backfill related to the repair or replacement of a qualified defective sewer lateral including the reasonable restoration of improvements and landscape to a condition that existed just prior to the performance of the excavation work. A Qualified Expenditure does not include costs incurred by the property owner for permit and inspection fees and for services related to the inspection and testing of the sewer lateral. If the repair or replacement of the building sewer lateral is made by the property owner, as opposed to the employees or contractors of the property owner, a labor cost allowance will not be considered as a Qualified Expenditure. P. "Reasonable Replacement" shall mean and refer to the in-kind replacement of overlying improvements and landscaping directly above the repaired or replaced qualified defective sewer lateral and it shall exclude any upgrade in any replaced improvement or landscape or the replacement of improvements and landscaping that were removed at the discretion of the property owner or their agent. Q. "Sewer Lateral Repair(s)" shall mean and refer to repair methods made to the sewer lateral that meet the standards established by the City or District for obtaining a 25 year Sewer Lateral Certificate of Compliance. R. "Street Lateral" shall mean and refer to that portion of the sewer lateral which extends from the property line to the Public Sewer Main. GUIDELINES FOR GRANTS TO ELIGIBLE PROPERTY OWNERS 1. The Grant Program is available only to Eligible Property Owners who are required to repair or replace a qualified defective sewer lateral because of the occurrence of an event or trigger which requires the inspection and testing of the sewer lateral in accordance with the City's or District's Sewer Lateral Inspection and Testing Ordinance. The maximum Grant Amount for the repair or replacement of each qualified defective sewer lateral shall be set by Resolution. Because Grant Funds are limited, the Grant Program is not available to Property Owners who repair or replace their sewer lateral at their own discretion or to Property Owners who construct new structures on vacant parcels or who redevelop previously developed parcels and utilize the existing sewer lateral(s). 2. To become eligible to receive a Grant, an Eligible Property Owner must first submit a completed Grant Application along with evidence that the sewer lateral is a qualified defective sewer lateral. The Grant Application may either be submitted prior to the start or after the completion of the sewer lateral repair or replacement work. In either case, the sewer lateral repair or replacement work must be performed under a permit issued by the City or the District. a. If the Grant Application is submitted prior to the start of the repair or replacement of a qualified defective sewer lateral, the Eligible Property Owner shall obtain at least one bid or cost quotation for the repair or replacement work. All bids or cost quotations shall be obtained from contractors licensed with the State of California to perform work on private sewer laterals. In the case of repairs to the sewer {ateral, the scope of work contained In the bid or quote shall be sufficient to ensure that the repair work, once completed and tested, will meet the standards established fora 25 year Sewer Lateral Certificate of Compliance. All bids shall be submitted with the Grant Application to the City or District for review and confirmation of Eligible Costs. After the Grant Application has been approved by the City or the District and the sewer lateral repair or replacement work Is completed within 60 days from the approval date of the Grant Application and the repaired or replaced sewer lateral passes the Exfiltration Test, payment of the approved eligible costs up to the maximum amount allowed for the grant is guaranteed. Payment of the Grant amount will be made to the Eligible Property Owner after the permit is finalized and within the City's and District's normal time frame for processing warrants. Should the sewer lateral repair or replacement work not be completed within the time frame stipulated on the approved Grant Application, the application will be processed as if the sewer lateral repair or replacement work had been completed prior to receiving an approved Grant Application. b. If the Grant Application is submitted subsequent to the completion of the sewer lateral repair or replacement work, the Eligible Property Owner shall submit with the Grant Application copies of all invoices from the licensed contractor who performed the work or, if the work was self performed by the Eligible Property Owner, copies of the material and equipment payment receipts. After receipt of a complete Grant Application, the City or District will determine which costs are Eligible Costs and any cost(s) which appear to be unreasonable for the type of work performed will be subject to revision to be considered Eligible Costs. If sufficient funds are available within the Grant Fund and the repaired or replaced sewer lateral has passed the Exfiltration Test and the Permit finalized, the Grant Application will be approved. Payment of the Grani amount will be made to the Eligible Property Owner within the City's and District's normal time frame for processing warrants. The submittal date of a complete Grant Application will determine its order to be considered for any available grant funding. c. If an Eligible Property owner elects to self perform the repair or replacement of a qualified defective sewer lateral, the Grant Application process must follow the process described in sub-paragraph b, above. Unless the Eligible Property Owner is a licensed Contractor with the State of California and is qualified to perform work on a private sewer lateral, the Eligible Property Owner cannot self perform work on the street lateral. d. Grant funds not exceeding the maximum Grant Amounts shall be set aside by the City or District and reserved for Property Owners who become Eligible as a result of the rehabilitation or replacement of the sewer main for one year commencing with the date of the Notice of Completion of the sewer main work. After the one year period, the approval of the Grant Application will be subject to available funds and processed as indicated in either sub-paragraphs a or b, above. 3. Only the following shall constitute evidence that a sewer lateral is a qualified defective sewer lateral: A CCTV inspection and an Exfiltration Test were performed as required by the City's or District's Sewer Lateral Inspection and Testing Ordinance, and b. The CCTV inspection indicates that the sewer lateral is a defective sewer lateral. The following shall constitute a defective sewer lateral. i. Either any one of the following three conditions of the sewer lateral: a) The pipe section has been altered as a result of a partial or complete pipe collapse and flow blockages have or can occur as a result of the altered pipe section; b) A severe belly or sump within the sewer lateral causes the settlement of solids thereby increasing the risk of flow blockages; c) An offset in a pipe joint which can restrict the flow of solids and cause flow blockages; or ii. The sewer lateral fails the Exfiltration Test. 4. Subsequent to the finalization of the Permit for sewer lateral repair or replacement, a Sewer Lateral Certificate of Compliance shall be issued by the City or District in accordance with the City's or District's Sewer Lateral Inspection and Testing Ordinances. A sewer lateral will not be eligible for another Grant until the Certificate of Compliance for that lateral has expired. 5. Prior to performing any work within the public right of way, an encroachment permit must be obtained from the agency having jurisdiction. 6. The following types of repair or replacements are reimbursable under the Grant Program: a. Open trench repair of the sewer lateral. b. Either partial or compete open +~ar placement of the sewer lateral. c ?•~~=' ;s technole~'~ _ „ape bursting and pipe relining. Pipe relining may be Ui„er nether-~ .,y thF ^ , ~r [?icr•'^r n~',or to implementation. 7. The expenoitures. for the •`o!Ic ,, work items related to the repair or replacement of the seu<er iGeral are ic; oe considerer' r<r<a°` ng expenditures: a ''^~'~act^~'^ atioi =: .. '°^iobdization. b- bai~i,ut:,~ .,: a~pnalt and ~ _~~ ~ cement conc^'` ~"~~~ `~rd surfaces to be removed to gain access to the sewer lateral. c. Traffic control related to the repair or replacement of the street lateral. d. Removal and replacement of public improvements over the street lateral. e. Reasonable removal and replacement of private improvements such as landscape, concrete, brick, or stone walkways and landscape irrigation. f. Removing and resetting portable landscape features such as small fountains and statues. g. Removing and resetting brick or concrete block planters and walls directly over the sewer lateral. h. Sewer lateral pipe materials including fittings and gaskets or glue. i. Excavation and backfill for open trench repair or replacement or for access pits needed for pipe bursting. j. All equipment used to excavate, backfill, pipe burst or reline the sewer lateral. k. Cleanup, hauling, and disposal of excavated materials including landfill or transfer station disposal fees. 8. The expenditures for the following type of items related to the repair or replacement of the sewer lateral are not to be considered qualifying expenditures: a. CCN inspections and Exfiltration Tests. b. Fees for permits and inspections. c. Installation of a sewer lateral cleanout needed to perform the CCTV inspection or to comply with the Plumbing Code. d. Tree and/or stump removal. e. Removal, replacement, or repair of in ground ponds or pools. f. Obtaining estimates, bids, or quotes. g. Acquisition of tools to perform the work. h. Labor allowances and vehicle fuel, depreciation, mileage allowance, maintenance and all other vehicle expenses incurred in the course of material, equipment, and tool acquisitions and debris hauling and disposal when the work is self performed by the Eligible Property Owner. 9. In the event that there is an unresolved dispute between City or District Staff and the Grant Applicant regarding a determination made by staff, the following dispute resolution procedure shall be followed: a. In the City, the Grant Applicant must first file a written request for resolution of the dispute to the Public Utilities Director. If a satisfactory resolution is not achieved within 15 calendar days, the Grant Applicant may file a claim with the City Clerk and the claim will be submitted to the City Council for resolution at the next regular City Council meeting occurring not less than 10 days following the filing of the claim with the City Clerk. The City Council shall provide an opportunity at the meeting for the Grant Applicant to make a presentation in support of his or her claim. It shall allow an opportunity for staff to present its position and shall hear from any other interested parties.The City Council shall have the final decision in the resolution of the dispute. b. In the District, the Grant Applicant must first file a written request for resolution of the dispute to the District Manager or to the CEO or his designee if a District Manager has not been appointed If a satisfactory resolution is not achieved within 15 calendar days, the Grant Apply^-.,,c may su,mit a r< - est to the CEO or his designee that the written dispute be N~aced on the agenda for the next District Board meeting. The District Board sha" ;.~ovide an opportunity at the meeting for the Grant Applicant to make a presentation in support of his or her claim. It shall allow an opportunity for staff to present its position and shall hear from any other interested parties. The District Board shall have the final decision in the resolution of the dispute. SEWER MAIN AND LATERAL REHABILITATION PROGRAM PROGRAM EXPENDITURE ANNUAL ALLOWANCE for 07/08 FY Available Program Funding for 07/08: $850,000 Total gmount Amount Available to Available by Available to City District Category Line Replacement $290,600.00 $154,018.00 $136,582.00 Main Replacement $310,778.00 $164,712.00 $146,066.00 Inflow/Infiltration $248,622.00 $131,770.00 $116,852.00 TOTALS $850,000.00 $450,500.00 $399,500.00 Probable Costs for Pending District Project, Washington St from Helen to State Item Quantity Unit Unit Cost Total Item Cost % of Annual Allowance Reline 6" Clay Main 411 LF $40 $16,440 Reline 6" AC Main 690 LF $40 $27,600 Reline 8" Clay Line 1245 LF $45 $56,025 Treat Manholes 14 EA $5,000 $70,000 Clean and Trim Main Lump Sum LS $20,000 $20,000 Mobilization Lump Sum LS $10,000 $10,000 Subtotal $200,065 50.08% Testing Program $40,000 10.01% Lateral Contribution 36 EA $2,000 $72,000 18.02% Total Project Cost $312,065 78.11% Annual Allowance $399,500 Balance Remaining $87,435 10% District wide allowance for lateral repair $39,950.00 (20 laterals) Project Length is 0.44 miles which represents 0.9% of total District Main (.44/48.9) Attuc~ ~ment ~ , CITY OF UKIAH AND UKIAH VALLEY SANITATION DISTRICT REPORT ON ALTERNATIVE SEWER LATERAL INSPECTION, TESTING AND REPAIR PROGRAM DRAFT September 14, ?007 Prepnred by: WINZLER & KELLY CONSliLTING ENGINEERS 49~ Tesconi Circle Santa Rosa, CA 95404 (707)523-1010 TABLE OF COPiTENTS 1.0 INTRODUCTION 1.1 Background & Purhose ........................................................................................ ]-1 I.Z Policy Principals .................................................................................................. 1-~ Z.0 L-XIS'I ING CONDITION INFORMATION ................................................................... Z-I 2.1 Existing Collection System Description and Condition ......................................2-1 2? Scope of the Geographic Program ........................................._............................2-2 2.; City s Sewer Rate Structure and Available Budgets ...........................................2-3 3.0 ALTERNATIVE PROGRAM DESCRIPTION ..............................................................3-1 4.0 REFERENCES ................................................................................................................4-1 `TGrr it a rlrajf mpar/ and a ao1 irdrurlrr! Io Gr a foal repruenlalroa ojlGe cork rlmn or rero+nmeurla/ionr niarle Gp Bronm nnr(Ca/rLudl. 7t rhwrld not Gr alird upon; rn+uah fhr final rrport.'~ City of Ukia/r and Ukiah I "nllc~~ Sani~a~ion Drsrrict 2epo~t wr aternn~ive Server Lateral lrrspectlon and Tes(ing Prog~arrc Pnee l-1 1.0 INTRODti CTION I.I Background & Purpose The City of Ukiah (City) owns and operates a sanitary sewer collection system and a sewer treatment plant to serve the residents and businesses within its limits. The Ukiah Valley Sanitation District (District) owns a sanitazy sewer collection system that is interconnected with the City's collection system and tributary to the City's treatment plant. The City operates the District's collection system under agreement In ?005, the City and the District jointly entered into a Consent Decree and Order with Northern California River Watch (River Watch) and agreed to implement programs to reduce infiltration and inflow (UI) into the sewer collection systems that they maintain. Both agencies initially adopted point-of--sale requirements for inspection and repair of private sewer laterals in order to comply with the Consent Decree. At this time, both The City and the District would prefer to align the sewer lateral testing and repair program with a planned, condition-based repair program for the public sewer mains. Both agencies believe that this type of program will focus resoruces, including resources made available for property assistance programs, on areas most in need of repair or rehabilitation. [n addition, both the public agencies and private owners may experience some economies of scale when work is performed in a coordinated fashion by neighborhood. By focusing capital investment on areas most in need of repair, the agencies will more effectively improve the condition of the overall system, which will reduce I/I and the potential for sanitary sewer system overflows (SSOs). Implementation of a geographic based program is also consistent with the requirements of the State Water Resources Control Board Order No. ?006-0003 DWQ (Statewide General Waste Discharge Requirements for Sanitary Sewer Systems or GWDRs), which set new standards for collection system maintenance and management. The GWDRs require that bout the City and the District prepare a Sanitary Sewer Management Plan by July 2009. As part of this Plan, the agencies will develop goals for the management of the collection systems and evaluate and prioritize their Capital Improvement Programs. The purpose of this report is to present, for North Coast River Watch's consideration, an alternative approach to accomplishing a sewer lateral testing and repair program. The report includes: • An outline of the condition of the two collection systems, based on a geographical analysis. including a description of proposed near-term repair projects; • A suntmazy of the financial resom~ces available to the City and District for implementing a repair program; Cin~ of Ukiah mrd Ukiah l'allev Sanitation District Report an ~1Gernativa Semen Lateral /n.cpecti¢ra and Testiaeg Pragraut Page 1-7 • A description of the elements of the proposed program, includine a description of proposed near-teen repair projects and on-going monitoring strategies. Based upon River Watch's review and comment, the City vrd District may propose to modify their Sewer Use Ordinances to implement a geographic based repair program of sewer mains and laterals. 1.2 Policy Principals The proposed alternate sewer lateral prograzn was crafred by City and District staff and consultants under the direction and review of the Sewer Lateral Ad Hoc Committee. This committee includes members of the Ciry Council, and District Board of Directors, and local citizens representing a variety of stakeholder interests. The Sewer Lateral Ad Hoc Committee set forth goals for the geographic program including: I. A sustained rate of improvement in the collection system within the available funding limitations. 2. A prioritized investment strategy in order to get the most "bang for the buck". 3. A focus on the costs and benefits of activities. 4. A conmrunication strategy that informs property owners of the standards to which they will be expected to perform ~. .A plainly- worded Ordinances that explain required actions and timeframes for property owners. CiN of Ukia/v and Gkinh Volley .Smritatinn District Repor! an:1/ternatn~e Sewer.Gnleraf Inspection and Testing Pragrnm Pape 3-l 2.0 EXISTING CONDITION INFORMATION 'This section provides information on the known condition of the collection systems and on the rate structure and budgets for the City and District. This existing condition information provides the backeround for identifying and prioritizing a geographic program. 2.1 Existing Collection System Description and Condition The City and the District own and operate approximately 90 miles of collection system pipeline in eight major drainage basins. Forty-four miles are in the City's jurisdiction and 46 miles are in the District'sjurisdiction. The collection system varies from 6 to 42 inches in dianeter; the majority of pipelines are 6 to 8 inches in diameter. Approximately 30-percent of the system is over forty years old. The City has conducted flow monitoring within the collection system on several different occasions, most recently in 2003 as part of the design of its treatment plant upgrade. Technical Memorandtmt No. 25A (Revision 2) dated June 24, 2003 and prepared by Brown and Caldwell indicates that there are four basins with high infiltration and inflow. These are Basins 3, 4, 5 and 6. Figure 1 illustrates Basins 3 and 5 in Red, Basin 4 in Yellow and Basin 6 in Blue. Subsequent analysis in Basin 5, in the upper right corner of Figure 1, documented that the collection system is in good condition and the flow peaks are a result of a permitted discharge. It would be inappropriate to include this basin in focused 1/I correction program. The City is proposing to initially focus it geographic program on three major areas: Basins with high I/I, namely Basins 3, 4 and 6; • Areas of known SSOs. The Otte regular SSO in the collection system is wit}tin Basin 4 and illustrated with a yellow dot on Figure 1; and Pipelines within 100-feet of a river or creek and located outside of the basins described above, if the healthy waterways study indicates that there are elevated levels of human markers in the surface waters. These are illustrated in purple in Figure 1. Attachment 1, separately provided includes a map illustrating the rivers and creeks. City of Ukiuh and Ukraly Pa!/e~~ Snnrmtion Districl Repru•r on Alternative Server Lateral Lnspec[iaa and TesrD~g Progrmn Poke 2-1 FIGURE 1 SCOPE OF GEOGRAPHIC ANALYSIS The City's Geographic Information System (GIS), includes data on both the City and the District's collection system. The GIS was interrogated in order to understand the potential size of the proposed geagraphic program. Table 2-1 below presents inforntation on the length of collection system and number of laterals in the target areas. Basically the target areas include over 50 miles of publicly owned sewer mains and approximately 4,020 laterals. Table 2.1 Potential Scope of the Target Areas Target Area Lineal Feet of Miles of %of Number of Collection Collection Target Laterals System System Area Basin 3 75,565 14 28% 1,331 Basin4 98,543 19 38% 1,638 Basin 6 56,737 11 22°/u 908 Near Creeks 33,747 6 12% 142 Totals 264,629 50 100°h 4,019 A concephtal budget range was also developed for the program tinder the following two scenarios: 2.2 Scope of the Geographic Program Cip• of Ukiah mrd Ukiah Valley Sanltcr7ion District Report on Alternntive Sewer Lateral Lrspertion and Tes7rng Program Pape ?-3 Scenario l: Mainline repairs can be accomplished by slip-lining at a currently anticipated cost of $50 per linear foot and 50-percent of the laterals need to be repaired at a currently anticipated average cost of $6,500 per each lateral. Scenario 2: Mainline repairs must be accomplished by complete replacement at a currently anticipated cost of $200 per linear foot and 100% of the laterals need to be repaired at a currently anticipated average cost of $6,500 per each lateral. Table 2-2 and 2-3 illustrate these estimates which essentially "bracket" the investment that is likely to be required by the City and District. Scenario I represents a "least cost" investment requirement, where most repairs lend themselves to lining. Scenario 2 represents a "worst case" investment requirement where most repairs require complete mainline replacement. Table 2-2 Conceptual Cost Estimate Scenariol Target Area Pipelines@ 50%of Laterals Totals $50 per LF @ $6,500 EA Basin 3 $3.8 million $4.3 million $8.1 million Basin 4 $4.8 million $5.4 million $10.2 million Basin 6 $2.8 million $3.0 million $5.8 million Near Creeks $1.7 million $0.5 million $2.2 million Totals $13.1 million $13.2 million $26.3 million Table 2-3 Conceptual Cost Estimate Scenario 2 Target Area Pipelines @ 100%, of Totals $2D0 per LF Laterals @ $6,500 EA Basin 3 $15.1 million $8.6 million $23.7 million Basin 4 $19.7 million $10.7 million $30.4 million Basin 6 $11.3 million $5.9 million $17.2 million Near Creeks $6.8 million $0.9 million $7.7 million Totals $52.9 million $26.1 million $79.0 million 2.3 City's Sewer Rate Structure and Ava ilable Budgets In fate 2005, the City and the District approved aphased-in sewer rate increase to manage the capital and operational needs of their collection systems and their shared treatment plant. While the primary driver for the sewer rate increase was the need to finance upgrades to the sewer treatment plant, the rates also support an ongoing Capital Improvement Program (CIP) that includes funding for collection system repair, rehabilitation, upgrade and I/I control. The adopted sewer rate structure, when fully phased-in at Fiscal Year 2009/10 will provide $4,426,000 for the 5-Year Collection System CIP. This equates to an average annual budget allowance of $585,200. Table 2-4 below compares the annual CIP funding available to the conceptua] cost estimates developed for Scenario 1 and Scenazio 2. Ciw of Ukiah and Ukiah Valley Sanita(rai Disn~ict Report an Allernnlrve.Seiner Ln~eral Inspeciiai and Teslneg Program Page ?-i Table 2-4 Equivalent Annual Budget Compared to Estimated Asset Management Needs Scenario 1 Scenario 2 Total Conceptual Cast Estimate $26.3 million $79.0 million Equivalent Annual CIP Budget $0.89 million $0.89 million Estimated Program Life (Total CosUAnnual Budget) 30 years 89 years Annual Percentage of Program Accomplished 3% 1°/ (Annual BudgetlTotal Cost) Table 2-4 indicates the following key points: • The total program cost requirements are highly dependent on the condition of the sewer collection system. The program cost will likely be bracketed by the estimates for Scenario ]and Scenario 2. • The available budget does allow the City and the pistrict to make a significant annual contribution to the collection system program. A I % per year repair and replacement budget is a common asset management benchmazk for wtderground infrastructure. The City and District can accomplish at least this replacement rate, and possibly quite a bit more, depending on condition of pipeline and the appropriate repair teclutology. • The total program budgets include lateral repair costs, which indicate that the City and District can afford to provide some type of property owner assistance and stilt accomplish mainline repair goals. City of Ukiah and Ukiah ballet' Sanitnrion District Repa~t ar Alternntine Seirer Lateral Lrspecrion and Testing Progrnm Pate 3-l 3.U ALTERNATIVE PROGRAM DESCRIPTION This section describes the alternative program proposed by the City and the District. The program has been developed based on dte policy principals outlined in Section 1 and the condition and budget infomtation developed in Section ?. Program Element 1: The Program will focus primarily on repairs in the Target Areas including Basins 3, 4 and 6 and, if appropriate, pipelines within 100-feet of creeks. The program wilt be prioritized based on pipeline condition and will be integrated, as appropriate, with the Sanitary Sewer Management Plans (SSMPs) being developed by the City and the District. Program Element 2: The City and District will review the results of the healthy waterways study and, if appropriate, focus CCTV efforts on pipelines within 100-feet of creeks, in order to confirm pipeline condition and priority for repair. Program Element 3: The City and District will begin a collection system rehabilitation and repair program using available revenue that has been programmed into die rate base. • The Year 1 (FY ?007-?008) Program will include rehabilitation of pipelines on Washington Avenue and Dora Street. • Subsequeut Fiscal Year iuvestntents will be based on the results of the SSMPs Program Element d: The City and District w~Il modify their respective sewer use ordinances to include the following triggers for lateral inspection and, if necessary, repair: • Qualifying Lateral Service Call • Sanitary Sewer Overflow • Remodels to the Structure being Served of $50,000 or greater • Addition of 1 Fixhtre Unit or Greater to Building or Site Plumbing • Addition of 1 Bedroom • Change of Property Use from Residential to Commercial or from Non-Restaurant Commercial to Restaurant Commercial • Illegal Connections • Prohibited Discharge • In Conjtmction with Rehabilitation or Replacement of Sewer Mains • If necessary, for pazcels within 100 feet of a creek or river Citl' of 1~7.in/r mrrl Ukiah f'nller Smritntian Disu~ict Repa~t as Alternative Se~+~er Lateral Grspection nnrl Testing Program Paee 3-? As part of their work, the Sewer Lateral Ad Hoc Committee outlined preliminary timeframes for completion of required lateral inspection and repair work. These are presented in Table 3-1, and may be refined as the City and District develop implementing ordinances. Table 3-1 Events and Time Frames for Sewer Lateral Inspection and Repairs TIME FRAMES TO PERFORM WORK ON SEWER LATERAL EVENT l & Vid I t Water Test air or Re Re l ean eo nspec C When Com lete p p ace Within 30 days of Inspection indicates Within ~ days of Service Failed Water Test Qualifying Lateral Service Call At time of service damage, displacement, Call or Notice with Max of 90 day or deflection Extension for Cause Within 30 days of Within 7 days of Notice Inspection indicates Within 7 days of Service Failed Water Test SSO or At Time of Service damage, tlisplacemeni Catl or Notice with Max of 90 day or deflection Extension (or Cause Remodels to Structure being prior to Permit Final Prior to Permit Final Prior to Permit Final Prior to Permit Final Servetl of S50k or Greater Addition of ~ FU or Greater to prior to Permit Final Prior to Permit Final Prior to Permit Final Prior to Permit Final Buildin or Site Plumbin ddition of Bedroom Prior to Permit Final Pnor to Permit Final Prior to Permit Final Prior to Permit Final Change of Property Use. prior to Opening Residential to Commercial and Prior to Opening Under Prior to Opening Under Prior to Opening Under Under New Permitted Non-Restaurant Commercial to New Permitted Use New Permitted Use New Pertnitled Use Use Restaurant Commercial Within 30 days of Illegal Connection Within 7 days of Notice Within 7 days of Notice Within 7 days of Notice Failed Water Test antl Smoke Tesl with Max of 90 tlay Extension for Cause Within 30 days of Prohibited Discharge Wilhir. 7 days of Notice Within 7 days of Notice Within 7 days of Notice Failed Water Test with Max of 90 day Extension for Cause Rehabilitation or Replacement Within ~ year o! Within 1 year of Within t year of Within 2 years of of Sewer Main Completion of Sewer Completion of Sewer Completion of Sewer Failed Water Test Main Work Main Work Main Work Parcel Served Within 100 feet Within .Year of Within 7 Year of Within 1 Year of Vyithin 2 years of of Creek Adoption of Ordinance Adoption of Ordinance Adoption of Ordinance Failed Water Test or Notice or Notice or Notiw) Program Element 5: Consistent with the existing Sewer Use Ordinances for both the City and District, each agency may implement aproperty-owner assistance program based on policies that are codified by Resolutiat. Cin~ of Ukiah and Ukiala Vallev Snnitatian District Report av Alternntire Setiner Lntera! Inspection and Testing Progim++ Pape -0-1 4.0 REFERENCES I. UMah and Ukiah Valley Sanitation District Sewer Rate Study and Financing Plan, October 2005. 2. City of Ukiah Municipal Code Division 4, Chapter 2 (the "Sewer Use Ordinance). 3. State Water Resources Control Board Order Teo. 2006-003 DWQ Statewide General Wastc Discharge Requirements for Sanitary Sewer Systems, May 2006. ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS. 1. The City of Ukiah (City) owns, operates and maintains a sewer collection system within its limits. 2. The Ukiah Valley Sanitation District (District) contracts with the City to operate and maintain the collection system it owns. 3. The City owns, operates and maintains a sewer treatment plant to treat, recycle and dispose of wastewater generated within the limits of the City and District. 4. The City's ability to effectively manage its sewer collection system can be affected by the proper maintenance of private sewer laterals. 5. The City's ability to regulate private sewer laterals is outlined in Division 4, Chapter 2 of the Municipal Code. 6. The modifications set forth below will facilitate the proper maintenance of private sewer laterals; SECTION TWO. Division 4, Chapter 2, Article 1 of the Ukiah City Code is amended to read as follows: ARTICLE 1. SEWERS AND SANITATION § 3700.0: DEFINITIONS The following definitions apply to this chapter. Terms not defined in this article shall have their ordinary and common meaning, or if applicable, the meaning set forth in the Plumbing Code as adopted in the City. § 3700.1; APPLICANT DEFINED: Applicant shall mean a person or entity making application under the provisions of this division for a permit for a sewer or plumbing application. An applicant shall be the property owner or an authorized agent of the property owner. § 3700.2: BOARD DEFINED: Board shall mean the Board of Directors of the Ukiah Valley Sanitation District, California. § 3700.3: BUILDING LATERAL DEFINED: Januarv 16.2008 Building lateral shall mean that portion of a sewer lateral beginning at the foundation wall of any building or industrial facility and running to the property line or to a private sewage disposal system. § 3700.4: CERTIFICATE OF SEWER LATERAL COMPLIANCE DEFINED: Certificate of Sewer Lateral Compliance shall mean the certificate issued by the Director of Ukiah Public Utilities or his/her designee certifying that the sewer lateral complies with the standards set forth in this Chapter. Certificates of Sewer Lateral Compliance shall be valid for a period of twenty five (25) years for all sewer laterals hat, as a result of inspection and ""'___ testing occurring after Dec. 31, 2006, are confirmed to meet the current building material, testing and performance standards of the City for new sewer laterals Certificates of Sewer -- --- --------------------------- - ---- Lateral Compliance shall be valid for a period ten (10) years for sewer laterals that satisfactorily pass inspection and testing occurring after Dec. 31, 2006 and do not exfiltrate at a rate greater than that allowed by the Citv's testing standards or that meet the requirements outlined in Section 3799.~C~ § 3700.5: CITY DEFINED: City shall mean the City of Ukiah, California. § 3700.6: CITY ENGINEER DEFINED: City Engineer shall mean the City Engineer of the City. § 3700.7: CONTRACTOR DEFINED: Contractor shall mean a person or entity duly licensed by the State of California to perform the type of work to be done under the permit. § 3700.8: COUNTY DEFINED: County shall mean the County of Mendocino, California. § 3700.9: DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT Director of Planning and Community Development shall mean the Director of Planning and Community Development of the City. § 3700.70: DIRECTOR OF PUBLIC WORKS DEFINED: Director of Public Works shall mean the Director of Public Works of the City. § 3700.11: DIRECTOR OF UKIAH PUBLIC UTILITIES DEFINED: Director of Ukiah Public Utilities shall mean the Director of the Public Utilities Department of the City. The Director of Ukiah Public Utilities or his/her designee shall perform all duties of sewer inspector under the terms of this ordinance. § 3700.12: DISTRICT DEFINED: District shall mean the Ukiah Valley Sanitation District, California. § 3700.13: DOMESTIC SANITARY SEWAGE DEFINED: Deleted: constructed or repaired after Dec. 31, 2006; for sewer laterals Deleted:', and for sewer laterals meeting the requirements outlined in Section 3799.7 that also meet the current building standards of the City. Deleted: 7bul that do not meet the current building material standards of the CiN. P January 16, 2008 Domestic sanitary sewage shall mean water carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all ground water, surface water, storm water and industrial wastes. § 3700.14: GOOD CAUSE DEFINED: Good cause shall mean practical difficulties, including interference with the use or safety of the public right of way, adverse weather conditions, or demonstrated economic hardship. § 3700.15: GARBAGE DEFINED: Garbage shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. § 3700.16: INDUSTRIAL WASTES DEFINED: Industrial wastes shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It shall not include domestic sanitary sewage. § 3700.17: MAIN SEWER DEFINED: Main sewer shall mean a public sewer designed to accommodate more than one sewer lateral. § 3700.18: MULTIPLE DWELLING DEFINED: Multiple dwelling shall mean a building or buildings on a single parcel for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one family, including, but not limited to, the following: hotels, motels, auto courts, trailer courts, apartment houses, condominiums, duplex, rooming house, boarding house, guest house and dormitories. § 3700.19: NOTICE TO REPAIR: Notice to Repair shall mean notice issued by the Director of Ukiah Public Utilities to a property owner that the property owner is in violation of the City Code with respect to the property owner's sewer lateral, which order directs the abatement of the violation. § 3700.20: OUTSIDE SEWER DEFINED: Outside sewer shall mean a sanitary sewer beyond the limits of the City not subject to the control orjurisdiction of City. § 3700.21: PERMIT DEFINED: Permit shall mean any written authorization required pursuant to this Division or any other regulation of City for the installation of any sewerage work. § 3700.22: PERSON DEFINED January 16, 2008 Person shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies thereof. § 3700.23: PLUMBER DEFINED: Plumber shall mean a person or entity duly licensed by the State of California to perform the type of plumbing work to be done under the permit. § 3700.24: PRE-AUTHORIZED LIST: Pre-authorized list shall mean the list of qualified plumbers, contractors, or other inspectors qualified by training and experience to conduct the required inspections, developed by the Director of Ukiah Public Utilities that may perform sewer lateral inspections without direct City oversight, in accordance with the provisions of this chapter. § 3700.25: PROPERTY OWNER: Property owner shall mean the owner of the property as shown on the last equalized assessment roll or in the records of the Mendocino County Recorder. § 3700.26: PUBLIC DISTRICT DEFINED: Public district shall mean any district organized under the laws of the State of California which is authorized to engage in and is engaged in collecting and disposing of sewage. § 3700.27: PUBLIC PREMISES DEFINED: Public premises shall mean any premises owned of record by the City of Ukiah, the Ukiah Valley Sanitation District, the County of Mendocino, the State of California, or the United States of America. § 3700.28: PUBLIC SEWER DEFINED: Public sewer shall mean a main sewer lying within a street or easement which is maintained and controlled by or under the jurisdiction of the City and/or the District. §3700.29: QUALIFYING SEWER LATERAL SERVICE CALL DEFINED: A Qualifying Sewer Lateral Service Call means work on a sewer lateral performed by a septic or sewer line cleaning business, plumber or similar service provider, where the service provider in the course of providing service encounters conditions indicating root intrusion or other permanent damage to the sewer lateral, such as deflection or separation of the lateral. § 3700.30: QUALITY CHARACTERISTICS AND ANALYSES DEFINED: Quality characteristics and analyses shall mean as defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, or EPA Standard Procedures, and all sample collection, laboratory procedures of analyses, tests, measurements and data reporting. January 16, 2008 § 3700.31: SANITARY SEWER DEFINED Sanitary sewer shall mean a sewer which carries sewage and to which storm, surtace and ground waters are not intentionally admitted § 3700.32: SEWAGE DEFINED: Sewage shall mean water carried wastes from residences, business buildings, institutions and industrial establishments. § 3700.33: SEWERAGE WORKS DEFINED: Sewerage works shall mean all facilities owned or controlled by the City except private sewers, for collecting, pumping, treating and disposing of sewage. § 3700.34: SEWER DEFINED: Sewer shall mean a pipe or conduit for carrying sewage § 3700.35: SEWER COLLECTION SYSTEM DEFINED: Sewer Collection System shall mean the network of public sewers, including main sewers that transport flow by gravity, main sewers that transport flow under pressure and pumping stations, which carry sewage to the sewer treatment plant. § 3700.36: SEWER LATERAL DEFINED: Sewer lateral shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and shall include the building lateral and street lateral together, also referred to herein as "the side lateral." § 3700.37: SEWER SERVICE UNIT DEFINED: One sewer service unit is defined as being a single unit of sewer discharge having characteristics of Flow, biochemical oxygen demand (B.O. D.) and suspended solids equivalent to that generated and discharged by a typical single family residential unit. § 3700.38: SEWER TREATMENT PLANT DEFINED: Sewer treatment plant shall mean the Sewer Treatment Plant owned and operated by the City. § 3700.39: SINGLE-FAMILY UNIT DEFINED: Single-family unit shall mean and refer to the place of residence for asingle-family. § 3700.40: STANDARD SPECIFICATIONS DEFINED: Standard specifications shall mean a set of documents containing design and construction standards for all sewage works and sewer laterals as adopted by the City/District and as amended from time to time January 16, 2008 § 3700.41: STATE DEFINED: State shall mean the State of California. § 3700.42: STORM SEWER OR DRAIN DEFINED: Storm sewer or storm drain shall mean a conveyance which carries storm waters, non- stonn surface flows or ground waters and drainage, but in or through which sewage is prohibited. § 3700.43: STORM WATER DEFINED: Storm water shall mean the water running off or draining from the surface and sub-surface of an area during and after a period of rain or irrigation. § 3700.44: STREETS DEFINED: Streets shall mean any public highway, street, alley, public place, public easement or right of way. § 3700.45: STREET LATERAL DEFINED: Street lateral shall mean the portion of a sewer lateral lying within a public street connecting a building lateral to the main sewer. SECTION THREE. Division 4, Chapter 2, Article 18 shall be amended to read as follows: ARTICLE 18. SEWER LATERAL TESTING 3799.1: PURPOSE, POLICY AND ADMINISTRATION A. The purpose of this article is to codify requirements for the inspection, testing, repair and replacement of sewer laterals within the City. B. It is the policy of the City to reasonably prevent infiltration, exfiltration and better protect the Sewer Treatment Plant and the environment by requiring a reasonable program of inspection, testing, and if necessary repair and replacement, of private sewer laterals. C. The Director of Ukiah Public Utilities shall administer these requirements and has the authority to alter or waive the requirements prescribed in this Article 18, if such requirements are impractical, because of the nature or physical location of the sewer lateral. D. Administrative Guidelines for Inspections and Testing Within ninety (90) days of the adoption of the Ordinance enacting this article, the Director of Ukiah Public Utilities shall prepare and promulgate the public administrative guidelines which shall, among other things, establish the following: January 16, 2008 1. A certification program for licensed plumbers, contractors and other qualified inspectors who will be placed on the Pre-Authorized List and the basis for obtaining and maintaining such a certification or for decertification; 2. Standard Inspection Report Forms and Guidelines for completing and using Sewer Lateral Inspection Reports; 3. A standard Notice to Repair and enforcement procedures for repair and replacements; 4. A standard Certificate of Sewer Lateral Compliance. 3799.2: APPLICABILITY: A. This Article shall apply to property located within the City and to property which is located outside the boundaries of both the City and the District which are served by the City Sewer Treatment Plant or the City's sewer mains. B. This Article shall not apply to properties located within the District or within both the City and the District, if the District has adopted a sewer lateral inspection program that complies with the Consent Decree in River Watch v. City o(Ukiah and Ukiah Valley Sanitation District, U. S.Dist.Ct., N.D. CaL, C04 4518 CW. C. All sewer laterals that have been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable provisions of this article. No person constructing, repairing or replacing a sewer lateral, shall use that lateral to introduce sewage into the public sewer until the person has complied with sections 3799.3 through 3799.6 of this article, as appropriate. D. All sewer laterals connected to the public sewer, including sewer laterals serving residential, multi-family residential, commercial or industrial uses, shall be cleaned and tested in accordance with the appropriate provisions of section 3799.3 through 3799.6 of this article, upon the occurrence of any of the following, unless a valid Certificate of Sewer Lateral Compliance is on file with the City: 1. Upon the occurrence of a sanitary sewer overflow from the private lateral; 2. Upon the discovery of either an illegal connection as described in Section 3702.3 or an illegal discharge as described in Section 3706.4 to the public sewer system; 3. Upon application for a building permit for work on an existing structure with a sewer service, where the value of the work, as set forth in the permit, exceeds $50,000, provided, however, that the value of work required by the Americans with Disabilities Act ("ADA") or to add fire sprinklers as required by the California Fire Code as adopted in the City of Ukiah, shall not be included when determining whether a sewer lateral is subject to inspection and testing; provided, further, that beginning on February 15, 2009, the $50,000 amount shall be adjusted annually by the percentage increase in the Consumer Price Index over the same month in the previous year. CPI means the Consumer Price Index for San Francisco, Oakland-San Jose, CA, all items (base year 1982- 1984 =100) published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean comparable statistics on the purchasing power of the consumer dollar as determined by the City Manager. 4. The addition of a plumbing fixture having assigned to it two or more fixture units as are assigned by the California Plumbing Code as adopted in the City; January 16,2008 5. Upon a change of use of the property served from a residential to a commercial use or from a commercial use to a restaurant; 6. In conjunction with the replacement or rehabilitation of the public sewer main to which the lateral is connected; 7. Upon the occurrence of a Qualifying Sewer Lateral Service Call; and 8. Sewer laterals serving parcels that are located within 100 feet of any creek or stream which is declared by City Council resolution to be impacted by the sewer system. 3799.3 APPROVED TESTING METHODS The sewer lateral shall be inspected and tested, using the following methods as allowed by and in accordance with standards adopted by the Director of Ukiah Public Utilities: 1. N inspection. 2. Exfiltration testing. 3. Other similar inspection or testing methods as approved by the Director of Ukiah Public Utilities. 3799.4: REQUIREMENTS FOR TESTING SEWER LATERALS PURSUANT TO SECTION 3799.1.D.1-5 and 7-8. A. Sewer Lateral Service Providers: 1. On and after February 15, 2008, any person or business entity providing sewer lateral service in the City of Ukiah for compensation shall file a written report with the Public Utilities Department of each Qualifying Sewer Lateral Service Call it makes in the City of Ukiah. The report shall contain the date of the call, the address where the sewer lateral is located, and a brief description of the service and of the conditions making it a Qualifying Sewer Lateral Service Call. 2. The Public Utilities Director may adapt a form for use in filing the reports. 3. Within fifteen (15) days of the receipt of a report of a Qualifying Sewer Later Service Call for an address in the City, the Public Utilities Director or designee shall provide written notice to the property address that a sewer lateral inspection is required. The mailing of the notice is the event giving rise to the obligation to conduct an inspection and test of the sewer lateral. 5. The Public Utilities Director shall coordinate with the Finance Director to monitor whether businesses that provide septic and sewer line cleaning, plumbing and similar services which have been issued a City business license are filing reports as required by this subsection. B. Testing Procedure -- 1. Testing shall be completed within the time periods specified in the fourth column in the .~ Deleted: s five column chart contained in Section 3799.E ."~" January 16, 2008 2. Testing shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the test, and who is determined by the Director of Public Utilities to be qualified to perform the test based on training and experience. 3. Permits and Inspection. Testing shall not commence without a valid permit issued by the City and testing may be witnessed by the Director of Ukiah Public Utilities or his/her designee. 4. Access. Access to the sewer lines to be tested and conditions necessary to conduct the test shall be made ready prior to scheduling a sewer lateral test. C. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. D. The property owner must complete the required repair or replacement of the sewer later and the sewer lateral must pass a retest within the time specified in the fifth colum in the ____- table contained in Section 3799.§, This deadline may be extended by the Public Utilities - _-.-- ~DelMetl: s Director for good cause, not to exceed 90 days. If repair is not completed within the _ -~ -- required time period, the City may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (5) years. E. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities and the Director of Planning and Community Development, and to the extent authorized by law, the Mendocino County Recorder. F. Role of the Director of Planning and Community Development The Director of Planning and Community Development and the Director of Ukiah Public Utilities, in consultation with each other, are hereby authorized to take the actions necessary to implement this section through the building permit process and to integrate its implementation with the requirements of the Plumbing Code as adopted in the City. § 3799.5 REQUIREMENTS FOR SEWER LATERALS UPON REHABILITATION OR REPLACEMENT OF THE PUBLIC SEWER MAIN OR UPON DETERMINATION OF THE DIRECTOR OF UKIAH PUBLIC UTILITIES. A. Testing Procedure: Testing may be performed in accordance with the requirements of section 3799.4 or, if authorized by City Council resolution, testing may be performed by the City in conjunction with its rehabilitation or replacement work. Upon completion of the testing, the Director of Ukiah Public Utilities of his/her designee shall issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair B. Failure of Test and Requirement far Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing January 16, 2008 and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. 1. All repair or replacement work shall be completed by a person properly licensed to perform the work, including licensed plumber and/or contractor and shall be completed under all appropriate permits from the City including, as appropriate, building and encroachment permits. 2. All repairs must be completed within time specified in the fifth column of the table in Section 3799.$, unless, for good cause shown, an extension is granted by the Director of _.---~. Deleted: s Ukiah Public Utilities, not to exceed 90 days 3. If repair is not completed within the required time period, the City may complete the required repairs and may add a surcharge onto the propertys utility account until the costs are recovered in not more than five (6) years. 4. The City Council may, by Resolution, prescribe alternative procedures, by which the repair or replacement work shall be pertormed including, but not limited to, the degree to which the City shall offer to perform all or a portion of the work or contribute towards the cost of the work, using loans or grants. C. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development and to the extent authorized by law, the Mendocino County Recorder. 3799.6 CERTIFICATE OF SEWER LATERAL COMPLIANCE WITHOUT INSPECTION. A Property Owner may apply for and the Director of Ukiah Public Utilities of his/her designee may issue a Certificate of Sewer Lateral Compliance without inspection under the following circumstances: 1. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the building on the property is ten (10) years old or less; or 2. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the sewer lateral was repaired or replaced and passed inspection within the previous ten (10) years; or 3. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the lateral has passed an inspection within the past five (6) years. In such cases, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development. 3799.7 FEES January 16.2008 The City Council may establish fees by Resolution for administration of this Article. 3799.x. SEWER LATERAL INSPECTION AND TESTING PROGRAM, EVENTS AND__ _-_-- Deleterl:9 TIME FRAMES TO COMPLETE WORK ON SEWER LATERAL --_-- ~- TIME FRAMES TO PERFORM WORK ON SEWER LATERAL EVENT Clean 8 Video Water Test R i R l I t epa r or ep ace nspec When Complete Inspection indicates Within 30 days of Qualrfying Sewer Lateral qt time of service damage, Within 7 days of Failed Water Tesl Service Call displacement, or Service Call or Notice wdh Maz of 90 day tleFleclion of lateral Exension for Cause Wrthin ~ days of Inspection indicates Within 30 days of Saneary Sewer Ovedlow Notice or At Time of tlamage, Within 7 tlays of Failetl Water Tesl Service displacement, or Service Call or Notice wdh Max of 90 day degection of lateral Extension for Cause Remodels to Structure Being pdor to Permit Final Prior to Permit Final Prior to Permit Final Pdor to Permit Final Served of $50k or Greater Atltlilion of 2 FU or Greater to pdor to Permit Final Prior to Permit Final Prior to Permit Final Pdor to Permit Final Building or Sile Plumbing Atltlilion of Bedroom Prior to Permit Final Prior to Permit Final Prior to Permit Final Pdor to Permit Final Change of Property Use: pdor to Opening Prior to Opening Prior to Opening Prior to Opening Residential to Commercial and Under New Permitted Under New Pennitled Under New Permitted Untler New Non-Restaurant Commercial Use Use Use Permitted Use to Restaurant Commercial Wrthin 30 days of Illegal Connection Within 7 days of Within 7 days of Within 7 days of Notice Failetl Water Test Notice Notice with Max of 90 day Extension for Cause Wdhin 30 tlays of Prohibded Discharge Within 7 days of ' Within 7 days of Wrthin 7 days of Notice Failed Water Test Notice . Notice with Max of 90 day Extension for Cause Rehabilitation or Replacement Within 1 year of ~ Wrthin 1 year of ' Wrthin 1 year of Within 2 years of of Sewer Main Completion of Sewer , Completion of Sewer Completion of Sewer Failed Water Test Main Work I Main Work Main Work Parcel Served is within 100 Wdhin 1 Vear of I II Within 1 Year of Wdhin 1 Vear of feet of Creek which is Adoption of Adoption of Adoption of Resolution Wdhin 2 years of DeGaretl Impacted by Sewer Resolution (or Notice) Resolution (or Notice) (or Notice) Failetl Water Test System SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance January 16.2008 and each section, subsection, sentence. clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTION FIVE. CEQA. This Ordinance is exempt from the California Environmental Quality Act under Public Resources Code Sections 21065 and 21080(b) (6). SECTION SIX. EFFECTIVE DATE. This Ordinance shall be in full force and effective thirty (30) days aker its adoption and shall be published and posted as required by law. Introduced by title only on , 200§ by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: NOES: ABSENT: ABSTAIN: ATTEST: 20Q@, py the_follgwing roll call vote: pouolas F. Crane, Mayor----------------------------------------------- Linda Brown, City Clerk Deletetl:7 Deleted:? _ -. - -', DeleMd: Man Rodin January 16,2008