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08-20-2019 Item 13 - Introduce Private Sewer Lateral Ordinance and Rebate Program
Department Name: Utilities Cost Center: 6002 For Agenda of: August 20, 2019 Placement: Public Hearing Estimated Time: 45 minutes FROM: Aaron Floyd, Utilities Director Prepared By: David Hix, Utilities Deputy Director, Wastewater Jeremy Gearhart, Wastewater Collection Supervisor Jennifer Metz, Utilities Projects Manager SUBJECT: INTRODUCTION OF PRIVATE SEWER LATERAL ORDINANCE AND CONSIDERATION OF PRIVATE SEWER LATERAL REBATE PROGRAM RECOMMENDATION 1. Introduce an Ordinance (Attachment A) amending Chapter 13.08 of the Municipal Code related to maintenance and inspection of private sewer laterals, and wastewater flow offset program and determining the ordinance modifications are exempt from environmental review pursuant to CEQA Guidelines; and 2. Adopt a Resolution (Attachment B) of the City Council of the City of San Luis Obispo, establishing a Private Sewer Lateral Replacement Rebate program and eliminating an Existing City Fee for Sewer Wye Installation. REPORT-IN-BRIEF Wet weather inflow and infiltration impact the City’s ability to safely convey its wastewater. High rates of inflow and infiltration into sewer pipes can exceed the capacity of the wastewater collection system which leads to system backups and/or overflows. Overflows occur at maintenance holes and usually flow to nearby storm drains or creeks. Overflows can also occur at private homes or businesses resulting in property damage. Overflows are of considerable concern to the City and its regional regulatory partners. Staff is proposing a Private Sewer Lateral Program including new rebates for replacement of private single-family residential sewer laterals and modifications to Municipal Code Chapter, 13.08.390.D. The proposed ordinance details maintenance requirements and adds events requiring private sewer lateral inspections. The proposed ordinance also includes wastewater flow offset requirements applicable to new development in capacity constrained areas of the wastewater collection system. The goal of the Private Sewer Lateral Program is to reduce inflow and infiltration from private sewer laterals and reduce the potential for sanitary sewer overflows (SSOs). Packet Page 160 Item #13 DISCUSSION Impact of Wet Weather on the City’s Wastewater Collection System During times of wet weather, the City’s wastewater collection system experiences a significant increase in volume due to storm-related flows. Though not intended to be conveyed or treated by the wastewater system, stormwater enters wastewater pipes directly through improperly plumbed drains (inflow) and/or as groundwater that seeps through cracked wastewater pipes (infiltration). Significant inflow and infiltration (I/I) in the collection system can result in SSOs. Under these conditions, peak flows to the City’s Water Resource Recovery Facility have exceeded 20 million gallons a day (mgd) in a 24-hour period, where normal flows are under four mgd in a typical 24- hour period. The comprehensive flow study completed by the City in 2012 identified multiple locations in the collection system that experienced flows at a rate of 20 to 30 times of normal flow during wet weather events, with the highest area experiencing flow at a rate of 36.3 times normal flow, due to I/I. Treatment of this excess wastewater flow increases energy used for pumping and treatment and chemical usage. I/I also consumes capacity in the collection system, resulting in increased capital requirements to increase pipeline size and energy and other treatment expenses that are costly. City’s Progress in Reducing Sanitary Sewer Overflows The City has made progress over the years to repair and replace its aging wastewater pipeline infrastructure and reducing SSOs. The City has 145 miles of wastewater pipelines and estimates that there are 148 miles of private laterals making over 50 percent of the system privately maintained. The City has collected condition data of the public wastewater collection system through closed-circuit television (CCTV) inspection; approximately 81 percent of the public system has been inspected since 2013. Based on this condition assessment, pipe deficiencies are prioritized for repair or replacement through the Sewer Fund’s capital improvement program. The City completed substantial rehabilitation of publicly owned sewer mains, maintenance holes, and lift stations totaling over $30 million from 2007-08 to 2018-19 including planned capital projects during the 2019-21 Financial Plan period. The City invests approximately $1.4 million annually in collection system maintenance and minor construction repairs. This includes lift station maintenance, hydro-cleaning, and closed- circuit television inspection of City sewer mains. The City has also: 1. Completed modelling of the collection system, and prioritization of capital projects needed to address pipeline age, condition, and capacity issues. 2. Installed “Smart” covers that are equipped with sensors that communicate (e.g. send alarms to staff) when wastewater flow levels surcharge as a warning for potential SSOs. 3. Conducted smoke testing and dye testing to identify sources of I/I in areas of the City with the highest peaking factors. 4. Updated design criteria for public sewer main and private sewer lateral pipe material, joints, and fittings. 5. Updated City Design Standards (Uniform Design Inflow and Infiltration Defined Inflow is stormwater that enters private sewer laterals through direct connections such as a downspout, roof drain, yard drain, or foundation drain. These direct connections are illegal under the City’s Municipal Code. Based on CCTV inspections of both public systems, the City does not have direct connections between the public stormwater system and the wastewater collection system. Infiltration is water that flows through the ground that can seep, trickle, or flow into the wastewater collection system through cracks in sewer mains and/or private sewer laterals. Packet Page 161 Item #13 Criteria) to require CCTV inspection and repair or replacement for re-use of an existing private sewer laterals for projects requiring discretionary approval. Private Sewer Lateral Program Private sewer laterals are that portion of the sewer lines that connect from a residence or commercial structure up to and including the point of connection with the publicly owned sewer main. The City estimates that there are 12,000 private sewer laterals citywide, of which approximately 7,000 private sewer laterals are located in capacity constrained areas. The average length of a single-family residential private sewer lateral is 65 feet. Based on that average, the private system of laterals is estimated at overall 148 miles of pipe. Areas such as condominium complexes, commercial developments, and mobile home p arks may have lengthy private lateral systems within their private roadways and common areas. Unlike public sewer lines, these private sewer laterals are not routinely inspected, maintained, or repaired/replaced on an interval to ensure they are in good condition. By City ordinance1, private laterals are just that, the responsibility of the property owner. The City had a Voluntary Sewer Lateral Replacement (VSLR) rebate program for ten years to address the concerns of unmaintained private sewer infrastructure, from approximately 1997 to 2009. The program was not in effect from 2004 to 2007 due to limited funding. Approximately 1,000 rebates were provided during that period for residential lateral replacement. The Private Sewer Lateral Program (Program) proposes new events that require a CCTV2 inspection, a CCTV report form, and the following inspection requirements: 1. The video inspection shall be in color and in a digital format. 2. The inspection shall include the address of the lateral and the date the video was taken. 3. The video inspection shall include the entire lateral from the house connection to the city- 1 Municipal Code Section 13.08.390.D, Maintenance of House Sewer Connections. 2 CCTV inspection is used to locate pipe condition defects linked to infiltration sources such a s cracks and roots and can also identify connections that direct inflow to the collection system. Exhibit 1. Types of Private Sewer Lateral Connections. Packet Page 162 Item #13 owned sewer main and include a running foot or time marker clearly visible. 4. Where pipe joints are present, the video shall briefly stop the camera at each joint to clearly indicate their integrity. 5. The inspection shall include the telephone number for the point of contact and company providing the inspection. 6. A map shall be provided with the video inspection to clearly show the lateral location including the cleanout or access point at the house connection used to insert the camera into the lateral and the wye connection to the city-owned sewer main. CCTV inspections will be reviewed by the City’s Wastewater Collection Supervisor to determine if the lateral’s condition meets the proposed Municipal Code requirements in section 13.08.395.B.2 (e.g. free of displaced joints, breaks, offsets, structural defects, damage, open joints, missing portions of pipe, root intrusion, cracks, leaks, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer, etc.). The Program also includes wastewater flow offset requirements in capacity constrained areas and rebates for replacement of existing private sewer laterals. The proposed Program will help the City make progress toward I/I reduction beyond the improvements to the public sewer system. Private sewer lateral programs similar to the recommended Program are not uncommon in California communities. The following cities have similar programs: Berkeley (since 2006), Emeryville (2011), Monterey (2019), Oakland (2011), Santa Barbara (2007), Santa Cruz (2018), and Ventura (2012). Many cities in the Bay Area were either mandated by the US Environmental Protection Agency and CA Regional Water Quality Control Board. Other the programs were developed as part of negotiated settlement agreements with San Francisco Baykeeper. The City signed a settlement agreement in July 2016 with California River Watch regarding alleged Clean Water Act violations. As part of the agreement, the City agreed to consider an ordinance which included: (1) a lateral inspection and repair program whereby private sewer laterals are inspected, repaired and/or replaced based on certain triggering events; and (2) a voluntary private lateral replacement rebate program. The Settlement Agreement did not mandate the adoption of either of those programs. The Settlement Agreement had a one-year time period for the Council to consider the adoption of a lateral inspection and repair program . The City Council provided direction to staff at study sessions on October 4, 2016 and April 4, 2017 (Attachment D). Council then considered a private sewer lateral ordinance which required mandatory repair or replacement of defective laterals upon transfer of ownership at its May 16, 2017 (Attachment E) meeting where the ordinance was not approved. Private Sewer Lateral Ordinance The Municipal Code describes requirements for use of the City’s sewer system in Chapter 13.08, Sewers. Within that Chapter, 13.08.390.D describes property owner responsibilities related to Maintenance of House Sewer Connections. Staff prepared the draft Private Sewer Lateral Ordinance to modify and further detail these maintenance requirements and to add events requiring private sewer lateral inspection (Attachment A). The proposed ordinance also includes wastewater flow offset requirements applicable to new development in capacity constrained Packet Page 163 Item #13 areas of the wastewater collection system. The goal of the proposed ordinance modifications is to reduce I/I from private sewer laterals. In the proposed ordinance, the events triggering a sewer lateral inspection3 include: 1. Private sewer overflow. 2. Building permit applications for the addition of a bathroom or kitchen in a residential structure. 3. Building permit applications for the addition of non-residential space or an additional plumbing fixture unit in non-residential structures. 4. Increase in the size of the domestic water meter serving a property or adding a new domestic water meter. 5. Specific changes in use. 6. When a property is subdivided. 7. When smoke testing or CCTV inspection by the City indicates the presence of I/I from a private sewer lateral impacting the City’s wastewater collection system. 8. Change in ownership of real property. In the proposed ordinance, events 1 through 7 listed above would require corrective action if defects are identified in the private sewer lateral. For event 8, change of ownership, only the lateral inspection is required (not corrective actions). The disclosure of the condition of the lateral is part of the change in ownership transaction. Any repairs performed would be negotiated between the buyer and seller. The lateral CCTV inspection would be provided to the City. Clarification of Property Ownership Arrangements for Private Sewer Laterals Serving Multiple Properties The proposed ordinance includes provisions specific to subdivisions of improved property (addressed in 13.08.395.C.1.e) and private sewer laterals serving multiple properties (addressed in 13.08.600 and 13.08.610) to clarify inspection requirements under these property ownership arrangements. The proposed ordinance would require inspection for private sewer laterals where I/I is identified during smoke testing4 or during CCTV sewer main inspections (addressed in 13.08.395.C.1.f) where the condition of the private sewer lateral is impacting the City’s wastewater collection system. Wastewater Flow Offset The purpose of the wastewater flow offset is to establish a methodology to mitigate potential environmental impacts of new or intensified development in the City’s capacity constrained areas (Attachment C). Under this program, a development project (i.e. project that adds fixture units) would be required to offset its wastewater flow through replacement of private sewer laterals in the same capacity constrained area. Without this offset of wastewater flow, the City would not be able to serve new or intensified development until a significant number of private sewer laterals are replaced or public sewer system has the capacity to serve both existing and proposed development. Replacement of one typical deficient existing private sewer lateral serving a single-family residence would create a wastewater flow offset of approximately 390 3 Please see the proposed ordinance for complete language. 4 Smoke testing is conducted by City staff where I/I is most severe. Packet Page 164 Item #13 gallons per day (gpd). This is equal to the wastewater generation rate of a single-family residence (150 gpd), at a peaking factor of 2.6. To date, two projects in the Foothill area (also referred to as Flow Basin A, or Area A) were required through conditions of approval to offset their project’s wastewater flow through replacement of private sewer laterals due to capacity constraints. An example of the checklist used by City staff to verify the wastewater flow offset is provided in Exhibit 2. Staff will continue to monitor wastewater flows in capacity constrained areas during peak wet weather to assess whether the offset program is proving effective. Rebates & Reduction in Permit Fees As part of the Program, staff is proposing new rebates for replacement of private single-family residential sewer laterals. This rebate program is similar to the City’s prior VSLR rebate program; however, varying rebate amounts are offered with larger rebates in capacity constrained areas. Larger rebates are proposed in capacity constrained areas to provide a greater incentive where the City’s wastewater collection system has experienced overflows and surcharging. Rebates were identified by stakeholders as critical to a successful private sewer lateral program. Rebates would be available to those required to inspect sewer laterals under the proposed Private Sewer Lateral Ordinance and elect to make needed repairs as well as anyone voluntarily replacing their lateral. The cost to have a plumbing contractor inspect a private sewer lateral at a single-family residence consistent with the City’s proposed ordinance is approximately $250 to $300. The cost for full replacement of a private sewer lateral, including City permit fees, averages $8,000 to $10,000. Permit fees, discussed in greater detail below, are estimated to cost $1,500. The recommended amount of a rebate for a single-family residential sewer lateral replacement that connects directly to a City sewer main (not a shared lateral or system) is $2,000 (but not to exceed 50 percent of the lateral replacement). In capacity constrained areas, a single-family residential sewer lateral replacement that connects to a City sewer main is proposed to be $3,000 (but not to exceed 50 percent of the lateral replacement). This represents approximately 25 to 30 percent of the average cost for replacement of a private sewer lateral. Funding for the rebate program is available in the 2019-21 Financial Plan, Capital Improvement Program. Funding is identified as I/I reduction in the wastewater collection system improvements capital improvement plan request. Rebates would only be provided when funds are allocated for that purpose within a given budget year. Rebates are proposed to be available on a first come, first serve basis by date of application until the funds are expended. The rebate program is not proposed to be retroactive for work completed prior to August 20, 2019. If funding runs out during the fiscal year, an applicant may be required to wait for a future year of rebate funding. Current permit fees applicable to the replacement of a private sewer lateral include: $1,200 for encroachment permit (includes engineering inspection in the public right-of-way), $232 for plumbing permit (building inspection), and a $531 fee for the City’s installation of the wye connection to the City sewer main. Staff is proposing to reduce these fees by eliminating the fee Packet Page 165 Item #13 for the installation of the wye connection. This is estimated to equal a reduction in Sewer Fund revenue of $53,100 annually with the proposed inspection and offset requirements in the Private Sewer Lateral Ordinance. Staff plans to monitor the participation in the rebate program to see if future modifications are needed to incentivize private sewer lateral replacement through increased rebates for low income residents. Program Implementation Staff proposes the following implementation schedule for Private Sewer Lateral Program: Rebates: Immediate, if approved. Rebates are not proposed to be retroactive. Offset Requirements: The effective date of the proposed ordinance Inspection Requirements (specific to Change of Ownership): January 1, 2020 Inspection Requirements (all others): The effective date of the proposed ordinance Previous Council or Advisory Body Action At Study Sessions on October 4, 2016 and April 4, 2017 (Attachment D), the City Council provided direction to staff on a private sewer lateral program, a wastewater flow offset program focused on capacity constrained areas, a rebate program and reduction in permit fees associated with a private sewer lateral program. Council also generally supported an accelerated I/I reduction approach. The City Council considered a private sewer lateral ordinance which required mandatory repair or replacement of defective laterals upon transfer of ownership at its May 16, 2017 (Attachment E) meeting where the ordinance was not approved. Policy Context The City Council approved an update to the Water and Wastewater Management Element of the General Plan in May of 2018, which included identification of capacity constrained areas. The State Water Resources Control Board adopted statewide General Waste Discharge Requirements (GWDR) for publicly owned sanitary sewer sys tems in 2006. The GWDR required the development and implementation of a system-specific local sewer system management plan that documents a comprehensive program for sewer system operation, maintenance, repair and reporting of all sanitary sewer overflows in the statewide spill reporting database. The City is required to comply with these statewide requirements. The City Council approved the 2019 Sewer System Management Plan on May 7, 2019. Packet Page 166 Item #13 Public Engagement Staff has made presentations on the proposed Private Sewer Lateral Program to Residents for Quality Neighborhoods (RQN), the Developers Roundtable, various realtor groups, home inspectors, residential property managers, commercial property managers, and environmental group representatives. Outreach will continue through the 2019-20 fiscal year should Council move forward with the proposed ordinance. The City maintains a copy of the SSMP at the City’s Utilities Department website. Outreach is also performed through various City programs including the Environmental Compliance (Pretreatment) Program and Capital Improvement Program. CONCURRENCE Utilities Department staff has met with staff from Finance, Community Development, and Public Works Departments on the proposed Private Sewer Lateral Program and those Departments concur with the recommendations in this report. ENVIRONMENTAL REVIEW The proposed Private Sewer Lateral Program is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the statute (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), under sections 15302 (Replacement or reconstruction of existing structures), 15307 and 15308 (actions to protect natural resources and the environment of the CEQA Guidelines). FISCAL IMPACT Budgeted: Yes Budget Year: 2019-20 Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: Sewer Fund FY 2017-19 $393,273 FY 2019-20 $200,000 * FY 2017-19 $393,273 FY 2019-20 $200,000 Total $593,273 $593,273 * No increase in operating costs are proposed to support the Private Sewer Lateral Program. The 2019-21 Financial Plan, Capital Improvement Program, identifies $200,000 annually from the Sewer Fund for Inflow and Infiltration Reduction for the proposed rebates. An additional $393,273 of funding is available from the 2017-19 Financial Plan, Capital Improvement Packet Page 167 Item #13 Program. Staff installs 60 wyes for sewer lateral replacement each year. Some of these installations are for projects that are conditioned through the discretionary approval process to inspect and repair the lateral, which are not proposed to be eligible for the rebate. Staff anticipates an increase of approximately 100 private sewer lateral replacements annually under the proposed program. Staff responsible for the implementation of the proposed Private Sewer Lateral Program are in the Wastewater Division of the Utilities Department with assistance from staff in Utilities Administration, Utilities Services, and the Engineering Development Review and Building Divisions of the Community Development Department, and the Finance Department. Ongoing costs for the management, operation, and maintenance of the City’s wastewater collection system are identified in the Financial Plan and paid for through sewer rates. During 2018-19, approximately $1.4 million was identified to support the operation of the wastewater collection system and environmental compliance program. Capital expenditures toward replacement of aged sewer infrastructure total an additional approximately $1.5 million annually. ALTERNATIVES 1. Provide Additional Direction to Staff on Proposed Ordinance. The Council could choose not to introduce the ordinance at this time and provide direction to staff on how to proceed with I/I reduction. Considering the extent of the recent sanitary sewer overflows related to I/I, this alternative is not recommended. 2. Provide Rebates Retroactive to July 1, 2017. The Council could elect to make sewer lateral rebates retroactive to July 1, 2017 as funding was available for I&I reduction in the 2017-19 Financial Plan. Staff identified 126 private sewer laterals that were replaced during that timeframe. Consistent with the proposed program, a rebate of $2,000 per lateral would utilize $252,000 of available funding. A smaller rebate could be considered for the retroactive period. Staff does not recommend making the proposed rebates retroactive as the total available funding for I&I reduction is limited and the need in capacity constrained areas, as well as citywide, is great. 3. Wastewater Flow Offset In-Lieu Fee. The Council could direct staff to establish a Wastewater Flow Offset In-Lieu Fee by resolution under which the City would provide rebates for replacement of private sewer laterals in the capacity constrained areas to achieve the wastewater flow offset. Staff does not recommend establishing the fee in-lieu of the developer achieving the offset for their project as required in the proposed ordinance. Attachments: a - Proposed Sewer Lateral Ordinance b - Resolution Establishing Private Sewer Lateral Rebate Program c - Capacity Constrained Areas d - Council Reading File 4-4-2017 CAR for Study Session e -Council Reading File - 5-16-2017 CAR for Establishment of private sewer lateral ordinance Packet Page 168 Item #13 O ______ ORDINANCE NO _______ (2019 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 13.08 OF THE SAN LUIS OBISPO MUNICIPAL CODE CREATING A SEWER LATERAL INSPECTION AND OFFSET PROGRAM WHEREAS, the City must provide capacity assurance consistent with its adopted Sewer System Management Plan and Statewide General Waste Discharge Requirements; and WHEREAS, the City completed a Sanitary Sewer Flow Monitoring and Inflow/Infiltration Study in March 2012 that included sanitary sewer flow monitoring, rainfall monitoring, and inflow and infiltration analysis; and WHEREAS, the City adopted the Wastewater Collection System Infrastructure Renewal Strategy on January 19, 2016 which identified areas with capacity constraints and surcharging in the wastewater collection system during peak wet weather events; and WHEREAS, the City has experienced sanitary sewer overflows which are identified as a major threat to public health and water quality because of the pathogens, pollutants and nutrients they contain and have been a focus of State Water Quality Regulators over the past several years; and WHEREAS, the City owns, operates, and maintains a sanitary sewer system with over 145 miles of pipeline and provides wastewater collection services to properties within the City limits as well as Cal Poly and San Luis Obispo County Airport; and WHEREAS, a system of private sewer laterals, estimated to equal an additional 191 miles of pipeline, is owned and maintained by property owners; and WHEREAS, private sewer laterals contribute significant inflow and infiltration contributing to capacity constraints, surcharging, and overflows in the wastewater collection system during peak wet weather events; and WHEREAS, the City’s General Plan supports development and redevelopment of sites that will accommodate the community’s future growth in areas with capacity constraints in the wastewater collection system; and WHEREAS, replacement of private sewer laterals will reduce inflow and infiltration and provide feasible mitigation to project impacts associated with increased wastewater flow. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1: Environmental Review. The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the statute (Public Packet Page 169 Item #13 Ordinance No. _____ (2019 Series) Page 2 O ______ Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under sections 15307 and 15308 of the CEQA Guidelines (actions to protect natural resources and the environment) and because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)). SECTION 2: Section 13.08.390 of the San Luis Obispo Municipal Code is hereby amended to read as follows: Chapter 13.08 Sewers Article IX. Sewer Connection 13.08.390. Drainage below curb and below main sewer level. D. Maintenance of House Sewer Connections. Maintenance of House Sewer Connections shall comply with Section 13.08.395.B. The property owner will be responsible for all construction, maintenance, improvements and repairs of the sewer lateral including all house connections, industrial sewers, private sewage disposal systems and appurtenances thereto, now existing or hereafter constructed. Laterals shall be maintained by the owner of the property in a safe and sanitary condition; and all devices or safeguards which are required for the operation thereof shall be maintained in a good working order. If a property owner fails to maintain the abovementioned wastewater facilities in a safe and sanitary condition, the director may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to these conditions. The water service shall not be reinstated until the maintenance or installation of appropriate wastewater disposal facilities has been approved by the director. (Ord. 1598 § 1 (part), 2014) SECTION 3: Section 13.08.395 and Section 13.08.396 of the San Luis Obispo Municipal Code are hereby added as set forth below. 13.08.395. Private Sewer Laterals A. Purpose. Inflow and infiltration (I/I) is a serious problem for the city in that during wet weather events, a significant amount of water is introduced into the city’s wastewater collection system from breaches in the public and private sewer pipeline system. Studies have shown that private sewer laterals are a significant source of I/I for the city. The city has determined that it is in the interest of the public’s health, safety, and welfare to address I/I contributed by private sewer laterals and, as such, it is a city priority to require the inspection of private sewer laterals. B. Ownership, Maintenance, and Repair. 1. The entire lateral, from the building connection up to and including the “wye” connection or other-tie-in to the city-owned sewer main, shall fall within the owner’s responsibility for installation, maintenance, repair, and replacement. Packet Page 170 Item #13 Ordinance No. _____ (2019 Series) Page 3 O ______ 2. Each property owner shall be responsible for maintenance and repair of their private sewer lateral in compliance with this section in a safe and sanitary condition, including: a. Private sewer laterals shall be free of displaced joints, breaks, offsets, structural defects, damage, open joints, missing portions of pipe, root intrusion, cracks, leaks, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer. b. Private sewer laterals shall be equipped with cleanouts. c. Private sewer laterals shall not be constructed, either in whole or in part, of “Orangeburg pipe.” d. As described in section 13.08.030.A, it is unlawful for any individual to connect the following to a private sewer lateral: storm drains, roof drains, yard drains, surface or subsurface drainage, groundwater, or other non-sewage pipes or drains. 3. If a property owner fails to maintain the abovementioned wastewater facilities in a safe and sanitary condition, the director may order and require termination of water service to the parcel and all structures connected to the sewer outlet subject to these conditions. The water service shall not be reinstated until the maintenance or installation of appropriate wastewater disposal facilities has been approved by the director. C. Inspection of Existing Private Sewer Laterals. 1. Except as set forth in Section 13.08.395.C.2, after January 1, 2020, all private sewer laterals connected to the city’s sewer system shall be inspected per Section 13.08.395.F at the property owner's sole expense , when any of the following events occur: a. Whenever the city has issued a notice of violation following a sanitary sewer overflow event from a property’s private sewer lateral. b. Upon submittal of a building permit for the addition of a bedroom, bathroom, or kitchen in a residential structure or the addition of non-residential space or an additional plumbing fixture unit in non-residential structures. c. A change of the use of the structure from: (1) residential to nonresidential use; (2) to a nonresidential use that will result in a higher flow than the previous nonresidential use; or (3) to a nonresidential use where the structure served has been vacant or unoccupied for more than three (3) years. d. Increase in size of the domestic water meter serving the property or adding a new domestic water meter. Packet Page 171 Item #13 Ordinance No. _____ (2019 Series) Page 4 O ______ e. Whenever property located in the city and containing one or more structures which are served by a private sewer lateral or laterals is subdivided. The inspection shall occur prior to recordation of the final map. f. Within thirty (30) days of notification by the city that “smoke testing” or closed-circuit television (CCTV) sewer main inspection indicates the presence of inflow or infiltration from private property that impacts the operation of the public wastewater collection system. g. Upon any change in ownership of real property within the city, which shall be implemented as follows: i. “Change in ownership” shall have the meaning set forth in Revenue and Taxation Code sections 60 and 61. A change in ownership shall not include those transactions as set forth in Revenue and Taxation Code section 62. ii. Before close of escrow for any change in ownership of real property within the city, the seller(s) of such property shall disclose to the buyer(s) the results of the private sewer lateral inspection as set forth in Section 13.08.395.F. h. For events identified in 13.08.395.C.1 a through f, repair or replacement shall be made pursuant to Section 13.08.395.G. 2. Exceptions. An inspection required pursuant to Sections 13.08.395.C.1 shall not be required in the following circumstances: a. New Construction or Prior Replacement of Lateral. If the owner(s) (or the owner’s predecessor-in-interest) has originally installed or has replaced the private sewer lateral within the twenty (20) years prior to the date the inspection would otherwise be required. b. Prior Inspection of a Lateral. If the owner(s) (or the owner’s predecessor-in-interest) has either completed an inspection of the sewer lateral in accordance with the inspection requirements of Section 13.08.395.F within the past five years. c. The private sewer lateral is located within a common interest development which is regulated under Section 13.08.395.D. The owner shall bear the burden of proving that the inspection requirements of Sections 13.08.395.C.1 do not apply. The owner shall provide proof of any prior replacement, inspection or repair of a private sewer lateral in the form of a validly issued permit or other documentation that ensures such prior replacement, repair or inspection of a private sewer lateral occurred pursuant to the exceptions above. The form and content of the document or proof must be deemed sufficient by the city’s Utilities Director. D. Private Sewer Laterals within Common Interest Developments. Packet Page 172 Item #13 Ordinance No. _____ (2019 Series) Page 5 O ______ 1. For purposes of this Section 13.08.395, the term “common interest development” shall include any community apartment project, condominium project, planned development, or stock cooperative. 2. Private sewer laterals located within a common interest development shall be inspected pursuant to the requirements of Section 13.08.395.F as follows: a. By January 1, 2030, and once every twenty (20) years thereafter. b. Whenever the city has issued a notice of violation following a sanitary sewer overflow event from a common interest development’s private sewer lateral. c. Increase in size of the water meter serving the common interest development. 3. Exceptions. An inspection required pursuant to Sections 13.08.395.D.1 shall not be required in the following circumstances: a. Prior Replacement of Lateral. If the private sewer lateral serving the common interest development in its entirety was installed or replaced within the twenty (20) years prior to the date the inspection would otherwise be required. b. Prior Inspection or Repair of a Lateral. If the private sewer lateral serving the common interest development in its entirety was inspected in accordance with the inspection requirements of Section 13.08.395.F within the five (5) years prior to the date the inspection would otherwise be required. E. Inspection of Shared Private Sewer Laterals. Each property owner served by a shared private sewer lateral shall be responsible for compliance with Section 13.08.395.B and shall be subject to the inspection requirements identified in 13.08.395.C. For purposes of this Section 13.08.395.E, a “shared private sewer lateral” shall mean laterals serving more than one property that are not part of a common interest development. F. Inspection Requirements. 1. Property owners must submit documentation of the sewer lateral inspection to the City prior to the close of escrow. Testing may be accomplished by either a water ex-filtration test, an air test, or closed-circuit video recording observation. Installation of clean outs and removal of existing p-traps may be necessary to accomplish the video inspection. If a closed-circuit video recording observation is selected as the method of inspection, then the video shall meet the following requirements: a. Shall be in digital format. b. Shall be in color (black and white or otherwise unclear video will not be accepted). Packet Page 173 Item #13 Ordinance No. _____ (2019 Series) Page 6 O ______ c. Shall show the address of the lateral. d. Shall show the date the video was taken. e. Shall inspect the entire lateral from the house connection to the city-owned sewer main. f. Shall have a running foot or time marker clearly visible on the screen. g. Where joints are present, shall briefly stop the camera at each to clearly indicate their integrity. h. Shall have the telephone number for the point of contact for the company providing the inspection. i. A map shall be provided with the video inspection to clearly show the lateral location including the cleanout or access point at the house connection used to insert the camera into the lateral and the wye connection to the city-owned sewer main. 2. The lateral inspection and lateral inspection report shall be prepared and signed by a licensed plumber or contractor with a current state license who shall declare that the report is true and correct. At a minimum, the inspection report shall include the information in Exhibit A: EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT Property Address (or Addresses): Inspection Date: Inspection Method: Company Name/Point of Contact: Phone Number/Email Address: Lateral Length (in feet): Lateral Material: Installation date (if known): Lateral Age: Describe deficiencies (if any): Plumber/Contractor Signature: License # of Plumber/Contractor: Property Owner Signature: Property Owner interest in participating in city Wastewater Flow Offset Program: * YES NO * If Property Owner indicates “Yes”, city would include address on eligibility list for Wastewater Flow Offset Mitigation requirement. Packet Page 174 Item #13 Ordinance No. _____ (2019 Series) Page 7 O ______ 3. A licensed plumber or contractor who prepares a false lateral inspection report shall be subject to punishment under Article XII of this Chapter in addition to any other legal remedies or punishment provided by law. 4. Verification. The city reserves the right to verify the sewer lateral inspection results prior to being accepted. G. Sewer Lateral Repair or Replacement Requirements. Upon receipt of the private sewer lateral inspection report pursuant to this Chapter, within seven (7) business days, the city shall review the private sewer lateral inspection and lateral inspection report to verify the plumber/contractor findings and provide the owner with a determination on whether the lateral meets the criteria described in Section 13.08.395.B. If the private sewer lateral is not in compliance with Section 13.08.395.B, then it shall be repaired or replaced to conform to such standards. H. Punishment for Violation of this Chapter. Failure to comply with the requirements of this Article shall be punishable pursuant to the remedies identified in Article XII of this Chapter. No building permits or other discretionary approvals shall be issued for a property with a private sewer lateral that is determined to be not in compliance with Section 13.08.395.B until the private sewer lateral is brought into compliance with city standards. I. Rebate Programs. The city may establish by resolution one or more programs to assist owners with the replacement of private sewer laterals. J. Fees. The City Council may from time to time establish, by resolution, fees for issuing permits, reviewing inspection reports and other activities of the city performed pursuant to this chapter. 13.08.396. Wastewater Flow Offset A. Purpose. The city experiences surcharging in the wastewater collection system and sanitary sewer overflows during wet weather events due to inflow and infiltration. The purpose of these regulations is to establish a methodology whereby new or intensified development in capacity constrained areas as established by the City Council, could offset new wastewater flow to mitigate capacity constraints in the existing wastewater collection system to accommodate the project’s additional demand. Without a reduction in inflow and infiltration in these areas, the city will not be able to serve new or intensified development until a significant number of private sewer laterals are replaced or public sewer mains are upsized. B. Application. The provisions of this article shall apply to new or intensified development in capacity constrained areas of the wastewater collection system as established by the City Council. C. Calculating the Wastewater Flow Offset. Packet Page 175 Item #13 Ordinance No. _____ (2019 Series) Page 8 O ______ An applicant shall calculate a develo pment’s Wastewater Flow Offset (Exhibit B) using the domestic sewage generation factors and peaking factor identified in the Uniform Design Criteria, found in the city’s adopted Engineering Standards. D. Wastewater Flow Offset through Private Lateral Replacement. The city determined that replacement of a private sewer lateral serving an existing single-family residence (one equivalent dwelling unit) would create a wastewater flow offset of 390 gallons per day. This is equal to the wastewater generation rate of a single-family residence (150 gpd), at a peaking factor of 2.6. EXHIBIT B: Wastewater Flow Offset Calculation Worksheet Residential Development: Studio Units: Multi-Family Units: Single-Family Units: Residential Wastewater Flow: Studio Units: Multi-Family Units: Single-Family Units: RESIDENTIAL FLOW TOTAL (gallons per day): Non-Residential Development: Commercial Square Footage: Industrial Square Footage: Manufacturing Square Footage: Business Park Square Footage: Hotel/Motel Rooms: Non-Residential Wastewater Flow: Commercial: Industrial: Manufacturing: Business Park: Hotel/Motel: NON-RESIDENTIAL FLOW TOTAL (gallons per day): (Proposed Residential Flow + Proposed Non-Residential Flow) x Peaking Factor = Total Wastewater Flow Offset TOTAL WASTEWATER FLOW OFFSET (gallons per day): * Replacement of a private sewer lateral serving an existing single -family residence (one equivalent dwelling unit ) would offset 390 gallons per day of additional wastewater flow ). Packet Page 176 Item #13 Ordinance No. _____ (2019 Series) Page 9 O ______ SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It is the City' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes shall be published at least five days prior to its final passage in the New Times, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any member of the public. INTRODUCED on the_______ day of _____, 2019, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the______ day of______, 2019, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, 2019. ______________________________ Teresa Purrington City Clerk Packet Page 177 Item #13 RESOLUTION NO. _____ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING A PRIVATE SEWER LATERAL REPLACEMENT REBATE PROGRAM AND ELIMINATING AN EXISTING CITY FEE FOR SEWER WYE INSTALLATION WHEREAS, the City must provide capacity assurance consistent with its adopted Sewer System Management Plan and Statewide General Waste Discharge Requirements; and WHEREAS, the City completed a Sanitary Sewer Flow Monitoring and Inflow/Infiltration Study in March 2012 that included sanitary sewer flow monitoring, rainfall monitoring, and inflow and infiltration analysis; and WHEREAS, the City adopted the Wastewater Collection System Infrastructure Renewal Strategy on January 19, 2016 which identified areas with capacity constraints and surcharging in the wastewater collection system during peak wet weather events; and WHEREAS, in May of 2018 the City updated its General Plan, Water and Wastewater Management Element and included areas in the wastewater collection system with capacity constraints during peak wet weather events; and WHEREAS, the City has experienced sanitary sewer overflows which have been identified as a major threat to public health and water quality because of the pathogens, pollutants and nutrients they contain and have been a focus of State Water Quality Regulators over the past several years; and WHEREAS, the City owns, operates, and maintains a sanitary sewer system with over 145 miles of pipeline and provides wastewater collection services to properties within the City limits as well as Cal Poly and San Luis Obispo County Airport; and WHEREAS, a system of approximately 12,000 private sewer laterals, estimated to equal an additional 148 miles of pipeline, is owned and maintained by property owners; and WHEREAS, private sewer laterals contribute significant inflow and infiltration contributing to capacity constraints, surcharging, and overflows in the wastewater collection system during peak wet weather events; and WHEREAS, the City would like to encourage the timely replacement of private sewer laterals; and WHEREAS; the establishment of a Sewer Lateral Replacement Rebate Program will provide funding assistance to property owners for their private sewer lateral replacement; and WHEREAS; funding for the Private Sewer Lateral Replacement Rebate Program is identified in the City’s Capital Improvement Program and funded by the City’s Sewer Fund. Packet Page 178 Item #13 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby establishes a Private Sewer Lateral Replacement Rebate Program using funding from the Sewer Fund, eliminates the existing city fee for sewer wye installation, and authorizes the Utilities Director to implement a program as follows: a. The sewer lateral replacement must be permitted through the City of San Luis Obispo Community Development Department. b. The Private Sewer Lateral Replacement Rebate Program only applies to those sewer laterals which are replaced in their entirety from the structure up to and including connection with the City main; spot repairs and partial repairs are not included in this program. c. Verification of installation, inspection and approval of completed work by the City is required. d. For property owners of single-family residences, the Private Sewer Lateral Replacement Rebate will be a maximum of $2,000, but not exceed 50 percent of the cost of the lateral replacement. For property owners of single-family residences in capacity constrained areas, the Sewer Lateral Replacement Rebate will be a maximum of $3,000, but not exceed 50 percent of the cost of the lateral replacement. All rebates are subject to funding. e. The property owner must submit a dated, detailed sales receipt for a proof of purchase with the Private Sewer Lateral Replacement Rebate Application. The purchase of the private sewer lateral replacement must be clearly itemized on an invoice. f. The Private Sewer Lateral Replacement Rebate may take four weeks or more from the date the rebate application is filed. g. Private Sewer Lateral Replacement Rebates will only be provided to the property owner. h. Only one Private Sewer Lateral Replacement Rebate will be provided over the lifetime of the property. i. The Private Sewer Lateral Replacement Rebate Program is only in effect when funds are allocated for that purpose within a given budget year. Sewer Lateral Replacement Rebates will be available on a first come, first serve basis by date of application until the funds are expended. If funding runs out during the fiscal year, an applicant may be required to wait for a future year of rebate funding. j. Private Sewer Lateral Replacement Rebates are not eligible to property owners replacing their private sewer lateral under a wastewater flow offset requirement or as part of another permit requirement. k. As an incentive to replace private sewer laterals and reduce inflow and infiltration, the existing city fee for sewer wye installations will be eliminated for all applications (residential, commercial, etc.). SECTION 2. The City Council hereby declares a primary public purpose in the expenditure of public funds to benefit private interests as failing private sewer laterals contribute Packet Page 179 Item #13 excess water to the public wastewater collection system and Water Resource Recovery Facility and potentially cause or contribute to the overloading the City’s (public) system. The inflow and infiltration from laterals can lead to sanitary sewer overflows resulting in damage to surrounding properties, public health risks, and environmental degradation. SECTION 3. This resolution shall become effective upon its adoption. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2019. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, 2019. ____________________________________ Teresa Purrington City Clerk Packet Page 180 Item #13 EVANSPOLY CANYONLIM A MIOS SI SI E R R A ELM HANSEN OJAI DALY ETO T O N IN I DEER CLARIO N ZACA G U L F H U A S N A DLABIRAG ITIBURO NLOOMISROYALBOY S E N KINGOAK EPSEARAZNNOSREPSEJVENTURE ALDE R RAMONA DEL SUR NALLIMcMFEL-MAR ALBERT PINE RE D W O O D MAP L E WOODSIDEVI C E N T E IROH ZONHAZELGOLDENRODMUGUB A L B O A S E Q U O I A FEE D MI L L HARMON YVERDEDEL NORTE BRANCH A V A L O N SPIT F IR E MARLEN E RACHELDEL MAR HERMOS A PORT OLA CUYAMA VE GA TRUCKEE MISSIONRAFAEL WI LD IN GTULIPPIN E C O V E ADANAC ALPASEO BELLAMONTANANOITISOPXELLEM OBEDF ORDJANETHELMA HAYS GAILCRELDNAHERHT DAALTAACNUD N CACHUMA EMPL EOYAWHTAHPNEVAD RO EERC T K SE AW ARD HOPE LOOMIS TAFT S U N S E T CAUDILL PACIFICALRI T A RA 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All rights reserved. Basemap produced by the GIS Division, City of San Luis Obispo Public Works Department. N S W E MILES ½¾¼1 KILOMETERS ½1 CITY LIMITS Wastewater Collection System Capacity Constrained Areas Areas of the City’s Wastewater Collection System with Capacity Constraints During Wet Weather Packet Page 181 Item #13 8/20/2019 Item 13, Staff Presentation 1 Private Sewer Lateral Program (New Rebates, Inspections, and Offset Requirements) 145 miles of public gravity sewer mains 18 miles of pipe are more than 75 years old Some pipes > 100 years old City Wastewater Collection System 08-20-2019 Item 13, Staff Presentation 1 2 8/20/2019 Item 13, Staff Presentation 2 City Wastewater Collection System Since 2007, the City has invested approximately $30 million in upgrades, including approved construction projects 08-20-2019 Item 13, Staff Presentation The City invests approximately $1.4 million annually on lift station maintenance, hydro- cleaning, closed-circuit television inspection of City sewer mains, and construction repairs City Wastewater Collection System 08-20-2019 Item 13, Staff Presentation 3 4 8/20/2019 Item 13, Staff Presentation 3 What is Inflow and Infiltration (I/I)? Inflow is stormwater that enters the wastewater collection system at points of direct connection Infiltration is water that flows through the ground into the wastewater collection system through cracked sewer mains and/or private sewer laterals 08-20-2019 Item 13, Staff Presentation Past Studies and Programs Studies identified private sewer laterals as a major contributor of I&I. The entire system of private sewer laterals is estimated to total 148 miles City provided funding toward replacement of about 1,000 residential private sewer laterals Along with City pipeline maintenance and pipeline replacement, overflows and stoppages were significantly reduced August 2019 Smoke Testing in Area B 08-20-2019 Item 13, Staff Presentation 5 6 8/20/2019 Item 13, Staff Presentation 4 I/I - Recent Studies Sanitary Sewer Flow Monitoring and Inflow / Infiltration Study completed in 2012 Wastewater Collection System Infrastructure Renewal Strategy completed in 2016 Flow Monitoring Basin Map 08-20-2019 Item 13, Staff Presentation I/I - Recent Studies Average Dry Weather Flow Conditions Peak Wet Weather Flow Conditions 08-20-2019 Item 13, Staff Presentation 7 8 8/20/2019 Item 13, Staff Presentation 5 Capacity Constraints 08-20-2019 Item 13, Staff Presentation Lawsuit / Settlement Agreement In October 2015, California River Watch provided the City with a Notice of Violation and Intent to File Suit under the Clean Water Act Under the Federal Clean Water Act, Civil Action Lawsuits are filed by third party Citizen Organizations City entered into Settlement Agreement with California River Watch on July 7, 2016 To City Council in October 2016 and April 4, 2017 (Study Sessions) and May 16, 2017 (Introduction of Ordinance) in compliance with the Settlement Agreement 08-20-2019 Item 13, Staff Presentation 9 10 8/20/2019 Item 13, Staff Presentation 6 One overflow in late January 2019 totaled 12,000 gallons and may result in fines Sanitary Sewer Overflows Continue Overflow Date Overflow Location Overflow Quantity (in gallons) January 31, 2016 81 Broad 13,500 January 20, 2017 Broad and Murray 31,500 January 22, 2017 93 Broad 36,000 February 17, 2017 Ramona 3,500 February 21, 2017 Ramona 3,000 January 17, 2019 81 Broad 12,000 TOTAL:99,500 Recent Sanitary Sewer Overflows related to Inflow and Infiltration 08-20-2019 Item 13, Staff Presentation Proposed Program Elements 1. Rebates and Reduction in Permit Fees 2. Inspection Requirements 3. Offset Requirements 08-20-2019 Item 13, Staff Presentation 11 12 8/20/2019 Item 13, Staff Presentation 7 Rebates & Reduction in Permit Fees Single Family Residential Rebates proposed for Capacity Constrained Areas (50% of cost, up to $3,000) All Other Areas of the City (50% of cost, up to $2,000) Sewer Wye Installation Permit Fees The sewer wye installation fee of $531 is proposed to be eliminated for all permit types 08-20-2019 Item 13, Staff Presentation Private Sewer Lateral Inspection Requirements Includes changes to Municipal Code Chapter 13.08 (Sewers), Article IX (Sewer Connection) Modification of existing Section 13.08.390(D), Maintenance of House Sewer Connections New Section on Private Sewer Laterals (13.08.395) New Section on Wastewater Flow Offset (13.08.396) 08-20-2019 Item 13, Staff Presentation 13 14 8/20/2019 Item 13, Staff Presentation 8 When Inspection is Required: 1.Private sewer overflow, 2.Building permit applications for the addition of a bathroom or kitchen in a residential structure, 3.Building permit applications for the addition of non- residential space or an additional plumbing fixture unit in non-residential structures, 4.Increase in the size of the domestic water meter serving a property or adding a new domestic water meter, 5.Specific changes in use, 6.When a property is subdivided, 7.When smoke testing or CCTV inspection by the City indicates the presence of I/I from a private sewer lateral, 8.Change in ownership of real property. •Inspection Report and Video submitted to City •Any repairs would be between the property’s buyer and seller 08-20-2019 Item 13, Staff Presentation When Inspection is Not Required: a.If the property is less than 20 years old. b.If the property’s sewer lateral was replaced in full within 20 years of January 1, 2020. How long is the Inspection valid? a.Under the proposed ordinance, if the property owner is required to inspect the private sewer lateral, the inspection is valid for five years. 08-20-2019 Item 13, Staff Presentation 15 16 8/20/2019 Item 13, Staff Presentation 9 a. By January 1, 2030, and once every twenty (20) years thereafter. b. Whenever the city has issued a notice of violation following a sanitary sewer overflow event from a common interest development’s private sewer lateral. c. Increase in size of the water meter serving the common interest development. When Inspection is Required for Common Interest Subdivisions (including any community apartment project, condominium project, planned development, or stock cooperative): 08-20-2019 Item 13, Staff Presentation CA Cities/Agencies with Similar Programs Arcata (2016) Berkeley (2006) Burlingame (2000) Millbrae (2011) Monterey (2019) Pacifica (2012) Pinole (2012) Richmond* (2006) San Bruno* (2015) Santa Barbara (2007) Santa Cruz (2018) Sausalito (2016) Ventura (2012) * Some programs were mandated by US EPA/RWQCB or negotiated with San Francisco Baykeeper Castro Valley Sanitary District (2019) East Bay Municipal Utility District* (2011) (Alameda, Albany, Emeryville, Oakland, Piedmont, Kensington, El Cerrito) Ojai Valley Sanitary District (2015) Ross Valley Sanitary District* (2014) (Neighborhoods and Municipalities: Bon Air, Town of Fairfax, Greenbrae, Kentfield, Kent Woodlands, City of Larkspur, Oak Manor, Town of Ross, Town of San Anselmo, and Sleepy Hollow) Santa Cruz County Sanitation District (2006) Sewerage Agency of Southern Marin (2016) (Mill Valley, Richardson Bay SD, Almonte DS, Alto SD, Homestead Valley SD, Tamalpais CSD) Sonoma Valley County Sanitation District 08-20-2019 Item 13, Staff Presentation 17 18 8/20/2019 Item 13, Staff Presentation 10 Offset Requirements Proposed to apply to new development in capacity constrained areas Flow calculation consistent with City’s 2018 Engineering Standards (Uniform Design Criteria, Section 7, Page 59) Flow offset by replacement of private sewer laterals, including any onsite lateral corrections 08-20-2019 Item 13, Staff Presentation Proposed Timeline August 20, 2019 Present Rebate Program, Draft Private Sewer Lateral Inspection and Offset Requirements August 21, 2019 Private Sewer Lateral Rebate Program and Fee Reduction September 3, 2019 Second reading of proposed Ordinance Through December 2019 Continued Public Engagement and Education on Private Sewer Lateral Inspection Requirements January 1, 2020 Effective date for Inspection Requirements 08-20-2019 Item 13, Staff Presentation 19 20 8/20/2019 Item 13, Staff Presentation 11 Public Outreach Residents for Quality Neighborhoods (RQN) Real Estate Community (Residential and Commercial) Home Inspectors Property Managers Title Company Escrow Officers Internal Partners (City) Development Community Environmental Community 08-20-2019 Item 13, Staff Presentation Public Outreach New Private Sewer Lateral Portal available at the Utilities Department website 08-20-2019 Item 13, Staff Presentation 21 22 8/20/2019 Item 13, Staff Presentation 12 Public Outreach 08-20-2019 Item 13, Staff Presentation Questions? 2408-20-2019 Item 13, Staff Presentation 23 24 8/20/2019 Item 13, Staff Presentation 13 Recommendations 1. Introduce an Ordinance (Attachment A) amending Chapter 13.08 of the Municipal Code, as modified through Agenda Correspondence,related to maintenance and inspection of private sewer laterals, and wastewater flow offset program and determining the ordinance modifications are exempt from environmental review pursuant to CEQA Guidelines; and 2. Adopt a Resolution (Attachment B) of the City Council of the City of San Luis Obispo, establishing a Private Sewer Lateral Replacement Rebate program and eliminating an Existing City Fee for Sewer Wye Installation. 08-20-2019 Item 13, Staff Presentation 2019 Private Sewer Lateral Ordinance Staff proposes to modify Section 13.08.395 C.2.c Exceptions, found on Packet Page 172, to read as follows: c. The private sewer lateral is located within a common interest development which is regulated under Section 13.08.395D and serves more than two separate units or properties within the common interest development. 08-20-2019 Item 13, Staff Presentation 25 26 8/20/2019 Item 13, Staff Presentation 14 08-20-2019 Item 13, Staff Presentation Common Interest Development Private Lateral Systems 28 Commercial Shopping Center on Broad Street @ Tank Farm RoadCondominiums on South Street @ King Court Inspection Required by January 1, 2030 Inspection Required by January 1, 2030 Inspections Required At Change of Ownership 08-20-2019 Item 13, Staff Presentation 27 28 8/20/2019 Item 13, Staff Presentation 15 Example Offset Calculation 4 units Proposed multi-family units 105 gpd Wastewater generation in gallons per day per multi-family unit* 273 gpd Peak flow (in gallons) per multi-family unit1 (using a peaking factor of 2.6) 1,092 gpd Peak flow (in gallons) to be offset by private sewer lateral replacement2 2.8 or 3 Private sewer laterals replaced for wastewater flow offset 1. Wastewater generation and peaking factors are found in the City’s 2018 Engineering Standards, Uniform Design Criteria, Section 7, Page 59. 2. Replacement of one single-family residential private sewer lateral would offset 390 gpd. 08-20-2019 Item 13, Staff Presentation Alternative Resolution Text Retroactive Rebates, Packet Page 179 SECTION 1. l. Rebates will be available to those single-family residential property owners that have replaced their private sewer lateral consistent with the requirements of this section retroactive to July 1, 2017. This rebate opportunity will sunset as of June 30, 2020. 08-20-2019 Item 13, Staff Presentation 29 30