A. The purpose of this Chapter is to reduce infiltration and inflow into the sanitary sewer system operated by the City of Berkeley by requiring testing, repair, replacement, and ongoing maintenance of privately owned sewer laterals within the City of Berkeley, in compliance with SFRWQCB Order R2-2009 and NPDES Permit No. CA0038466, USEPA Administrative Order in docket no. CWA 309(a)-10-007, and the Consent Decree in United States of America, et al. v. City of Alameda, et al. (N.D. Cal. Case No. CV 09-05684 RS). To this end, this Chapter requires that all Private Sewer Laterals be maintained by their owners in accordance with the standards set forth in this Chapter. Such maintenance shall include, when necessary, the repair or replacement of the sewer laterals.

B. In 1986, the Regional Water Quality Control Board, San Francisco Bay Region (SFRWQCB), in its enforcement of the 1972 Federal Clean Water Quality Act, and the requirement to control sewage overflows, issued a Cease and Desist Order to the East Bay Municipal Utility District (EBMUD), the City of Berkeley and other East Bay Communities (Order No. 86-17, reissued with Order No. 93-134).

C. In an effort to solve the problem of sewage overflows in compliance with the Cease and Desist Order, the affected jurisdictions jointly developed a compliance plan. The plan used a broad-based Sewer System Evaluation Study completed in 1985 by CDM Jordan/Montgomery. The CDM Jordan/Montgomery study found that a significant component of infiltration and inflow (I/I) is infiltration, consisting of groundwater or runoff from rainfall that passes through the soil into defects in the sewer pipes and associated structures.

D. In addition, there exist in the City numerous stormwater inflow connections into Private Sewer Laterals, such as downspouts and storm drains (Non-Sanitary Sewer Connections) on private property.

E. The City’s evaluation estimates that as much as 40--50% of the I/I peak flows during heavy wet weather events are from Private Sewer Laterals and storm drain connections on private property.

F. Infiltration and Non-Sanitary Sewer Connections are major sources of the I/I that occur during the rainy season. Evidence supporting this conclusion includes leakage test data, internal inspection by television, smoke test results, conditions documented by excavations, and direct flow measurements.

G. The CDM Jordan/Montgomery study recommended that the affected jurisdictions update and enforce their sewer ordinances as required to implement the program’s recommendations, including an ordinance requiring testing and repair of Private Sewer Laterals as a condition on the sale of property or significant remodeling, and requiring all property owners to eliminate Non-Sanitary Sewer Connections and correct defective sewers. (Ord. 7371-NS § 1 (part), 2014: Ord. 7200-NS § 1 (part), 2011)