17.24.020 Definitions.
The following terms apply to this Chapter and are the same as, or supplement the definitions found in the Berkeley Plumbing Code, Berkeley Municipal Code Chapter 19.34:
A. "Building Drain" is that part of the lowest piping of a drainage system that receives sanitary sewage from inside a building and conveys it to the Lateral beginning 30 inches outside the building.
B. "City Engineer" is the City Engineer or their designee.
C. "Cleanout" is a pipe fitting and associated piping connected to a Lateral that provides access to the lateral for purposes of inspection and maintenance.
1. "Private Cleanout" is a Cleanout located on the Private Sewer Lateral.
2. "City Cleanout" is a Cleanout at or near the property line or street curb line that is maintained by the City, which complies with current City of Berkeley standards.
D. "Infiltration" is groundwater, runoff from rainfall or any other source that passes through the soil into a Lateral through defects in the sewer pipes and associated structures, and water from Non-Sanitary Sewer Connections.
E. "Inflow" is runoff from rainfall that enters the Lateral through Non-Sanitary Sewer Connections.
F. "Infiltration and Inflow (I/I)" is the combination of inflow and infiltration.
G. "Lateral" is that part of the piping of a drainage system which extends from the end of the Building Drain to the Main Sewer and conveys the discharge of the Building Drain to the Main Sewer.
H. "Lower Lateral" is the portion of a Lateral that is located in the public right-of-way and extends from a City Cleanout to the Main Sewer.
I. "Main Sewer" or "Sewer Main" is a sanitary sewer line directly controlled by the City of Berkeley and located in the public right-of-way or City easement that collects flows from more than one sewer Lateral.
J. "Non-Sanitary Sewer Connection" is any facility that directly or indirectly conveys stormwater, surface water, roof runoff, intercepted groundwater or subsurface drainage into sanitary sewers, including, but not limited to, downspouts, yard drains or other sources of stormwater or other run-off.
K. "Private Sewer Lateral" ("PSL") shall have one of the following meanings, depending on the circumstances:
1. In cases where a Lateral connects a Building Drain to a Sewer Main located in a street on which the building site has frontage, the PSL is the portion of the Lateral from the Building Drain to a City Cleanout if one exists, or the location where the City Cleanout is required to be.
2. In cases where a Lateral connects to a Yard Sewer Main, the PSL is the entire Lateral, including the connection to the Yard Sewer Main.
3. In all other cases, the City Engineer shall determine the extent of the PSL based on the applicable circumstances, in a manner that best accomplishes the purposes of this Chapter.
L. "Public Entity" or "Public Entities" is: (1) any city or county; (2) any special district or agency of the state formed pursuant to general law or special act for the local or regional performance of governmental or proprietary functions within limited boundaries; (3) any agency or entity created pursuant to the Joint Exercise of Powers Act (Cal. Gov. Code § 6500, et seq.); (4) a school district or a community college district; (5) the University of California; (6) the California State University; (7) an air pollution control district or an air quality maintenance district; (8) a housing authority; and (9) any other entity with the capacity to own real property created by any of the above. "Public Entity" or "Public Entities" does not include the State of California government or the United States government or any agency, board, or commission thereof.
M. "Satisfactory Condition" is a condition of a Private Sewer Lateral that is indicated by:
1. Final inspection and approval of a City Building or Plumbing Permit for replacement of the Private Sewer Lateral and disconnection of any Non-Sanitary Sewer Connections, and, if necessary redirection of any stormwater connections in a manner approved by the City Engineer, within the previous 20 years; or
2. Approval by the City Engineer of the results of a Verification Test of the Private Sewer Lateral confirming that it is in compliance with the standards set forth in this Chapter.
N. "Sewer Lateral Certificate" is a certificate issued by the City Engineer indicating that the lateral is in "Satisfactory Condition" as defined herein.
O. "Structure" is any structure or building as defined in the Berkeley Plumbing Code that is provided with public sewer service by the City of Berkeley.
P. "Transfer" is any transaction, whether or not for consideration, in which any real property, including condominiums as defined in Civil Code section 1351(f), is transferred or conveyed from one person or entity to another. The term "Transfer" shall be construed broadly to achieve the purposes of this Chapter, subject to the following specific exclusions, which shall be narrowly construed:
1. Any transfer or conveyance from one or more co-owners of property into a revocable or inter vivos trust, if the trust is for the benefit of the grantor or grantors and the proportional ownership is not changed; however any transfer by a trustee or other fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust shall be considered a transfer;
2. Any conveyance made to a spouse or a registered domestic partner in order to create a joint tenancy or tenancy in common; or
3. Any conveyance between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree.
Q. "Verification Test" is a test witnessed by the City’s authorized representative(s) to verify that a PSL complies with the requirements set forth in this Chapter. The City Engineer shall maintain written procedures for Verification Testing, which shall be made available upon request.
R. "Yard Sewer Main" is a Sewer Main that is subject to the City’s control and maintenance but that is not located in a public right-of-way. (Ord. 7371-NS § 1 (part), 2014: Ord. 7200-NS § 1 (part), 2011)