As of July 1, 2019, There Will be a New Castro Valley Sewer Lateral Ordinance Program in Effect

orAccording to CVSan (the Castro Valley Sanitary District), there will be a new Castro Valley sewer lateral ordinance program that goes into effect on July 1, 2019. This new ordinance program describes mandatory procedures for sewer lateral inspections and repairs during any property sale, public or private, in the Castro Valley area. This ordinance (Ordinance No. 179) was enacted on September 4, 2018, and will be put into effect July 1, 2019.

Please note that CVSan will not require properties that are under contract before July 1, 2019, to obtain a compliance certificate.

What is a Sewer Lateral?

A sewer lateral is a pipe that connects a building’s sewer system to the public sewer main. The lateral starts at the building and ends once it has reached the municipal sewer line. Property owners are always responsible for maintenance, repairs, and replacements f their private sewer lateral and connection to the main city sewer line.

What Does this New Ordinance Entail?

The Private Sewer Lateral Program (the name given the program by CVSan) requires properties that are within their service area to have a sewer lateral compliance certificate issued when selling property. No property sale will be exempt (commercial, industrial, private, and even bank-owned properties will be affected). To receive the certificate, you must pass a lateral sewer inspection.

When is a Sewer Inspection Required by the Castro Valley Private Sewer Lateral Program?

According to CVSan Code Section 6421, a sewer lateral must be inspected when:

  • Before the closing of the sale or escrow of a property
  • If there is no escrow, then before recording the deed or document of title transfer.
  • Whenever CVSan finds any unpermitted sewer lateral work.
  • Whenever CVSan considers the private sewer lateral in question to be a “public nuisance.”

When is a Sewer Inspection NOT Required by the Castro Valley Private Sewer Lateral Program?

In addition to listing out when an inspection IS required, CVSan also lists the situations where a new sewer lateral inspection is NOT required. Sewer lateral situations that do not warrant an investigation include:

  • Whenever the property in question has a valid Compliance Certificate already
  • If the property in question with a connection/capacity permit approved by CVSan staff showing that the building was constructed 30 years or less before the anticipated date of sale
  • When properties with a sewer repair permit (approved by CVSan) documenting that the private sewer lateral was replaced (in full) within 30 years of the anticipated date of sale
  • To properties where an approved sewer repair permit documents that the work replaced at least 50% of the private sewer lateral within ten years of the anticipated date of sale
  • When properties are undergoing transfer to a bank for foreclosure
  • Whenever the property in question is undergoing an inter-family transfer of ownership

What Does a Castro Valley Sewer Lateral Inspection Involve?

If you have triggered a need for inspection (see “When is a Sewer Inspection Required..” section of this article), then the following will happen:

  • 1 – Obtain a CCTV (Closed Circuit Television) inspection permit from CVSan before the CCTV inspection of your private sewer lateral. Every single sewer lateral on a property will need its specific license.
  • 2 – CVSan will inspect all laterals unless the property owner presents proof to CVSan that they have a valid Compliance Certificate or is eligible for said Compliance Certificate for the sewer lateral in question.
  • 3 – The owner of the property is required to schedule the time and date of the inspection with CVSan at least 24 hours before the investigation begins.
  • 4 – An authorized CVSan inspector must be present and witness the CCTV inspection.
  • 5 – THe owner of the property must submit a video recording of the inspection to CVSan for review along with the permit fee.
  • 6 – The video will be considered valid for six months from the date of the completed inspection.

If Your Inspection Reveals Necessary Repairs, What is the Procedure For Completing Them?

If after you have received your inspection, CVSan determines that you need repair or replacement work, then the following will happen:

  • The property owner will receive a Notice to Repair no later than 30 days after the date on the receipt of the video and review fee from CVSan.
  • The Notice to Repair will show the necessary repairs that must be completed for the sewer lateral before it can pass an inspection. Some repairs that are often required are things like the installation of clean-out or backflow prevention systems. All work listed on the Notice to Repair must be completed before the property owner will receive their Compliance Certificate.
  • After repairs, the property owner must have another CCTV inspection of their sewer lateral completed by CVSan.
  • Even though CVSan requires these extra inspections and repairs, the property owner is still responsible for all fees, inspections, permits, tests, and bills.

Term Limits for the Castro Valley Private Sewer Lateral Program Compliance Certificate

There are some term limits for a Castro Valley Private Sewer Lateral Program Compliance Certificate. Some of those limitations include:

  • Compliance Certificates are valid for 30 years from the approval date indicated on the sewer repair permit.
  • Any Compliance Certificate obtained because of private sewer lateral repair, and successful inspection is valid for ten years from the approval date indicated on the sewer repair permit.
  • Compliance Certificates obtained due to successfully passing the initial CCTV inspection (without needing repairs or replacement work) will be valid for ten years from the approval date indicated on the CCTV inspection permit.

Seems Complicated? Contact Us for Help With Your Castro Valley Sewer Lateral Ordinance Compliance

Does all this business regarding the Castro Valley Private Sewer Lateral Program confuse you? Well, you’re not alone! We’re the go-to Castro Valley Private Sewer Lateral Program experts. If you are having issues navigating this complicated new ordinance, then please feel free to contact us here at Streamline Plumbing and Underground Sewer Construction.