Published in the ECHO Journal, February 2010
In the aging municipal infrastructure that surrounds the San Francisco Bay, local utilities struggle to maximize water efficiency and minimize environmental impact. But broken pipes and increasing demand are contributing to higher water rates and environmental problems. Despite years of repairs in some areas, sudden surges in water runoff can overcome the existing sewer system. In the East Bay, although the system has separate pipes for storm water runoff and sewage, storm water can seep into cracked and aging sewer systems during storms, resulting in excessive flows and the discharge of partially treated sewage into the Bay.
The East Bay Municipal Water District (EBMUD) is one utility plagued by outdated infrastructure. Established in 1944 to halt the discharge of raw sewage into the Bay, EBMUD has long struggled to develop a system that meets the sewage needs of its district. Now, EBMUD has adopted the Water Supply Management Program 2040 (WSMP 2040), its plan for providing water to its customers over the next 30 years. The plan grew out of a settlement agreement with the U.S. Environmental Protection Agency and the Regional Water Quality Control Board, and requires EBMUD to adopt a plan to keep the Bay healthy. Although this plan only affects the cities within the EBMUD, other bay-centric cities may adopt similar ordinances in the future.
The Regional Ordinance
The WSMP 2040 is a comprehensive plan that will impact all areas of EBMUD’s water management system. But the plan also contains requirements for individual homeowners and common interest developments, requiring owners to certify all sewer laterals on their property within the specified timeframe.
EBMUD currently maintains the city sewer, but many private residences have cracked or improperly installed “laterals” that connect to the city’s system. To help EBMUD reduce sewage runoff, a new Regional Ordinance requires property owners to obtain a compliance certificate that indicates their sewer laterals are without defects and have proper connections. Specifically, owners are required to test, and if needed repair and/or replace property sewer laterals prior to selling their property; or when obtaining any permit for the construction or modification of the property estimated to be greater than $100,000; or when increasing or decreasing EBMUD water service.
Condominium Impact
For complexes that have individually-owned units in a multi-unit building, the triggers above are impractical to implement. Thus, specific to condominium-type properties, within a 10 year period from the date of the Regional Ordinance adoption, the community association is required to verify that all the sewer laterals located on the property function in accordance with the Regional Ordinance requirements. Upon verification, a compliance certificate will be issued to the community association. The compliance certificates are valid for 7 years when either no repairs are needed or isolated repairs are done, and for 20 years when the lateral is fully replaced.
———————————————————————————————————–
At this time, the Regional Ordinance only impacts the EBMUD, including the cities of Emeryville, Oakland and Piedmont. Other EBMUD cities already have lateral ordinances in place. However, as the EPA looks at other failing sewer systems, other cities around the bay may be required to make similar changes. Associations within the EBMUD should immediately investigate the cost of replacing their sewer laterals, and begin budgeting for the repairs. Associations in similarly situated areas may want to examine their own infrastructure and consider budgeting for future repairs or replacement.
The Regional Ordinance is scheduled for adoption on February 9,2010 and implementation is anticipated in late 2010. Additional information regarding EBMUD’s Regional Ordinance and Private Lateral Repair and Replacement Program will be forthcoming, and some information is available on the EBMUD website.