Reso 2009-115 - Laserfiche WebLink

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City of San Leandro Sewer System Management Plan Volume I Section 3 -Legal Authority The City maintains the legal authority through codes, ordinances, and service agreements. The statutory authority is established through Government Code Section 38900-38902 and Health and Safety Code Section 5470-5474.10 as well as the Charter of the City of San Leandro and the City of San Leandro Municipal Code. Sections most relevant to the legal authority regulating the sanitary sewer is included in the City's municipal code; Title 3 Health and Safety; Chapter 3-14 Uniform Wastewater Discharge Regulations; Article 3. Sewer Use Regulations. These sections address the specific requirements of the SSMP: require proper design, construction, installation, testing, and inspection of new and rehabilitated sewers and laterals; regulate source control over constituents entering into the sanitary sewer and enforce violations of ordinances. Prevention of Illicit Discharges The City's Municipal Code Ordinance No. 2001-05, (Sections 3-14-310 to 3-14-375 and Sections 3-15-200 to 3-15-210) establishes specific prohibitions on discharges. These prohibitions address materials which may cause obstructions of flow, toxic pollutants, substances which will interfere with the wastewater treatment process or cause violations to the NPDES permit or the receiving water quality standards. Storm water, ground water, rain water, street drainage, subsurface drainage or yard drainage will not be discharged through direct or indirect connections to the sanitary sewer. It requires all industrial waste dischargers to obtain a permit and prohibits discharge in excess of the permit allowance. The permit issued may require pretreatment or include other provisions for wastewater quality and quantity. Responsibility for Maintenance of Laterals The City's Municipal Code Ordinance No. 2001-05, (Sections 3-14-600 to 3-14-640) establishes the property owners as the responsible party for ownership and maintenance of both the upper and lower lateral. It is the property owner's responsibility to maintain and repair the sewer lateral from the house or business up to the point of connection with the public sanitary sewer main. This includes both the portion on private property and the portion located beneath the street. When deemed necessary by the City, clean-up of a discharge maybe initiated by the City or by an authorized individual or firm. All costs associated with such clean-up shall be borne by the owner, user or other person responsible for the sewer overflow the sidewalk and street up to the point where the lateral connects to the public main. While the City's Municipal Code includes a prohibition against extraneous discharges, which includes UI, and the general authority to access private property for purposes of enforcement of the provisions of the Code, it does not provide a specific vehicle for identifying or requiring correction of UI on private property. Proper Design and Construction of Sewers and Connections Pa~~ ~~,