Last May, the Carmel Area Wastewater Management District joined the cities of Monterey & Pacific Grove in requiring a sewer lateral inspection as part of the transfer of real property. Though by agreement, the effective date of this ordinance was postponed until the following October, 2019.
This affects all properties within the Carmel Area Wastewater Management District. A map of which we’ve provided below;
This ordinance follows Monterey & Pacific Grove’s as it applies to Residential & Business properties who either;
- Transfer ownership or change of use – unless the property has had the lateral replaced within the last 10 years and a proper permit can be shown.
- Remodels or improvements exceeding $50,000
Properties who have two sewer overflows in one year. Or any overflow reaching the public right of way.
As always, the Carmel Area is unique in its approach. It’s ordinance requires a Private Sewer Lateral Condition Report to be prepared by a Licensed Plumbing Contractor. This involves a camera to be ran down the sewer lateral and the video recorded. The recording is then reviewed by a staff member who makes a determination as to it’s functionality & serviceability.
We’re finding that laterals constructed of materials of cast iron & orangeburg typically trigger a complete replacement. While clay and the current standard, ABS, remain acceptable if in serviceable condition.
We actually find Carmel’s process to be more fair than others. We’d rather the government agency make the determination rather than a plumber hired on behalf of a buyer or seller as with Monterey & Pacific Grove.
The cities of Monterey & Pacific Grove’s require the lateral to be certified by a licensed plumbing contractor. This involves an inspection and the completion of a lengthy and specific questionnaire. The questionnaire is then submitted to the city and kept on file. Answering no to any of the questions on the questionnaire will result in an immediate failure.
We’ve seen challenges with this approach. Most often the plumber errors on the side of caution and recommends either significant repairs or a complete replacement. Which is not only more lucrative but also safer. As their certification of the sewer line is perceived as an implied warranty. Opening them to unknown liability in the future.
In conclusion, The decision as to whether to complete the inspection prior to marketing a property depends on a number of factors. Once the inspection is completed and reported to the responsible agency, a 30-60 day timeline as to when the repair work must be completed begins. Enforcement mechanisms by the agencies can be a lien or potential monetary fines. Buyers can also assume the responsibility of any corrections.
The above is meant to be a brief general overview. We’ve included links to each of the agencies ordinances below. If you have any questions or would like to discuss a specific situation let us know.
Carmel Area Wastewater Management District – ORDINANCE 2019‐01
Monterey Ordinance – Monterey City Code 30-1.2 (Ordinance 3579)
Pacific Grove Ordinance – Pacific Grove Municipal Code 9.20.040
