Who pays for the sewer lateral in San Rafael, CA
Which part of the pipe is yours
Yours all the way to the main under the road — depends on which district bills your sewer: San Rafael Sanitation District or Las Gallinas Valley Sanitary District
Why, and what to doYours from the meter to your building
Why, and what to do
If something’s wrong
If a repair needs a permit or an inspection
No rule on file here is specific to a repair; that does not mean none exists.
Buying or selling?
Whether a sewer lateral inspection is required when a San Rafael property is sold depends on which of the city's two sanitary districts serves it. Las Gallinas Valley Sanitary District requires one, in its ordinance's words: "upon proposed sale or transfer of property, the seller shall obtain and submit a lateral inspection report to the District prior to the close of escrow". There is no price threshold on that - the $30,000 figure the District's web page attaches to a sale belongs, in the ordinance, to building work: an inspection is required before the final inspection of permitted work "for a remodel where said remodel has a value of $30,000 or greater". The District's review costs $250 over ten business days, or $500 expedited over five, and inspection is by a licensed plumber or a Pipe Assessment Certification Program certified inspector. San Rafael Sanitation District states that it "does not require that a sewer lateral inspection be conducted prior to the sale of the property".
Planning work?
The remodelling rule in full, with its sourcesWho to call first about the sewer lateral
San Rafael: official site(opens in a new tab)The documents this answer is built on
Who is responsible for which part
Two sanitary districts serve San Rafael, and both say the sewer lateral is privately owned and the property owner's to maintain. San Rafael Sanitation District adds that this runs the entire length "including the portion that runs under the street". Which district you are in matters for other things - most of all for what happens when you sell.
- The property owner
- All of it, on both districts' own statements. San Rafael Sanitation District states that "a sewer lateral is the privately owned pipe that connects your home or building to the public sewer main in the street" and that "as the property owner, you're responsible for maintaining and repairing this section of pipe"; asked how far that reaches, it answers that "property owners are responsible for maintaining the entire length of the sewer lateral, including the portion that runs under the street". Las Gallinas Valley Sanitary District describes a lateral as "the segment of the sewer pipeline linking your residence to the public sewer main" and states that "the respective property owners are accountable for addressing any issues with their laterals". Its sewer system management plan goes further still: "lateral connections to the District's mains, including both the upper lateral, lower lateral, and the main connection fitting are owned by the property owner, who has responsibility for their operation and maintenance", and "maintenance of both the upper and lower laterals is the responsibility of the property owner".
What decides which applies
Sources
San Rafael Sanitation District, Sewer LateralsWhat the rules say
Most relevant if you are repairing or replacing the pipe
No rule on file here is specific to repairing or replacing the pipe; that does not mean none exists.
Also in force here
Whether a sewer lateral inspection is required when a San Rafael property is sold depends on which of the city's two sanitary districts serves it. Las Gallinas Valley Sanitary District requires one, in its ordinance's words: "upon proposed sale or transfer of property, the seller shall obtain and submit a lateral inspection report to the District prior to the close of escrow". There is no price threshold on that - the $30,000 figure the District's web page attaches to a sale belongs, in the ordinance, to building work: an inspection is required before the final inspection of permitted work "for a remodel where said remodel has a value of $30,000 or greater". The District's review costs $250 over ten business days, or $500 expedited over five, and inspection is by a licensed plumber or a Pipe Assessment Certification Program certified inspector. San Rafael Sanitation District states that it "does not require that a sewer lateral inspection be conducted prior to the sale of the property".
What to do: Settle which district serves the address before anything else, using San Rafael Sanitation District's Service Area Map or by ringing either district. If it is Las Gallinas Valley, check next whether you are exempt before booking anybody: the ordinance excuses an owner whose predecessor "has originally installed the sewer lateral, or replaced in full the pre-existing sewer" lateral to District standards under a District permit "within twenty (20) years prior to the date of the application for a current building permit, or of listing the property for sale", and equally an owner holding a District Certification of Compliance or a clean Report of Findings from the same twenty years, or whose lateral was replaced in a District project. Proof is needed - a certificate, a paid bill or similar - and the District judges whether it suffices. Several kinds of transfer are not sales for this purpose either, among them a transfer to an heir, between co-owners, into a revocable trust, to a spouse or registered domestic partner, one resulting from a dissolution, and "a transfer from a Property Owner to a financial institution as a result of a" foreclosure. If none of that applies, start early enough for the ten-business-day standard review rather than paying for the expedited one - and ask about the District's lateral assistance loan, which can fund a repair the inspection turns up.
Las Gallinas Valley Sanitary District Ordinance Code, Title 2 Chapter 9Why this matters
A sale inspection here cannot cost you a new lateral, and that is the opposite of what most sellers fear. Where the inspection is triggered by a sale, the ordinance limits what the District can require to "elimination of illegal connections" - the roof drains and yard drains feeding the sewer - and says in terms that "repair or replacement of the lateral will not be required as a result of inspections performed pursuant to this section". A bad report may still be something a buyer negotiates over, but it is not a District order to dig. San Rafael answers the underlying question two ways: a seller on one side of a district boundary must produce an inspection before escrow can close and a seller on the other side need do nothing, and the boundary is not a thing most people know runs through their city. San Rafael Sanitation District - the district that does NOT require it - is the one that warns about this, advising that "there are two sanitation districts in the City of San Rafael and it's important that you confirm which district your property is located". The timing is where it bites: ten business days for a standard review, or $500 to have it done in five.
Assistance programmes
Las Gallinas Valley Sanitary District sewer lateral assistance loan
A loan rather than a grant: "customers within the District can apply for a loan of up to $15,000 from the program, allowing them a 10-year period to repay the borrowed amount at a 2-percent interest rate". Those figures are the code's as well - a maximum principal of $15,000, a ten-year term, and interest at "two percent (2%) per annum". What the page does not say is how you repay it. The amount becomes a lien on the property, collected in semi-annual instalments added to the Marin County tax roll "at the same time and in the same manner as county taxes are collected", with the agreement recorded at the County Recorder's office; the code states the lien is "of the same force and effect as other liens for taxes". Two terms in your favour sit alongside that: there is "no prepayment penalty", and the schedule is not accelerated "upon the sale or transfer of the property", so an outstanding balance need not be cleared to sell. Title search and recording fees are yours and the District may add them to the principal. The permit and the final inspection the work needs are free. Apply first: the code states that "all applications and documents must be completed, received and approved by the District before any work may commence".
Open to customers of Las Gallinas Valley Sanitary District, which serves part of San Rafael and the unincorporated area north of it - not to the rest of the city, which is served by San Rafael Sanitation District and has no equivalent programme. The District states that "customers within the District can apply", and describes the programme as aimed at the many homes in its area over fifty years old whose laterals have never been repaired or replaced. Confirm which district serves the address first. The District's code adds conditions its web page does not. Your lateral has to have been surveyed on video and rated under the Pipeline Assessment Certification Program, and that survey has to find at least one defect rated under it - a lateral you simply want replaced before it fails will not qualify. The property must be clear of delinquent taxes, special assessments and assessment loans, or you must show an arrangement to clear them, and the owner must be "in good standing with no claims, no active lawsuit and/or no funds outstanding due to District". Money is limited and spoken for in order: it goes first to properties caught by that year's Sewer Improvement Project, and then, if any is left, to other repairs, with "sewer laterals in the worst condition" given priority. If your property is not part of the current year's project you will also need three quotes from a licensed contractor, and the District pays the contractor directly rather than paying you.
Apply on the official site
Who governs and serves this area
- Jurisdiction
- San Rafael (municipality)
How this compares to neighbouring cities
3 of the 4 nearest cities draw the line somewhere else. Each authority publishes only its own rule.
Your other pipe: the water service line
The drinking water line coming into your property is a separate pipe, run by a separate authority, and who is responsible for it is decided separately. Your sewer lateral is yours to the main; your water line stops being yours at the meter.
Who owns the water service line in San RafaelNearby cities and further reading
Look up a specific address
This page describes what applies to properties in San Rafael in general. To see which authorities serve one address, and what records exist for it, search for it.
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