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Sewer Lateral Rules in Berkeley and Alameda: How They Differ from Oakland

Oakland, Alameda, and most nearby cities share one regional program run by EBMUD. Berkeley runs its own. The basic idea is the same everywhere. Before a sale or a big remodel, you prove the private sewer pipe doesn't leak. What changes is who issues the certificate, which part of the pipe is yours, and how extensions work.

Side by side

OaklandBerkeleyAlameda
Who runs itEBMUD regional programCity of Berkeley (its own program)EBMUD regional program, with City permits
CertificateEBMUD Compliance CertificateCity of Berkeley Sewer Lateral CertificateEBMUD Compliance Certificate
Sale or transferRequired to close escrowRequired before close of escrowRequired to close escrow
Remodel triggerPermitted work over $100,000Building permits valued over $60,000Permitted work over $100,000
Other triggersWater meter size changeCity finds the lateral is a public nuisanceWater meter size change
Part of the pipe the owner handlesWhole lateral, house to public mainWhole lateral, house to public mainUpper lateral only (house to property line). The City handles the lower lateral
Who witnesses the testEBMUD inspectorCity of Berkeley inspectorEBMUD inspector
Extension when sellingEBMUD TEC: $142 fee, $4,500 deposit, 180 days6 months, with a $4,500 deposit or a signed contractor agreementEBMUD TEC only. The City can't grant extensions
Certificate term20 years after replacement, 7 years otherwise20 years after replacement, 7 years otherwise20 years after replacement, 7 years otherwise
City permitSewer Lateral (SL) permit from OakDOTPermits from the CityBuilding Permit, plus an Encroachment Permit in some cases

Berkeley: a separate city program

Berkeley isn't part of EBMUD's regional ordinance for this. The City's Private Sewer Lateral program issues its own Sewer Lateral Certificate under Berkeley Municipal Code Chapter 17.24. Here's what's different:

  • A lower remodel threshold. Berkeley's trigger is building permits valued over $60,000, compared with $100,000 under EBMUD's ordinance.
  • Nuisance cases. You also need a certificate if the City decides a lateral is a public nuisance. Berkeley offers interest-free loans to eligible low-income owners, but only in these nuisance cases, not for sales.
  • Proof of a newer pipe. Berkeley accepts evidence that the lateral is less than 20 years old, or a lateral replacement permit from the last 20 years, in some cases without a new test. Check with the City first.
  • Extensions. If the work can't be done before closing, a 6-month extension is available with either a $4,500 deposit or a signed contract with a contractor. If the work isn't done, the deposit is forfeited and the City may do the work. Any costs over the deposit can become a lien on the property.
  • Failed tests. The City issues a Notice of Deficiency with 90 days to fix the lateral. After 120 days the property is out of compliance.
  • Who does the work. A licensed plumbing or sanitation sewer contractor runs the test, and a City inspector witnesses it. For repair or replacement in the public right-of-way, Berkeley's guide names state-licensed plumbing and sanitation sewer contractors (the state's C-42 Sanitation System license) and general engineering contractors (the state's Class A license). Confirm with Public Works which license fits your job.
  • Exempt transfers. Berkeley's own list includes transfers into a revocable trust, between spouses or domestic partners, and as part of a dissolution of marriage. Check the City's guide for the full list.

Berkeley's compliance guide estimates that a typical lateral costs $3,000 to $4,500 including permits, inspections, and construction, and that longer laterals or difficult conditions can cost more. Contact: PSLProgram@berkeleyca.gov or (510) 981-6423.

Alameda: EBMUD program, but you only own half the pipe

Alameda joined the EBMUD program on January 1, 2015. The certificate, fees, test, and Time Extension Certificate all come from EBMUD. Here's what's different:

  • Upper lateral only. The owner is responsible for the upper lateral, from the building to the property line. The City of Alameda handles the lower lateral to the main.
  • Property line cleanout. A cleanout at the property line is required.
  • City permits. A Building Permit is needed for the work. An Encroachment Permit is also needed if the cleanout goes in the sidewalk or parkway strip, or if the lateral connects to a main in a side or back yard.
  • Contractors. The City says the work should be done by a C-36 (plumbing) or C-42 (sanitation) contractor.
  • Extensions come only from EBMUD. The City can't grant one.
  • Older Alameda certificates. If you have a certificate from before the regional program, you may qualify for an EBMUD Exemption Certificate.
  • Alameda Point properties have a special form.

Contact: pwpermits@alamedaca.gov or (510) 747-7930.

Other cities in the EBMUD program

  • Albany joined on January 1, 2015. Like Alameda, owners there are responsible for the upper lateral only.
  • Emeryville joined on August 22, 2011. EBMUD notes Emeryville requires a city permit even to test a lateral as-is.
  • Piedmont joined on August 22, 2011. Owners are responsible for the whole lateral, as in Oakland.
  • El Cerrito, Kensington, and the Richmond Annex are in the Stege Sanitary District, which joined on October 17, 2011.

Not sure which applies to you? Look up your address on EBMUD's private sewer lateral page, or call the PSL program at (866) 403-2683.

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