§ 21-8. Sanitary sewer lateral repair program guidelines.

(a)

What work is eligible for payment.

(1)

Eligible work. Payment for the repair of failed sanitary sewer laterals for residential property having six or less dwelling units is eligible. This is defined as:

a.

Excavation and replacement of the failed section of lateral. This shall include the replacement of the failed pipe with new material of a similar nature or the use of a liner or other similar technology that allows the restoration of function to the failed sewer lateral without its physical removal. Replacement may also include the construction of a yard clean out to permit future service to the lateral "Failed" shall be defined as a disconnection or break that allows leakage of effluent from the lateral or blockage that causes effluent to back up into a plumbing fixture or other portion of a qualifying residential property;

b.

Backfill and restoration of the backfill consisting of grading into a mound to allow for settlement, and seeding and straw;

c.

Removal and hauling away of construction and pavement materials that were in the way of excavation;

d.

Patching (this includes saw cutting and patching only and not whole slab replacement) of private driveways or sidewalks that had to be cut and removed in order to repair the sewer lateral;

e.

Repair or replacement of any public sidewalks or street pavement damaged or removed as a result of the sewer lateral failure or replacement (All repair and replacement shall be done as directed by the department of public works under the standards for excavation permits);

f.

Payment for trees or shrub removal in the public right-of-way that must be done to make the necessary repairs to the sanitary sewer lateral will be figured on a case-by-case basis. The city reserves the option of hiring a separate contractor or doing the work with city forces.

(2)

Exclusions.

a.

The cost of cabling to clear a blockage or to document sewer lateral failure is not reimbursable under this program. In order to apply for service under this program, a property owner must document the existence of a failed lateral as defined in subsection (a)(1)a. and that an owner has attempted to clear the blockage by cabling;

b.

There will be no payment for replacement or loss of trees or shrubs;

c.

Any future settlement of the back filled sewer lateral trench will be the responsibility of the property owner to repair;

d.

No damage to adjoining private property or utilities will be paid for from this fund. This will be the responsibility of the property owner and the contractor;

e.

The mere existence of a crack or presence of roots or vines shall not constitute a failure. The applicant must demonstrate a history of clearing blockages caused by roots at a frequency greater than once annually for this to be considered a reason to fund a sewer lateral repair. Root removal at the rate on once per year or less is considered normal maintenance and not a basis for funding under this program.

(b)

Definition of sanitary sewer lateral. This is the sewer line that extends from the building foundation wall or exterior wall to the sewer main owned and maintained by MSD in a right-of-way or easement. This does not include a sewer line located under any part of a building. A lateral sewer line may be located in a front, side or rear yard.

(c)

Eligibility. No commercial or industrial properties are eligible for this program. In addition, no multifamily properties that contain more than six dwelling units per property are eligible for this program.

(d)

Proof of sanitary sewer lateral failure. The city will require documentation that the property owner's sewer lateral has failed. The documentation must in all cases include proof of property ownership, and one of the following:

(1)

Documentation from a reliable contractor that cabling of the sewer lateral has conclusively proven that the lateral has failed;

(2)

Documentation that repeated cabling has only temporarily opened the lateral and that either the pipe is permanently obstructed or has major damage prohibiting normal function;

(3)

Documentation that a reliable contractor has cabled the lateral and found no blockage, but the backups continue;

(4)

Documentation from a reliable contractor or from the Metropolitan St. Louis Sewer District in the form of a video showing that a sewer lateral is leaking and causing a health hazard or has damaged or potentially could damage a public street or sidewalk. In this case the city will contract for and pay for a TV inspection of the lateral.

Note— To insure the integrity of the program, the city reserves the right to spot check contractors by hiring a third party to cable or do TV inspections of allegedly failed sewer laterals.

(e)

Contractor selection, entering into a contract and payment.

(1)

Contractor selection: All residential property owners eligible for payment under the sanitary sewer lateral repair program shall contract with a sole source vendor, to be selected by the city, after the city obtains bids and selects the lowest and best responsible bidder. The city shall rebid the program every two years.

(2)

Entering into a contract. Prior to beginning any work, the selected contractor shall be responsible for applying for and obtaining a plumbing permit from the City of Ballwin. In addition, the contractor shall be responsible for submittal of a signed sewer lateral repair program contract agreement. No work may proceed until both the signed contract and the plumbing permit has been submitted and approved by the City of Ballwin.

(3)

Contractor payment. In order for the contractor to be paid, they must file both an application for a plumbing permit and an itemized bill for reimbursement under the Ballwin Sewer Lateral Insurance Program. Reimbursement will not be made unless and until the city has inspected the repair for compliance with the plumbing code and verified the length of the trench and other items for reimbursement purposes.

The contractor will also be responsible for obtaining an excavation permit if there is excavation involving any street pavement, public sidewalk or other improvements in a public right-of-way. The removal of any street trees shall be reviewed and authorized by the director of parks and recreation.

Once the permits have been issued, the contractor may proceed with the sanitary sewer lateral repair making sure to call for all required inspections. When all work is completed and inspected, the contractor must submit an itemized bill to the city that conforms to the agreed upon cost per foot and other unit prices in the unit price list. Any changes to the established price per foot must receive prior written approval from the city. Once the itemized bill and lien waivers have been received from the contractor and any subcontractors and major suppliers, payment will be made promptly.

(f)

City not responsible for damages. The City of Ballwin and the lateral fund will not be responsible for any damage to owner's or neighbor's property caused by sewer backups, lateral failures or the actions of the selected contractor.

(g)

What must be inspected.

(1)

The plumbing inspector must observe the repaired sewer lateral before the trench can be backfilled.

(2)

The sewer lateral joints must be properly made in accordance with the plumbing code.

(3)

There must be proper fall on the sewer lateral of at least 1/8 -inch per foot.

(4)

All new piping must be bedded on and covered with granular fill under the supervision of the plumbing inspector, prior to the backfill of the trench. The inspector must be present for the beginning of the backfill process. No materials such as large rocks, pavement pieces, old pipe and tree stumps will be permitted in the backfill.

(h)

All parties have a responsibility to proceed expeditiously. All parties involved in this process have a responsibility to move as quickly as possible to repair a failed sanitary sewer lateral. A residential dwelling is temporarily uninhabitable when the toilets, lavatories, bathtubs, showers and kitchen sink are rendered unusable by the failed lateral. It is the City of Ballwin's intention to expedite this process whenever possible. Applications will be reviewed quickly, permits will be issued promptly and inspections will be given priority. It is expected that all contractors involved will give the property owner the same consideration. Contractors will be evaluated periodically for responsiveness and the prompt completion of repair work under this program.

(i)

Unit price category descriptions.

Mobilization. This includes delivery to the site of all manpower, equipment and materials necessary to complete the sewer lateral repair. This includes obtaining permits, getting utility locates, excavation, repair of the sections of lateral needing repair in compliance with the plumbing code, disposal of all removed material, granular bedding and one foot of granular cover over the repaired lateral, backfilling the trench, mounding the trench as smoothly as possible and seeding and strawing all disturbed areas. Mobilization shall also include cabling and flushing of the sanitary sewer lateral if necessary, and providing and operation of video equipment capable of insertion into the sanitary sewer lateral for diagnostic purposes at the direction of the Ballwin plumbing inspector.

Sidewalk removal and replacement. This includes either removal at joints or saw cutting and removal of the section(s) of public or private sidewalk that must be removed to make the sewer lateral repair. This also includes disposal of all removed material. All back fill under sidewalk shall be granular fill and sidewalks shall be replaced with four-inch concrete except through driveways which shall be six-inch concrete. Contractors must obtain an excavation permit from the Ballwin Department of Public Works for any work within the public right-of-way.

Concrete slab removal and replacement. This includes either removal at joints or saw cutting and removal of the section(s) of the concrete street or driveway slab(s) that must be removed to make the sewer lateral repair. This also includes disposal of all removed material. All back fill under the slab shall be granular fill and concrete slabs shall be replaced with six-inch concrete. The city engineer will make the determination as to the extent of removal. Contractors must obtain an excavation permit from the Ballwin Department of Public Works for any work within the public right-of-way.

Curb and gutter replacement. This includes either removal at joints or saw cutting and removal of the section(s) of the concrete curb and gutter that must be removed to make the sewer lateral repair. This also includes disposal of all removed materials. All back fill under the curb and gutter shall be granular fill and curb and gutter shall be replaced to match the adjoining sections. The city engineer will make the determination as to the extent of the removal. Contractors must obtain an excavation permit from the Ballwin Department of Public Works for any work within the public right-of-way.

Concrete and asphalt overlay removal and replacement. This includes either removal at joints or saw cutting and removal of the section(s) of the concrete slab with its asphalt overlay that must be removed to make the sewer lateral repair. This also includes disposal of all removed materials. All back fill under the concrete slab and overlay shall be granular fill, concrete slabs shall be six-inch and overlays shall be a minimum of one-inch. The city engineer will make the determination as to the extent of removal. Contractors must obtain excavation permits from the Ballwin Department of Public Works for any work within the public right-of-way.

Asphalt driveway removal and replacement. This includes saw cutting and removal of the area of the asphalt driveway that must be removed to make the sewer lateral repair. This also includes the disposal of all removed materials. All back fill under the asphalt driveway repairs shall be granular fill, and asphalt paving shall be a minimum of four-inch. The city engineer will make the determination as to the extent of removal. Contractor must obtain excavation permits from the Ballwin Department of Public Works for any work within the public right-of-way.

Asphalt street removal and replacement. This includes either removal at joints or saw cutting and removal of the section of asphalt street pavement that must be removed to make the sewer lateral repair. This also includes disposal of all removed materials. All back fill under the asphalt pavement shall be granular fill, asphalt overlays shall match the existing or consist of six inches of base asphalt and two inches of finish asphalt. The city engineer will make the determination as to the extent of removal. Contractors must obtain excavation permits from the Ballwin Department of Public Works for any work within the public right-of-way.

(j)

The maximum amount available for repayment under this program for any sewer lateral repair shall be $3,000.00.

(k)

All applicants for participation in the sanitary sewer lateral repair program shall pay a user fee of $150.00, to be submitted with the application. If eligibility is denied, the user fee shall be returned to the applicant.

(Ord. No. 99-18, § 1, 3-22-99; Ord. No. 00-54, §§ 1, 2, 10-23-00; Ord. No. 05-15, § 1, 3-14-05; Ord. No. 10-38, § 1, 11-22-10; Ord. No. 15-07, § 1, 1-26-15; Ord. No. 17-09, §§ 1, 2, 3-27-17)