CHAPTER 1
GENERAL

Section 3101. (previously 3001). District Authority.

The authority of the District is granted under the provisions of Division 6, Part 1, of the Health and Safety Code of the State of California and regulations of the Castro Valley Sanitary District.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3102. (previously 3002). Introduction.

These General Provisions and Specifications for the construction of sanitary sewers shall govern all work and the requirements of construction within the jurisdiction of the Castro Valley Sanitary District. The jurisdiction of the Sanitary District includes the entire wastewater collection system and its appurtenances from the point of connection with the building to the terminus of the outfall sewer main at the treatment plant.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3103. (previously 3003). Definitions.

(a)    District: The Castro Valley Sanitary District (may also be called CVSan), District personnel and/or its authorized representatives.

(b)    The Board of Directors of the Castro Valley Sanitary District: The governing body of the District.

(c)    District Engineer: The District Engineer shall be a Civil Engineer licensed by the State of California and appointed by the District Board to represent the District.

(d)    Engineer: The Engineer, licensed by the State of California, as a Civil Engineer, under whose direction plans, specifications, profiles, and details are submitted to the District for review and approval.

(e)    General Manager: The Manager of the Castro Valley Sanitary District.

(f)    Inspector: The Inspector is the District personnel and/or representative duly authorized by the District and responsible for inspections and enforcement of the District regulations relating to construction of private and public sewers, including private pipelines, structure, materials, instruments, and appurtenances.

(g)    Contractor: Any individual, partnership, firm, operator, corporation, or other persons licensed by the State of California to enter into an agreement with the District, Operator or other person to perform or execute the contemplated work.

(h)    Subcontractor: Any contractor licensed by the State of California, to enter into contracts for and to perform work of installing sewers under District jurisdiction.

(i)    State: The State of California.

(j)    County: The County of Alameda, State of California, and the office of the County Surveyor acting within the scope of its authority.

(k)    Plans: The official plans, profiles and drawings, or reproductions thereof, approved by the District Board, which show the location, character, dimensions, and details of work to be done and which constitute a supplement to these provisions.

(l)    District Personnel: Anyone engaged by the District as a volunteer, intern, part-time, temporary, long-term temporary or full time District personnel.

(m)    Main Sewer: A sewer which has been constructed to accommodate more than one building sewer and which has been approved by the District.

(n)    Building Sewer: Also known as the sewer lateral, is the part of the sewer, beginning at the junction with the building plumbing system, being a point two feet from the foundation wall of the building served, or at the location of the clean-out, and extending to and including the connection to the main sewer.

(o)    Operator: means any person, corporation, partnership, business trust, public agency, or other entity other than the Castro Valley Sanitary District which owns, operates, constructs, repairs, or maintains a subsurface installation, also known as the sewer lateral. It is subject to inspection and approval by the District and when so approved, becomes the maintenance responsibility of the property owner.

(p)    District Website: means www.cvsan.org.

(q)    Authorized District Representative: Anyone engaged in District business that is or has been authorized by the General Manager or other designated supervisor to make decisions or determinations regarding official District business on behalf of the District.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 128, 04-01-01)

(Amended §1, Ord. 133, 01-07-03)

(Amended §1, Ord. 150, 01-07-09)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 167, 10-13-15)

(Amended, §1, Ord. 169, 05-03-16)

Section 3104. (previously 3004). Inspection.

All work done under these provisions shall be subject to rigid inspection and shall be performed to the satisfaction of the District. Proper facilities for safe access for inspection of all parts of the work shall be maintained at all times. The District Inspection Staff shall be notified at least 24 hours prior to inspection to do all work. The inspection or acceptance of the work shall not relieve the contractor of his obligation to do all work in accordance with the plans and specifications.

The General Manager or any other duly authorized District representative, upon the presentation of proper credentials, shall be permitted to enter into residential, commercial, institutional and industrial facilities for the purposes of inspecting, maintaining, observing, measuring, sampling, testing or otherwise performing the necessary duties pursuant to the enforcement of the provisions of District ordinances, rules and regulations.

It is also to be understood that the decisions of the District shall be final and binding on all persons. Any work performed by the contractor in the absence of necessary permits, inspection, or approval shall be removed, at the owner’s expense, if so ordered by the District or its authorized representative.

A fee for all inspection requested outside the normal working hours or days Monday through Friday, 7:00 a.m. to 4:00 p.m., of the Inspector shall be charged as follows: the Inspector’s hourly rate of pay in effect at that time shall be doubled; such double-time rate shall then be multiplied by a minimum chargeable time of two hours. The resultant minimum fee shall be paid to the District before such overtime inspection shall be authorized. In the event the Inspector is required to stay on the job more than two hours, the double-time rate shall be paid for each hour thereafter; portions of hours shall be charged as a full hour.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 52, 08-05-75)

(Amended, §8, Ord. 60, 11-06-78)

(Amended, §1, Ord. 133, 01-07-03)

(Amended, §1, Ord. 138, 07-01-05)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3105. (previously 3005). Climatic Conditions.

An authorized District representative may order the contractor to suspend any work that may be subject to damage or inferior workmanship due to climatic conditions.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3106. (previously 3006). Final Guarantee.

The contractor shall be held responsible for and must make good any defects, because of faulty, improper, or inferior workmanship or materials, arising or discovered in any part of his work within one year after the completion and acceptance of the same. The one-year warranty shall be in addition to and not in limitation of any guarantee of marketability of warranty/guarantee required by law.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3107. (previously 3007). Competent Workers.

Competent workers shall be employed. When required, the General Manager or the contractor shall dismiss any worker who in the opinion of the General Manager or the contractor is disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. Such discharge shall not be the basis of any claim for compensation or damages against the District or any of its officers or representatives. Nothing contained in this paragraph shall be construed to shift the responsibility for supervision of an employee of the contractor or any subcontractor from the contractor of subcontractor to the District or require the District to take any action with regard to any employee of the contractor or subcontractor.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3108. (previously 3008). Violations and Penalties.

Any violation of the provisions of these general provisions in part or in total shall entitle the District and shall establish the right of the District to pursue any of the following remedies:

(a)    To enforce the penalties as set forth in the Health and Safety Code of California, Division 6, Part 1, Chapter 4, Section 6523;

(b)    To enforce any of the penalty provisions contained in Section 1200 of this Code;

(c)    To refuse to accept the work;

(d)    To forfeit contractor’s cash deposit with the District in part or in total.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §3, Ord. 56, 04-05-77)

(Amended, §1, Ord. 133, 01-07-03)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3109. (previously 3009). Authorized Alterations.

All authorized alterations affecting the requirements and information given on the approved construction drawings shall be in writing. No change shall be made to any plan or drawing after the same has been approved by the District except by direction of the District. All construction drawings submitted to the District shall contain the standard signature block as shown in Standard Drawing No. 19 for District signature.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

Section 3110. (previously 3095). Standard Specifications.

These general provisions shall comprise the standard specifications of the Castro Valley Sanitary District. Additional provisions are provided in the Castro Valley Standard Drawings which are hereby incorporated into this Code by reference. These provisions may be supplemented by such additional provisions or specifications as the Board may from time to time deem necessary to regulate any condition or circumstance not covered by this Article. All additional provisions shall supersede these general provisions.

(Added, §1, Ord. 35, 04-06-59)

(Amended §2, Ord. 126, 02-01-00)

(Amended, §1, Ord. 133, 01-07-03)

(Amended, §1, Ord. 150, 07-01-09)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

(Amended, §1, Ord. 184, 04-07-20)

Section 3111. (previously 3096). Supplemental Provisions.

These general provisions may be attached to and made a part of any supplementary provisions which first shall have been approved by the District Board.

(Added, §1, Ord. 35, 04-06-59)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)