Who is responsible for the sewer lateral in each East Bay city?
Reviewed by East Bay Sewer Inspection staff
Quick answer: In Oakland, Piedmont, Emeryville, El Cerrito, Kensington and Richmond Annex, the owner is responsible for the whole private sewer lateral, from the house to the public sewer main under the street (upper and lower lateral). In Alameda and Albany, the owner's responsibility for the EBMUD certificate ends at the property line or curbside cleanout (upper lateral only). Berkeley runs its own program.
A private sewer lateral (PSL) is the pipe that carries wastewater from your house to the public sewer main. The part on your lot, from the building to the property line or curbside cleanout, is the upper lateral. The part from there to the main, usually under the sidewalk and street, is the lower lateral. EBMUD's FAQ says the property owner is responsible for the entire PSL from the home to the public main, except in Alameda and Albany (Regional PSL FAQ).
Which part of the lateral do I have to certify in my city?
| Area | Program | Applies to escrows and permits opened on or after | What the owner must certify | Local code that requires upkeep | Permit contact |
|---|---|---|---|---|---|
| Oakland | EBMUD Regional PSL | January 16, 2012 | Upper and lower lateral, to the public main | Oakland Municipal Code 13.08.120 | City of Oakland, (510) 238-3891 |
| Alameda | EBMUD Regional PSL | January 1, 2015 | Upper lateral only (to the property line or curbside cleanout) | Alameda Municipal Code Ch. 18, §5.3 | City of Alameda, (510) 747-7930 |
| Albany | EBMUD Regional PSL | January 1, 2015 | Upper lateral only (to the property line or curbside cleanout) | Albany Municipal Code Ch. 15, §15-1.22 | City of Albany, (510) 528-5760 |
| Emeryville | EBMUD Regional PSL | August 22, 2011 | Upper and lower lateral, to the public main | Emeryville Municipal Code Title 7, Ch. 8, §7-8.206 | City of Emeryville, (510) 596-4304 |
| Piedmont | EBMUD Regional PSL | August 22, 2011 | Upper and lower lateral, to the public main | Piedmont Municipal Code Ch. 5, §5.47 | City of Piedmont, (510) 420-3050 |
| El Cerrito, Kensington, Richmond Annex | EBMUD Regional PSL (Stege Sanitary District area) | October 17, 2011 | Upper and lower lateral, to the public main | Stege Sanitary District Code Ch. 4, §4.4 | Stege Sanitary District, (510) 524-4668 |
| Berkeley | City of Berkeley program (not EBMUD) | See the city | The city describes the PSL as typically running from the sidewalk curb to the building | Berkeley Municipal Code 17.24.030, 17.24.170 and 17.24.080 | City PSL program, [email protected] |
Start dates, responsibility and the code sections come from the Regional PSL FAQ and Why Should I Fix My PSL?. Phone numbers come from the Regional PSL contacts page. Berkeley details come from the City of Berkeley PSL page.
Am I responsible even if I'm not selling?
Yes. Every city and the Stege Sanitary District has a local code that requires owners to maintain their laterals (listed above). EBMUD says leaving a defective lateral unaddressed violates those ordinances and could lead to enforcement by your city or district (Why Should I Fix My PSL?). The EBMUD certificate itself is only required when a trigger applies: a sale, a remodel over $100,000, or a water meter size change. You can still get one voluntarily. See checking a home's certificate.
Who pays when a house is sold: buyer or seller?
EBMUD leaves that to the parties: "The buyer and seller will negotiate who will obtain the Compliance Certificate" (Buying or Selling a Property). If the certificate isn't done by closing and a Time Extension Certificate is used, the new owner becomes solely responsible once title transfers. In Berkeley, the code makes both seller and buyer responsible. The seller must disclose the requirements and compliance status, and the buyer is responsible after transfer regardless of disclosure (BMC 17.24.080).
What about co-owners and tenancies in common?
The ordinance calls co-owners (tenants in common, joint tenants, community property) "cotenants". Each one is fully responsible for the others' compliance. If one cotenant sells or remodels their share and triggers the rule, every owner is held responsible, though they can split the cost by agreement (Regional PSL FAQ). Condos and HOAs follow different rules: see buying or selling a condo.
Do I need a city permit to work on my lateral?
Usually yes. EBMUD says cities and counties require building or sewer permits before any PSL work starts. In Emeryville, the permit step is required even if the lateral passes without repair or replacement (Buying or Selling a Property). Call the permit contact in the table above before work begins.
Frequently asked questions
Who owns the sewer lateral under the sidewalk in Oakland?
The property owner. In Oakland the owner is responsible for the whole private sewer lateral, from the house to the public sewer main (upper and lower lateral).
Do I have to certify the lower lateral in Alameda or Albany?
No. For the EBMUD certificate, responsibility in Alameda and Albany ends at the property line or curbside cleanout (upper lateral only).
Does Berkeley follow the EBMUD rules?
No. Berkeley runs its own private sewer lateral program under Berkeley Municipal Code Chapter 17.24.
How the EBMUD program works · City rules · Fees and costs · Contractors on EBMUD's list · All guides
Sources
- Regional PSL Program FAQ (eastbaypsl.com)
- Why Should I Fix My PSL? (municipal codes) (eastbaypsl.com)
- Regional PSL contacts (eastbaypsl.com)
- Buying or Selling a Property (eastbaypsl.com)
- City of Berkeley: Private Sewer Lateral (berkeleyca.gov)