8. Sewer Service

Section 230.6 defines "sewer system corporation" to mean "every corporation or person owning, controlling, operating, or managing any sewer system for compensation" within California. However, the definition of "sewer system" in § 230.5 specifically excludes CPUC-regulation of sewer facilities on the property of a single owner. That statute provides:

Sewer system" includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate sewage collection, treatment, or disposition for sanitary or drainage purposes, including any and all lateral and connecting sewers, interceptors, trunk and outfall lines and sanitary sewage treatment or disposal plants or works, and any and all drains, conduits, and outlets for surface or storm waters, and any and all other works, property or structures necessary or convenient for the collection or disposal of sewage, industrial waste, or surface or storm waters. "Sewer system" shall not include a sewer system which merely collects sewage on the property of a single owner. (§ 230.5, emphasis added.)

Therefore, we agree with GSMOL that the jurisdictional conclusion we must draw is that where a MHP is owned by a single owner, in-park sewer facilities are not subject to regulation by the CPUC. The same conclusion would apply to multi-unit apartment sewer systems, where a single individual or entity owns the apartments. That is the clear impact of existing law.

In all other situations -- where the MHP or multi-unit apartment is owned by more than one person or entity -- the dedication doctrine must influence our interpretation of § 230.5. Absent establishment of the fact of dedication, these sewer services cannot be deemed public utilities subject to our jurisdiction. Non public utility sewer charge and services disputes must be resolved elsewhere, by local rent control boards or the civil courts, for example.