Sewer backups can be a challenging and expensive problem for individual property owners or for municipalities, depending on who has responsibility for them. Communicating about backups with property owners is a key part of navigating the issue successfully.
Determining who is liable for the cleanup and repairs means determining where the backup originated — potentially inside the city-ownedsewer main, or in the sewer connection between the city’s sewer main and the building, which falls under the property owner’s responsibility.
A court will likely hold a city liable for damages in a case where its actions are believed to have caused the backup. For example, if publicworks staff used excess water pressure when cleaning a sewage line, a court could find that this action backed sewage up into a home, or if workers incorrectly installed the city’s lines in a way that clogged them. Other cases where the city is likely liable are those when it had notice that a problem existed, but did not correct it.
Proactive communication
Preventing sewer clogs is always preferable to resolving ones that have already happened, and proactive communication covering the causes of backups can help with this. This can be regularly distributed educational material, aimed at residents and businesses alike that explains how sewer users should keep items that can clog systems — especially cooking grease — out of their drains.
Many cities and towns in South Carolina maintain programs regulating commercial restaurants’ discharge of fats, oils and greases, commonly known as FOGs, and maintain a section on their website explaining the aspects of the program:
- The ordinances establishing the regulations and their requirements, such as FOG traps and inspections
- Application documents for commercial connections to the sewer system with grease interceptors or grease traps
- Information on local grease recycling companies
Communicating about a backup
When sewage has backed up into a property, what city staff say as they address the issue can determine whether a backup leads to a lawsuit. Depending on how the issue is discussed, city staff could risk accepting fault incorrectly.
Public works employees need to be familiar with the city’s recovery policies and procedures, and be able to answer questions about what steps the city will take after a problem. However, they should avoid premature discussions about who has liability in a particular case, since an insurance claims adjuster needs to investigate who has liability.
A good approach is for officials to encourage a property owner to work with a disaster restoration company, and indicate that the city’s insurance provider will investigate the claim. The city should not become involved in any aspect of the aftermath if the homeowner will not sign a non-waiver-of-defenses agreement. This puts in writing that the homeowner acknowledges any city assistance does not mean the city is admitting liability for the incident.
Maintenance and documentation
Regular maintenance and inspections of a sewer system can not only reduce the likelihood of backups occurring in the first place, they can help the city be able to explain the steps it regularly takes when a backup has occurred, and reduce its legal risks. A formal written plan can help with this, addressing a schedule for inspections, cleanings and repairs, as well as how complaints are documented.
For more information on managing sewer backups, contact Municipal Association of SC Risk Management Services loss control staff at losscontrol@masc.sc.