Sewage Issues

Sewage Issues

Hello fellow citizens of Iron Mountain. Since we have an issue involving sewage being pumped into a residents house I decided to research the subject and dedicate a page to this item. From my discussion with many residents, I feel this is becoming a often occurrence and we need to educate ourselves in order deal with our City leaders.

The City of Iron Mountain is immune under Michigan Public Act 222.

Michigan Public Act 222

(2) A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system unless the overflow or backup is a sewage disposal system event and the governmental agency is an appropriate governmental agency. Sections 16 to 19 abrogate common law exceptions, if any, to immunity for the overflow or backup of a sewage disposal system and provide the sole remedy for obtaining any form of relief for damages or physical injuries caused by a sewage disposal system event regardless of the legal theory.

(j) “Sewage disposal system” means all interceptor sewers, storm sewers, sanitary sewers, combined sanitary and storm sewers, sewage treatment plants, and all other plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, and disposal of sewage and industrial wastes, and includes a storm water drain system under the jurisdiction and control of a governmental agency.

(k) “Sewage disposal system event” or “event” means the overflow or backup of a sewage disposal system onto real property. An overflow or backup is not a sewage disposal system event if any of the following was a substantial proximate cause of the overflow or backup:
(i) An obstruction in a service lead that was not caused by a governmental agency.
(ii) A connection to the sewage disposal system on the affected property, including, but not limited to, a sump system, building drain, surface drain, gutter, or downspout.
(iii) An act of war, whether the war is declared or undeclared, or an act of terrorism.
(l) “Substantial proximate cause” means a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.

In order for the City to be responsible the person stating the claim he or she must prove the following:

(3) If a claimant, including a claimant seeking non-economic damages, believes that an event caused property damage or physical injury, the claimant may seek compensation for the property damage or physical injury from a governmental agency if the claimant shows that all of the following existed at the time of the event:
(a) The governmental agency was an appropriate governmental agency.
(b) The sewage disposal system had a defect.
(c) The governmental agency knew, or in the exercise of reasonable diligence should have known, about the defect.
(d) The governmental agency, having the legal authority to do so, failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect.
(e) The defect was a substantial proximate cause of the event and the property damage or physical injury.

The problem here is that some city employees went to clear a city main of some type of obstruction. They use a 2500 psi water operated cutter to clear the line. If they do not clear the main line of the sewage first and then place the cutter in the line, as the hydro-cutter is advance down the pipe the sewage has no place to go but into someone's house.

This is a training and operational deficiency in the Cities maintenance program.

It is time that this issue be dealt with. If this has happened to you or you know of anyone who has had this happen too, please have them email the Forum Page.