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| Joe Ingebrand |
From time to time we in loss control get questions as to how
a city can install a lateral sewer line check-valve in cooperation with a home
owner without increasing liability in future. Check valves have long been used
in communities where flooding is common, where sanitary sewer systems become
overwhelmed with storm water causing sewer back-ups. They are also a tool used
as a temporary fix for property’s with a history of sewer back-ups, or those
that are particularly vulnerable due to current infrastructure problems that are
years away from being replaced.
In order to reduce liability associated with ownership and
maintenance of sewer check valves, the city should consider the following:
-
Consult the city engineer for
location and installation guidance,
-
Use a written agreement between
the property owner and the city, and
- Work with the City Attorney to develop a policy and an agreement defining when, where, and how they can be used and who is responsible for them after installation.
MODEL POLICY
Sewer Backflow Check Valves
On occasion the City may purchase and install a sewer
backflow check valve (“check valve”) at certain properties for the purpose of
preventing sanitary sewer backups. In
general, this action will be reserved for properties that have had multiple
and/or severe sanitary sewer backups.
The City may recommend this action to a property owner or
the request for a check valve may come from a property owner. The determination of which properties qualify
for a City-provided check valve will be made by the City on a case-by-case
basis. Items to be considered include,
but are not limited to:
- The number and severity of sanitary sewer backups that have occurred at the property.
- The cause of the sewer back up and the location of any blockages.
- The type of building and contents of the building located on the property.
- Pending sanitary sewer system improvements that would improve service to the property.
- Sanitary sewer system improvements that have already taken place to improve service to the property.
- Before a check valve will be provided, both the City and the property owner must enter into an agreement regarding the purchase, installation and follow up care for a check valve.
The City may hire a contractor to carry out the installation
of a check valve.
The purchase and installation of a check valve for one
property does not entitle another property owner to the same service. Neither this policy nor the practice
described herein confers rights on another property owner.
The City will evaluate this policy and practice on an
ongoing basis and may discontinue the provision of check valves to property
owners at any time.
MODEL AGREEMENT
THIS AGREEMENT is made this _____ day of , 20___, by and between the City of ________________, a
Minnesota municipal corporation (the “City”) and ___________________________________________________, owner(s) of the property located
at __________________________________________ (the “Property Owner”)
(collectively referred to as the Parties”).
WHEREAS, one or more sanitary sewer backups have occurred at
this property; and
WHEREAS, the Parties want to take reasonable action to
prevent future sanitary sewer backups at this property; and
NOW, THEREFORE, in consideration of the promises contained
herein, the Parties hereby agree to the following:
SECTION I. DEFINITION
Sewer backflow check valve:
A valve that isolates the property’s plumbing from the public sanitary sewer
in the street. The check valve includes
a flapper that shuts when water level in the public sewer line is high enough
to flow back into the house.
3. If there is a cost to the Property Owner associated with the
purchase or installation of the check valve the details should be reflected
here:
4. The Property Owner is responsible for all maintenance,
inspection, repair, and replacement of the sewer backflow check valve following
installation.
5. The Property Owner understands that while a sewer backflow
check valve offers protection against sanitary sewer backups, it is not
foolproof. Even with a sewer backflow
check valve, sanitary sewer backups may sometimes occur.
6. This Agreement will be in effect for the time Property Owner
resides at the Property. The Property
Owner may not assign this Agreement to any subsequent owner of the Property.
7. Prior to installment of the sewer backflow check valve, this
Agreement may be terminated by either party by giving written notice to the
other party.
SECTION III.
INSURANCE AND LIABILITY
1. City’s Insurance. The
City shall maintain property and liability coverage with the League of
Minnesota Cities Insurance Trust under standard LMCIT liability coverage forms.
3. Liability of City. Provision
and installation of a sewer backup check valve at this Property is not an
admission of liability on the part of the City for any past or future sewer
backups.
4. Sewer Backup Claims.
Nothing in this agreement prevents the Property Owner from filing future
claims with the City in the event of a sanitary sewer backup.
SECTION IV. GENERAL
PROVISIONS
1. Entire Agreement.
This Agreement supersedes any prior or contemporaneous representations
or agreements, whether written or oral, between the Parties and contains the
entire agreement.
2. Amendments. Any modification or amendment to this
Agreement shall require a written agreement signed by both Parties.
IN WITNESS WHEREOF, the Parties caused this Agreement to be
approved.
CITY OF _______________, MINNESOTA PROPERTY OWNER(S)
BY: __________________ BY: _________________
Its Mayor
Its City Clerk
