RESIDENTAL SEWER INFORMATION
SEWER BACKUP ISSUE REPORTING PROCESS
- Call the Village of Newberry (VON), 906-293-3433 during normal working hours or 906-291-0599 if after hours.
- VON crew will be dispatched to check the sewer mains
- VON will check mains for issues
- If VON issue it will be taken care of, and resident informed of the repair
- If not a VON issue the resident will be informed and resident is responsible for calling a private company for assistance
- Resident calls private company
- Customer will complete request for service work form and submits required documentation
- DPW Superintendent visits site and assess impact on VON property.
- Provides an estimate for returning VON property to “as is” status.
- Customer provides deposit payment for VON property restoration, if applicable
- VON provides official approval letter
- Work completed by customer/contractor
- VON completes final inspection of work completed to ensure Village property is returned to “as is” status.
Public Act 222: Sewer Backup Legislation
The State of Michigan passed Public Act 222 in 2001, which clarifies the conditions under which municipalities may be liable for a sewer backup. Public Act 222 sets standards to determine the extent to which a municipality could be liable for backups and establishes a process that affected persons must follow to seek compensation when back-ups occur. It is important to note that the Village is not responsible for private sewer lines (lines that run from the home up to and including the connection to the sewer main under the street). It's also important to note that each incident has its own unique set of circumstances, which may affect any type of claim settlement that may ensue.
Anyone making a claim for property damage or physical injury due to a sewer backup must prove that:
- the public sewer had a defect
- the governmental agency knew, or in the exercise of reasonable diligence, should have known about the defect.
- the governmental agency having the legal authority did not take the reasonable steps in a reasonable amount of time to repair, correct or remedy the defect.
- the defect was 50 percent or more of the cause of the event and property damage/physical injury.
- they own and have related the value of the damaged personal property
If you think you have met all five of these criteria and intend to make a claim, you must file a written claim with the Village of Newberry within 45 days of discovery of the backup. Claim forms are available upon request. Claims and all supporting documentation must be emailed to: firstname.lastname@example.org, or mailed or dropped off to:
The submitted claim must be received by the Village of Newberry within 45 days of discovery of the backup.