Questions and Answers Regarding Sewer Backups

Yes. There are two different sewer systems in Delta Township – (1) sanitary sewer system and (2) storm sewer or drain system.

1. SANITARY SEWERS are used to carry the wastewater or sewage from your home or business to the wastewater treatment plant.
2. STORM SEWERS or storm drains carry rainwater from the yards and streets directly to the river.

NO. Delta Township only owns the sanitary sewer system. The storm sewer system is owned almost entirely by the County Drain Commissioner or County Road Commission. 

Yes. Act 222 of the Public Acts of 2001 effective January 2, 2002, addresses the requirements whereby a governmental agency may be held liable for the overflow or backup resulting from a sewage disposal system event.

A sewage disposal system event, also called an “Event,” is the overflow or backup of a government-owned sewage disposal system onto real property.

Yes. It would not be considered a sewage disposal system event if 50 percent or more of the cause of the problem is in the homeowner’s system. An “Event” has not occurred if any of the following were 50 percent or more of the cause of the overflow or backup:

1. An obstruction in the homeowner’s service lead that was not caused by a governmental agency.
2. A connection to the homeowner’s system on the affected property including but not limited to a sump pump system, building drain, surface drain, gutter, or downspouts.
3. Act of War or Act of Terrorism.

The service lead connects your building to the main sanitary sewer and is not owned or maintained by Delta Township. It could run into easements or the street and is still owned and maintained by the property owner, not Delta.

Yes. If the problem is in your system, an Event did not occur, so there is no claim against Delta Township.

Yes. Act 222 covers sanitary and storm sewers.

No. You must file a claim with the “appropriate governmental agency” that owns or operates the system at the time of the Event. Delta Township does not own the storm sewer system.

Yes. You may seek compensation for property damages or physical injury by showing that ALL the following existed at the time of the event:

1. Delta Township was the appropriate governmental agency.
2. The sewage disposal system owned by Delta had a defect.
3. That Delta knew, or in the exercise of reasonable diligence should have known, about the defect.
4. That Delta failed to remedy the defect in a reasonable time.
5. The defect was 50 percent or more of the cause of the event that resulted in property damage or physical injury.
6. Proof of ownership and value of the damaged personal property.
7. Compliance with the notice requirements.

Physical injury is defined as one of the following:
1.   Death
2.   Serious impairment of a body function
3.   Permanent serious disfigurement

You must notify Delta Township in writing of a claim within 45 days of when you discovered the damages or in the exercise of reasonable diligence should have been discovered.

Notify the Township’s Accounting Office at 517.323.8510. They will take your name, address, etc. and mail you a claim form to fill out and return.

Yes. An investigator will look at the scene and gather information about the backup and damages. The investigator is not a Delta Township employee. The investigator will work for the insurance carrier. 

No. The owner or occupant of an affected property shall not unreasonably refuse to allow a governmental agency subject to a claim to inspect damaged property.