Sewer Backup Policy
The City is responsible for maintaining sewer mains, manholes, pump stations and force mains that are in City rights-of-way and easements and on City property. Maintenance of sewer service lines from the City-owned system to the property owner's structure is the responsibility of the property owner. The Clarksville Gas and Water Department expends significant resources, through an extensive preventive maintenance program, to keep the sewer system in a good state of repair. Occasionally, however, forces of nature or conditions develop within the system that may cause sewage to backup into a residence or business which are beyond the City's control and which are not incidents in which the City bears responsibility or legal liability.
For the purpose of this Policy the term "sanitary sewer backup" or "sewer backup" means any backup of sewage from the City owned and maintained sanitary sewer or sewer force main system. It does not include storm water backups.
The City shall not be responsible or assume any liability or responsibility for any direct or indirect damages or costs associated with sewage blockage or backup onto private property unless such back up and resulting damage is a result of negligence on the part of the Clarksville Gas and Water Department. It shall be the responsibility of the party claiming such damages to show negligence on the part of the Clarksville Gas and Water Department. Any such claims for damages must be submitted in writing, including proof of negligence on the part of the Clarksville Gas and Water Department, to the Public Utility Committee.
Should the Committee determine the damage is a result of negligence on the part of the Clarksville Gas and Water Department the claim shall be forwarded to the City's Risk Manager. All claims must be filed within 30 days of the incident. It is recommended that all private property owners obtain home, renters or commercial insurance that covers sewage blockage or backups.
The Clarksville Gas and Water Department will take the necessary action as directed in the SSORP to relieve the sewer overflow if it is coming from the City own main. The City will attempt to make a determination as to the location of the blockage and/or the cause of the backup. Where the backup occurred as a result of work being done by the property owner on or blockage within the sewer main or service line, the property owner will be notified of the suspected cause of the backup and advised to call for professional assistance, if so desired.
Immediately following response to a sewer backup call, City representatives will make a full report of the call.