Macintosh HD:Users:davidpatzer1:Business Files:CSRMA Files:CSRMA Sewer Backup P&P:CSRMA Sewer Backup P&P - Final BoD Approved 0807:Sewer Back-up P&P FINAL.doc Page 1 of 1 CSRMA POLICY & PROCEDURE MEMORANDUM # 9-L Subject: RESIDENTIAL SEWER BACKUP RESPONSE AND CLAIMS HANDLING Effective: August 17, 2007 PURPOSE This Policy and Procedure (Policy) is intended to provide protocols for Members of the Pooled Liability Program (Program) that operate sanitary sewer collection systems. Its purpose is to assist Members Agencies to respond effectively to residential sewer backup incidents, properly perform their responsibilities in the resolution of any resultant claims, and to minimize the cost of any claim. POLICY Sewer backups into homes and businesses are one of CSRMA’s greatest general liability exposures. Effective risk management following a sewer backup event requires preplanning and coordinated efforts between the: • Member Field Staff • Member Administrative Staff (referred hereafter to as the Members’ “Claims Management Coordinator”) • Emergency Restoration Services Contractor (or other construction, and/or restoration management service providers) • CSRMA Claims Administrator (Carl Warren & Company) Sewer backups will occur occasionally; this Policy has been enacted to facilitate preplanning and a coordinated response between the Member, any outside contractors and the CSRMA Claims Administrator. Each party has a specific role to play, and the failure of any party to carry out their responsibilities can negatively affect the resolution of an incident or claim. It is the intention of CSRMA, through this Policy (and other Member agreements) to assist Members to handle claims effectively and to contain costs.
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Macintosh HD:Users:davidpatzer1:Business Files:CSRMA Files:CSRMA Sewer Backup P&P:CSRMA Sewer Backup P&P - Final
BoD Approved 0807:Sewer Back-up P&P FINAL.doc
Page 1 of 1
CSRMA
POLICY & PROCEDURE
MEMORANDUM # 9-L
Subject: RESIDENTIAL SEWER BACKUP RESPONSE AND CLAIMS
HANDLING
Effective: August 17, 2007
PURPOSE
This Policy and Procedure (Policy) is intended to provide protocols for Members of the
Pooled Liability Program (Program) that operate sanitary sewer collection systems. Its
purpose is to assist Members Agencies to respond effectively to residential sewer backup
incidents, properly perform their responsibilities in the resolution of any resultant claims,
and to minimize the cost of any claim.
POLICY
Sewer backups into homes and businesses are one of CSRMA’s greatest general liability
exposures. Effective risk management following a sewer backup event requires
preplanning and coordinated efforts between the:
• Member Field Staff
• Member Administrative Staff (referred hereafter to as the Members’ “Claims
Management Coordinator”)
• Emergency Restoration Services Contractor (or other construction, and/or
We recognize that sewer back flow incidents can be stressful and require immediate response when all
facts concerning how an incident occurred are unknown. Rest assured that we do all we can to prevent this
type of event from occurring. Nevertheless, occasionally tree roots or other debris in the sewer lines can
cause a backup into homes immediately upstream of the blockage. At this time the <INSERT AGENCY
NAME HERE> is investigating the cause of this incident.
If the < INSERT AGENCY NAME HERE > is found to be responsible for the incident, we are committed to
cleaning and restoring your property, and to protecting the health of those affected during the remediation
process.
The cleaning contractor provided by the < INSERT AGENCY NAME HERE > has been selected because of
their adherence to established protocols that are designed to assure all parties thorough, cost-effective and
expeditious cleaning services. < INSERT AGENCY NAME HERE > will pay this cleanup contractor’s fee.
You also have the right to select your own cleaning contractor, but < INSERT AGENCY NAME HERE >
does not guarantee payment of these expenses and reserves the right to refuse or dispute any fees that are
not usual and customary.
The company assigned to manage the necessary cleaning and restoration process is ______, and you can
reach them directly at _______. It is possible however that other contractors may be involved in any
needed restoration service. Carl Warren and Company, noted below, has the final responsibility for
processing any claims for damages that are submitted.
If you wish to discuss this matter, or submit a claim for damages, please contact either of the following:
INSERT AGENCY POINT OF CONTACT HERE – PHONE – BUSINESS HOURS
Carl Warren and Company (Claims Administrator) : 888.542.8001
******************************************************************************************* What you need to do now:
< INSERT AGENCY NAME HERE > has prepared this brief set of instructions to help you minimize the
impact of the loss by responding promptly to the situation. Do not attempt to clean the area yourself, let the cleaning and restoration company assigned
handle this. Keep people and pets away from the affected area(s).
Do not remove items from the area – the cleaning and restoration company will handle this.
If you had recent plumbing work, contact your plumber or contractor and inform them of this incident.
If you intend to file a claim, do so as soon as practical –The California Government Code,
Sections 900 - 960, requires the filing of a written claim and outlines specific time lines and
notice procedures that must be used in order to have a claim considered.
******************************************************************************************* I/We acknowledge receipt of this letter.
What is a Sewage Spill?Sewage spills occur when the wastewater being transported via underground pipes overflows through a manhole,
cleanout, or broken pipe. Sewage spills can cause health hazards, damage to homes and businesses, & threaten the
environment, local waterways, & beaches.
Common Causes of Sewage Spills:Grease builds up inside, and can eventually block sewer pipes. Grease gets into the sewer from food
establishments, household drains, as well as from poorly maintained commercial grease traps & interceptors.
Tree roots enter through broken/cracked lines and eventually block sewer pipes. Planting of trees and
shrubbery over sewer lines should be avoided as this increases the likelihood of root intrusion leading to
blockage problems.
Structure problems caused by deteriorating sewer pipes, broken/cracked pipes, missing or broken cleanout
caps, or undersized sewers can cause blockages.
Infiltration & inflow (I/I) impacts pipe capacity and is caused when groundwater or rainwater enters the sewer
system through pipe defects & illegal connections.
CAUTION! When trying to locate a sewer problem, never open manholes or other sewer structures. Due topotential life-threatening hazards, only public entity personnel are allowed open & inspect these structures.
Who’s Responsible for Sewer Repairs and Maintenance?Each home or commercial building has a separate connection to the public sanitary sewer main called a sewer lateral.
It is the property owner’s responsibility to maintain & repair their own sewer lateral from the house to the point of
connection with the public sanitary sewer line.
You Are Responsible for a Sewage Spill Caused by a Blockage or Break in Your Sewer Lines!Time is of the essence in dealing with sewage spills. You are required to immediately:
Control & minimize the spill. Keep spills contained on private property & out of gutters, storm drains, & public
waterways by shutting off or not using the water.
Use sandbags, dirt and/or plastic sheeting to prevent sewage from entering the storm drain system.
It is recommended that a plumbing professional be called for clearing blockages & making necessary repairs.
Plumbing contractors are listed in the yellow pages under “Plumbing Drain & Sewer Cleaning” or Sewer
Contractors”. If you hire a contractor, it’s recommended that you get estimates from more than one company.
Always notify your public sewer district of sewage spills. If the spill enters the storm drain also notify the Health
Care Agency. In addition, if it exceeds 1,000 gallons notify the Governor’s Office of Emergency Services. Refer
to the numbers listed on back of this page.
You Could Be Liable for Not Protecting the Environment!Allowing sewage from your home, business or property to discharge to a gutter or storm drain may subject you to
penalties &/or out-of-pocket costs to reimburse cities or public agencies for clean-up and enforcement efforts.
Local & state agencies have legal jurisdiction & enforcement authority to ensure that sewage spills are
remedied.
They may respond & assist with containment, relieving pipe blockages, and/or clean-up of the sewage spill,
especially if the spill is flowing into storm drains or onto public property.
A property owner may be charged for costs incurred by agencies responding to spills from private properties.
What to Look For:Sewage spills can be a very noticeable gushing of water from a manhole or a slow water leak that may take time to be
Wet ground & water leaking around manhole lids onto your street.
Leaking water from cleanouts or outside drains
Unusual odorous wet areas: sidewalks, external walls, ground/landscape around a building.
Caution!Keep people and pets away from the affected area. Untreated sewage has high levels of bacteria and may contain
disease carrying viruses. Always be sure to wear gloves whenever working around raw sewage & to wash your hands
when done.
Sewer Spill Reference Guide:
Your Responsibility as a Private Property Owner
Sewage spills can cause damage to the environment –
Help prevent them!
Sample Attachment E – Page 1
How a Sewer System WorksA property owner's sewer pipes are called service laterals & are connected to larger local main and regional trunk
lines. Service laterals run from the connection at the home to the connection with the public sewer (including the area
under the street). These laterals are the responsibility of the property owner & must be maintained by the property
owner.
Sewer Spill Reference Guide:
Your Responsibility as a Private Property Owner
Operation & maintenance of local & regional sewer lines are the responsibility of the Sewer Agency
<INSERT AGENCY NAME> ResponsibilitiesProtecting property & streets, the local storm drain system, sewage collection system & other public areas.
Collecting, treating, & disposing of wastewater.
<INSERT AGENCY NAME>:<INSERT AGENCY CONTACT INFO> (M-Th 8-5; F 8-4) & <INSERT AGENCY AFTER HOURS CONTACT INFO> (all otherhours)
<INSERT LOCAL POLLUTION PREVENTION PROGRAM NAME AND CONTACT INFO>:California Health and Safety Code, Sections 5410-5416 requires:
No person shall discharge raw or treated sewage or other waste in a manner that results in contamination, pollution, or a
nuisance.
Any person who causes or permits a sewage discharge to any state waters:
Must immediately notify the local health agency of the discharge.
Shall reimburse the local health agency for services that protect the public’s health & safety.
Who fails to provide the required notice to the local health agency is guilty of a misdemeanor & shall be punished
by a fine (between $500–$1,000) and/or imprisonment for less than one year.
Regional Water Quality Control Board: <INSERT CONTACT INFO>Requires the prevention, mitigation, response to and reporting of sewage spills.
California Office of Emergency Services: (800) 852-7550California Water Code, Article 4, Chapter 4, Sections 13268-13271 & California Code of Regulations, Title 23, Division 3,
If your firm is placed on our callout list, we will require that you submit a Certificate of Insurance naming
<Insert Name> as the additional insured. Is this acceptable: [ ] Yes [ ] No
I Certify the Above is True and Correct:
____________________________________ ____________
NAME DATE
Sample Attachment F – Page 1
CSRMA Water Damage Restoration Firm Screening Tool
INSTRUCTIONS TO AGENCY
CSRMA recommends that your Agency not contract with any water damage restoration firm that:
Does not have general liability coverage with at least $1,000,000 limits
Does not have an average response time less than 1 hour
Does not have Workers’ Compensation coverage
Has been in business for less than 1 year
Has fewer than 2 field service vehicles
Has not provided mold remediation training to its staff in the last 2 years
Does not identify a recognized or industry accepted protocol for remediating water damage (i.e
IICRC S500, New York City Guidelines, other)
Cannot provide 3 references that have used their services in the last year
Cannot provide your Agency with a Certificate of Insurance naming your Agency as an additional
insured and otherwise complying with CSRMA’s “Insurance Requirements in Contracts” manual.
Sample Attachment F – Page 2
June 2004
CSRMA Risk Control RECOMMENDED SEWER USE ORDINANCE CONSIDERATIONS
CSRMA recommends that your Agency review the following and compare against your existing Sewer Use Ordinance requirements:
A. A Backflow Prevention Device shall be required when:
1. All new construction and side sewer replacements shall be equipped with a cleanout riser equipped with a backflow prevention device (BPD)
2. Where existing buildings have plumbing drain outlets at an elevation that is 12” or less above the ground surface of the next upstream manhole, the property owner shall have and maintain a BPD
3. Change of property title 4. Issuance of all building permits, residential building reports, revocable licenses, and other building-related
permits 5. On remodels where plumbing fixtures are added to the property, and/or more than twenty-five percent of
the structure area is being remodeled 6. When any replacement or repair is made to the sanitary sewer lateral 7. When property has been damaged by the blockage of the city sanitary sewer main or lateral 8. On all structures where a pump is used to lift sewage to the sanitary sewer lateral and city sanitary sewer
main. The backflow relief device shall be located to protect the structure from damage in the event the pump is pumping against a closed backflow prevention device
9. Buildings where the elevation of any floor is at or below the invert of the city sanitary sewer main, or where a condition exist where a plug in the city sanitary sewer main will cause the hydraulic grade line to rise above the lowest floor level.
B. The responsibility for the operation and maintenance of the building side sewer and its fittings/devices is the property owner’s
C. Failure of the owner to install a backflow prevention device for or as a result of any of the above conditions shall
relieve the District of any and all responsibilities for any and all subsequent damage caused by sanitary sewer flooding.
D. Property owners are responsible for proper installation and maintenance of building and lateral sewers and
cleanouts, and for obtaining the necessary construction and encroachment permits. E. Property owners are responsible for keeping the 3’ radius of the cleanout area clear of vegetation or any
obstruction for visibility and easy access.
For Sample Ordinance Language or Sample Ordinances,
Please Contact David Patzer, CSRMA Risk Control Advisor
SAMPLE HOTEL SELECTION FORMINSTRUCTIONS TO EMPLOYEE:1. Review this form with the customer and instruct them to read and select, in order of preference, which of the hotels
below they wish to stay at.
2. Call the hotels, in the order selected, to determine vacancy. Follow your Agency’s hotel payment procedures for
the selected hotel with vacancy.
3. Explain to customer that additional nights and other incidentals will be addressed by the<INSERT AGENCY RISK
MANAGER> or by Carl Warren and Co.
3. Instruct the customer that this emergency authorization is for LODGING ONLY – NO FOOD, MINIBAR, MOVIE,
PHONE or Other Charges).
4. Have the customer sign the Acknowledgement section of this form.
5. Complete the voucher information and sign. Please note that an unsigned voucher will not be honored at the
hotels.
6. Give the bottom copy of this form to the customer.
Hotel Staff: Please direct any questions regarding this voucher to the <INSERT AGENCY RISK MANAGER AT <PHONE>>
EMERGENCY HOTEL AUTHORIZATION VOUCHER
Good for one (1) night’s Stay on (date) __________ Other Guest Name(s): __________________________________
Field Supervisor Name: __________________________________ Phone #: ________________________________
Best Western John Muir Inn
445 Muir Station Rd, Martinez
925.229.1010
Lafayette Park Hotel
3287 Mount Diablo Blvd, Lafayette
925.283.3700
Residence Inn By Marriott
700 Ellinwood Way, Pleasant Hill
925.689.1010
Distribution Instructions – Top Copy To Agency Risk Mgr.; Middle Copy To Collections Mgr..; Bottom Copy To Customer
SAMPLE ONLY – PLEASE INSERT MAPS OF AGENCY HOTELS HERE
Sample Attachment H
California Sanitation Risk Management Authority
Rev. 03/26/07
RELEASE OF ALL CLAIMS FOR SEWER BACKUP LOSSES TO: ________________________________________________________
District Name
The undersigned, <insert name of claimants>, being of lawful age, for the sole consideration of <Insert sum of the settlement> to be paid to them by <Insert name of District> do jointly and severally, for themselves and for their
heirs, executors, administrators, successors and assigns releases, acquit and forever discharge <Insert name of District> and its officers, directors, employees, agents, servants and successors of and from any and all claims,
actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever,
which the undersigned now has or which may hereafter accrue on account of or in any way growing out of any and all
known and unknown, foreseen and unforeseen bodily and personal injuries and property damages and the
consequences thereof, resulting or to result from the accident, casualty or event which occurred on or about the
<Insert date of loss> at or near <Insert address of the loss>.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law
of any state or territory of the United States are hereby expressly waived by the undersigned. Said section reads as
follows:
"1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
The undersigned hereby declare and represent that the damages and injuries sustained are or may be permanent and
progressive and that recovery there from is uncertain and indefinite, and in making this Release, it is understood and
agreed, that the undersigned relies wholly upon the undersigned's judgment, belief and knowledge of the nature,
extent, effect, and duration of said damages and injuries and liability therefore and is made without reliance upon any
statement or representation of the parties released or their representatives.
The undersigned further declare that they agree to install and maintain, at their expense, a sewer backflow prevention
device on their private service lateral meeting all local, State and Federal requirements, including those of <Insert name of District> at <Insert address of the loss>.
The undersigned agree that failure to install a backflow prevention device shall relieve <Insert name of District> of
responsibility or liability for any and all subsequent damage caused by sanitary sewer flooding or back-up that would
have been prevented had such a back-flow prevention device been installed.
The undersigned understand that they are solely responsible for the proper installation, operation and maintenance of
building side sewers, fittings and devices and for obtaining the necessary construction and encroachment permits.
The undersigned also understand that they are solely responsible keeping the 3’ radius of the cleanout area clear of
vegetation or any obstruction for visibility and easy access.
The undersigned further declare and represent that no promise, inducement or agreement not herein expressed in the
release, has been made to the undersigned, and that this Release contains the entire agreement between the parties,
and that the terms of this Release are contractual and not a mere recital.
THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS.
Signed, sealed and delivered this day of , 20 .
Witness to Signature
Address of witness Signature
Witness to signature Signature
Address of witness
Attachment I
CSRMA Sewer Backup Claims Submittal Checklist
I. Documents Delivered to Carl Warren
Item Date
Sewer Backup Customer Information Letter (signed original) ___________
Sewer Backup Summary Report ___________
Hotel Selection/Authorization Form (if applicable) ___________
Lateral TV Report (if applicable) ___________
Customer Service Response Form (Agency Work Order Form) ___________
All Photos Taken (electronic or hardcopy) ___________
Any Other Information Pertaining to the Incident/Claim ___________
II. Documents Delivered to the Homeowner
Item Date
Claim form, or information about how to obtain a claim form ___________
Hotel Selection/Authorization Form (if applicable) ___________
Customer Information Regarding Sewer Back-up Claims, or ___________
Sewer Spill Reference Guide: Your responsibility as a private property owner