SEWER BACK-UPS

In case of an emergency sewer back-up, please call (616) 355-1643.  After Business Hours, please call (616) 355-1500.

If you have experienced a sewer back-up and believe the City of Holland and/or the Holland Board of Public Works is liable, you are required under Michigan Public Act 222 of 2001 to contact the City of Holland and/or the Holland Board of Public Works.  The City is then required to send out a claim form even though the City may not be responsible for your problem.  This is so that you can provide proper notice to the City of a claim for damages as a result of a sewer backup.  A claim form can be downloaded from the City Clerk’s website here.  The completed claim must be mailed to:

City of Holland

City Clerk’s Office

270 S. River Avenue

Holland, MI 49423

The Holland BPW Policy: Residential Sanitary Sewer Backups (#WW-14) provides the following information:

1.       Since customers experiencing a sewage backup cannot determine whether the backup is caused by an obstruction in the service lateral or in the public main, the customer may call either a plumber or the BPW for assistance. If a customer calls a plumber for a public main backup problem, the BPW reimburses the customer’s ordinary and reasonable expense for a plumber’s service.

2.       The BPW provides cleanup and disinfection of sewage to customers affected by a Public sewer main backup.

a.       You may hire a contractor of your choice to provide the cleanup and disinfection services. A list of contractors may be obtained from the HBPW or by searching in the Phone Book under “Water & Fire Damage Restoration”.

b.       You may then submit the cleaning and disinfection bills to the Holland BPW for reimbursement.

c.       You will need to provide verification from your insurance company indicating what cleaning expense they have or will cover.

3.       Damages not covered by the customer’s insurance are reviewed by the City’s insurance claim adjuster for payment authorization. You will need documentation from your insurance company.

Please refer to the full policy for additional information.

Failure to provide the required Notice may prevent recovery of damages.

If you experience an overflow or backup of a sewage disposal system or storm water system and you intend to file a claim, any claim you make must be in writing within 45 days after the date of damage or physical injury was discovered.  The written notice must contain your name, address, telephone number, the address of the affected property, the date of discovery of any property damages or physical injury, and a brief description of the claim.

Public Act 170 of 1964, as amended by Public Act 222 of 2001, requires that if you are seeking compensation for personal injury or property damage, you must show that the sewage disposal system had a defect; that the appropriate government agency knew, or reasonably should have known about the defect; that the defect was not remedied by the government agency in a reasonable amount of time; that the property damage or personal injury resulted because of the defect; AND that you own and have related the value of the damaged personal property.

Act 170 of 1964, as amended is Sections 691.1416 through 691.1619 of the Michigan Compiled Laws (MCL).

Document

Description

Section 691.1416

Definitions.

Section 691.1417

Damages or physical injuries caused by sewage disposal system event; compliance of claimant and governmental agency with relief provisions.

Section 691.1418

Economic damages; grounds for non-economic damages; available defenses.

Section 691.1419

Notice of claim; requirements.