(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Ancillary damage” means damage to persons or personal property caused by the result or occurring as a result of a sewer line blockage or sewer line breakage other than the damage directly to the sewer line as a result of the blockage or breakage.
(2) “Borough” means any Council member, employee, agent or representative of the Borough of Ellwood City.
(3) “Borough's insurer” means the insurance company contracted by the Borough to provide the applicable insurance to the Borough.
(4) “Sewer lateral line” means a sewer line constructed by the customer that extends from a residential or commercial customer location to the sewer main line.
(5) “Sewer line blockage” means any type of obstruction that lodges itself in a sewer line which results in the impairment of sewage flow.
(6) “Sewer line breakage” means a crack, break, or other impairment of the walls of the sewer main line that negatively affects the sewage flow.
(7) “Sewer main line” means a portion of the sewer collection system owned by the Borough that conveys sewage from the sewer laterals to the sewage treatment plant.
(b) Sewer Main Lines.
(1) General rule. A sewer line break or sewer line blockage as determined by the Borough or the Borough's insurer of a sewer main line will be repaired at the direction and expense of the Borough.
(2) Exception. If it is determined in the sole discretion of the Borough or by the Borough's insurer that the sewer line breakage or sewer line blockage was caused, in whole or in part, directly or indirectly, by the actions of any customer, the Borough reserves the right to demand contribution by the responsible customer for the cost of repairs and any additional damage that may have occurred as a result of the sewer line blockage or sewer line breakage.
(c) Sewer Lateral Lines.
(1) Sewer lateral lines on customer property. Any sewer line blockage or sewer line breakage that occurs in a sewer lateral line on a customer's property will be the sole responsibility of the customer for any repair or replacement of the same.
(2) Sewer lateral line in a public right-of-way or in a sanitary sewer easement. Any sewer line blockage or sewer line breakage that occurs in a sewer lateral line in a public right-of-way or in a sanitary sewer easement shall be investigated by the Borough or the Borough's insurer to determine the cause of said sewer line blockage or sewer line breakage.
A. Caused by customer. If it is determined, in the sole discretion of the Borough or the Borough's insurer, that the sewer line blockage or sewer line breakage was caused, either directly or indirectly, by a customer of the Borough or some other third party, the Borough shall not take responsibility for the repair, replacement, and the cost of the remediation and/or “call out” and said repair, replacement, and cost of remediation and/or “call out” shall be the responsibility of the customer.
B. Borough responsibility. If it is determined, in the sole discretion of the Borough or the Borough's insurer, that the sewer line blockage or sewer line breakage was caused, either directly or indirectly by the Borough, the Borough shall bear the responsibility for the repair, replacement, and cost of the remediation and/or “call out”.
C. Undetermined cause. In the event that the causation of the sewer line blockage or sewer line breakage cannot be determined by the Borough or the Borough's insurer, the Borough shall undertake the repair, replacement, and remediation of the sewer line and cost of remediation and/or “call out”.
(d) Ancillary Damage. In the event any ancillary damage occurs as a result of a sewer line blockage or sewer line breakage, the damage shall be assessed by the Borough or the Borough's insurer. Any determination as to the causation of the damage made by the Borough's insurer shall be taken into consideration by the Borough in determining the responsibility for any remuneration to the affected party as a result of the ancillary damage.
(e) Disclaimer. Nothing contained in this section shall be deemed to be an admission by the Borough, its representatives, employees, contracted employees, or Council member of any liability as a result of any of its operations in providing sewer service to its customers. Any determination by the by Borough or the Borough's insurer regarding liability for any sewer line blockage, sewer line breakage, or ancillary damage shall supersede any determination of responsibility set forth herein.
(Res. 2003-2. Passed 1-20-03.)