The Oklahoma Supreme Court has stated that “The maintenance and repair of [city] sewers is a corporate or proprietary function of a city and the city is liable for injuries sustained because of its failure to maintain and repair sewers properly.” Oklahoma law requires municipalities “to use reasonable diligence and care to see that such sewer is not clogged ... and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of its sewer.”[1]
During 2004, the City of Weatherford had 48 sanitary sewer overflow claims resulting in a Consent Order from the Oklahoma Department of Environmental Quality (DEQ). Included in the Consent Order was the development of a CMOM (Capacity, Management, Operations, and Maintenance) Program to control their sanitary sewer overflows (SSOs).
The 2005 implementation of Weatherford’s CMOM program included the purchase of a trailer-mounted jetter and a dedicated crew of two full-time employees tasked with sanitary sewer collection system maintenance and record keeping for annual reports to OK-DEQ. Today their program has grown to three full-time employees, two trailer-mounted jetters, two vacuums, and a rover CCTV camera complete with a van. Weatherford has gone from having 48 SSOs in 2004 to averaging less than 2 per year from 2005 through 2018. Liability costs are greatly diminished and quality of life for the residents of Weatherford has improved.
The City of Weatherford’s sewer maintenance crew cleans over 250,000 feet of sewer line per year and video inspects about 3,400 feet per year. Their CCTV camera (OMAG has a grant for CCTV camera purchase assistance) removes the guesswork in determining what obstructs the line (roots, grease, debris, line collapse, etc.) and where exactly the problem is in the line. Then they can develop a plan to fix the problem and service the line. Weatherford uses root foam on about 7,000 feet of line per year (OMAG has a grant for Dukes Roots purchase assistance). Larry McKillip and his crew recommend using a Warthog jetting nozzle when jetting lines especially if they contain root balls. Larry says the Warthog is much more effective than mechanical cutters and saws, because the saws get stuck and are hard to dislodge, resulting in the need to dig up a line and break the pipe to retrieve the tool.
Trent Perkins, Public Works Director for Weatherford stated, “maps are critical for productivity.” That is why the city contacted their local COG (Council of Government)- SWODA for assistance in locating and mapping their water and sewer lines. Through a grant (COG provides grant assistance for REAP and CDBG programs provided by the Oklahoma Department of Commerce,) the city has a viable computerized map showing the locations of all their water and sewer lines as well as manhole locations. OMAG can also assist member municipalities in gaining helpful information about their sewer systems using the SL-Rat (Sewer Line -Rapid Assessment Tool). This tool is loaned to cities and towns to quickly assess and map their sewer lines and determine what areas of town need maintenance, repair, or replacement, so municipal leaders can formulate a plan and budget for said infrastructural improvements. It is our belief the SL-Rat is an excellent tool for municipalities to use if they are seeking a REAP or CDBG grant.
Since sanitary sewer overflows are the most frequent liability claim filed against municipalities and authorities annually, and the cost of SSO claims continues to increase each year, OMAG recommends our cities and towns investigate utilizing resources to rehabilitate their aging sewer infrastructure.
A CMOM or any sewer line maintenance program is a costly start-up investment in time, staffing, and money, but it will quickly pay for itself by reducing sanitary sewer back-up claims. Citizens like to see capital improvements like new fire trucks, police cars, parks, and ballfields (the stuff we can see), but it’s also true they don’t like to have raw sewage running into their homes and businesses. Oklahoma leaders have been talking about our aging and disintegrating infrastructures for years. It is time to start making plans for major overhauls of these systems. Don’t wait for a consent order from OK-DEQ - take advantage of the resources available to you and start making the changes now.
According to Trent Perkins, “Personnel is the most important factor in the success of a sewer maintenance program, that and having the proper equipment, but support from the city’s mayor and council is key to our success.” Mike Brown, Mayor of Weatherford stated, “The City of Weatherford is thankful and proud that OMAG recognizes our efforts utilizing the CMOM program. Trent Perkins and his crew do an outstanding job maintaining our water and sewer lines. We appreciate the partnerships with SWODA and OMAG working with Weatherford to provide the best services available to our citizens.”
For more information about borrowing an SL-Rat from OMAG or to inquire about a CCTV camera or Duke’s Root Control grants contact William Sheppard or Kip Prichard at (800) 234-9461.
[1] Spencer v. City of Bristow, 2007 OK CIV APP 67, ¶ 12, 165 P.3d 361, 364
