Resident Questions Who Is Responsible For Sewer Service Connection Repairs

By Robert Thomas

A Moose Jaw man who recently had his sewer repaired has three messages - two for residents and one for the City.

The first two are if you have your sewer service connection line (the sewer line from your home to the City owned main sewer line) replaced ensure you have it camera (scoped) to ensure the work was done properly.

And secondly carry a service connection rider on your home insurance as it could save you thousands of dollars.

For the City the message is why are residents - including himself - being stuck with expensive repair bills for work done by City hired contractors?

“I am just hoping my coming forward helps other residents especially on Keith Street. I hope it helps anybody who had work done in 2016 and 2017 until they started doing it a little bit better,” Aaron McGillivary told MJ Independent.

Aaron McGillvary stands in front of the repair in front of his Keith Street residence - MJ Independent photo

McGillivary, who lives on Keith Street, as part of 2017’s Phase Two of the Cast Iron Water Main Replacement program had his service connections - water and no corrode (tar paper) sewer pipes - replaced during that phase of the program.

He took advantage of the City paying 40 percent of the cost to replace the No Corrode sewer service connection under a long running program terminated in 2020.

Recently he has had to have major repairs completed after his 2017 sewer service connection experienced problems and the line became blocked. Repairs he feels he should not be held financially responsible for because the line was installed by a City hired contractor and should have been or was given an inspection and was signed off by the City.

“With the bylaw (policy) stating that anybody in the City of Moose Jaw owns right from inside their house all the way to the main (sewer line) that tells me it must be my fault or I must own it.”

SEE RELATED - Unexpected Bills Have Residents Upset About Water Main Replacement

The cost of the 2017 replacement for McGillvary was $10,500 which he is paying off through a financing deal provided by the City of Moose Jaw.

The City paid the contractor C Ungar Construction of Theodore, Saskatchewan for the work. Ungar then paid the subcontractor(s) for their portion of the work.

At the time of the service connection’s installations McGillvary said the City came and looked at it, but he was “depending on HBT to prove it was done properly.”

When he recently had sewer service connection problems he said he was shocked to learn he owned and was financially responsible for the sewer service connection from his home to the main City-owned sewer main.

He had been under the impression he owned until the property line with the City of Moose Jaw responsible for from the property line to the main. The same as the water service connection.

Despite the City’s policy on service connection ownership, McGillvary said he feels the problem should not be his financial responsibility as it is was found not to be in the pipe he just discovered he owns but rather the connection to the main sewer line.

“I don’t see why I own the riser off of the sewer main that is attached to it. I should likely just own my pipe up until that spot.”

McGillvary feels the City should be held responsible as the main contractor on Phase Two of the program completed the final connection.

“I honestly think the City should be paying for it as it was done four and a half years ago and hey have had issues all from the start with Ungar. And also maybe they should have cleaned out everything first of all. When they went and hooked up my new sewer pipe why didn’t they take the clay riser off and make sure it was clear inside,” he said, adding “that would have fixed my problem right from the get go.”

Getting To The Root Of The Problem

Improper installation and roots from a City owned tree are probable reasons McGillvary sees as the reasons for the repairs.

Asked about the roots that were found in the clay riser he said it looked like they originated in the City owned main line that migrated into his sewer service line.

“It is kind of what it looks like. They were kind of in the main (sewer line) and they ended up pushing them back into the main (line).”

Given that the service line was new four and half years ago he said the roots must have originated in the main sewer line. He pointed out as far as he is aware of the main sewer line has not been replaced or re-lined.

“Yeah they were already there,” he said, adding they “possibly” came from the main line.

“I’m thinking it is the City tree. The elm tree (just across the street). It is the City tree 100 percent it has to be,” he said.

At the present time McGillvary said he is waiting for the final word from the City saying “they honestly haven’t said anything yet. Other than it is my fault.”

In his opinion he said the most likely culprit for the roots invading his service connection are roots from nearby elm trees that have broken into the City’s main sewer line.

“On the main City line it was packed with roots and full of mud,” he said.

In a written response the City said they have yet to see what caused the problem.

“No matter the age of service lines, there could be several factors that cause failure. We have not been provided any visuals to indicate what the problems in these cases may be. .” the City wrote.

Another issue McGillvary pointed out at the time the City allowed the contractor to connect to the existing clay riser but the present installations the City allows pipe all the way to the main sewer line potentially eliminating the problem with his line.

At present there are two properties on Keith Street who have had repairs and complained to the City about it.

Cost Of Repairs

McGillvary said he estimates the cost of his repairs so far it $442 for scoping the line twice in an attempt to find the problem initially plus the $1,000 insurance deductible he is hoping his home insurance will cover. If his home insurance covers the repairs he is out just over $1,400 a cost he does not think he should be held responsible for.

He said he has spoken to Mayor Clive Tolley for about 15 minutes about the issue with the Mayor promising to see what can be done to resolve the issue.

He is waiting for the Mayor or the City to take a close look at what has happened and get back to him.

Nearby City owned trees may have been a potential cause of the problem - MJ Independent photo

Message To Others

He said one of the reasons he went public was to warn others what they might face when it comes to their service connections and take actions that could potentially save them thousands of dollars.

“I think that everyone should get their sewer lines scoped,” he said, adding when asked to clarify his statement “anybody on Keith Street needs to be. And anybody that had work done by Ungar should. And make sure you have the sewer line coverage on your insurance. Even though it is brand new you can still get dinged,” McGillvary said, adding “because in this situation my pipe didn’t break but it was all full of roots in the sewer main.”

Without insurance he estimated it would have cost him another $10,500 to complete the repairs.

“Twenty one grand….yeah,” he said.

He encourages everyone to carry an insurance rider covering their service connections as not having it may save a few dollars but in the end, such as in his case, will save him thousands of dollars.

“That’s happened a lot of times. People got rid of it because they thought with new pipes they were fine but they are not. It’s worth it.”

He said after what he has discovered it is a good idea for anyone who had service connections replaced to go out and paying for the replacement sewer connection to be scoped out to the main “instead of paying more money” for repairs later.

He added another reason why he never scoped the work in 2017 - other than thinking the City was inspecting the work - was he did not want to spend more money and he was unaware that property owners owned the entire sewer service connection at that time.

“It shocked me and everybody that I tell,” he said about the service connection ownership.

McGillvary said he honestly thought property owners owned both service connections, water and sewer, from the property line to their home.

The City says they do not do final inspections on service connections completed during the Cast Iron Water Main Replacement Program.

Asked if he thought the City would be doing the final inspection of the service connections he claimed “that is what I was told….the City dodn’t check it and Ungar got paid, so probably the City (is responsible).”

It needs to be noted during Phase Two of the Cast Iron Water Main Replacement Program one of the main concerns raised was poor communication between the City and property and business owners on the High Street portion of the program. The City took steps by having the Communications Manager personally address the concerns.

When asked for his feelings about what has happened towards the City of Moose Jaw he said they are not too positive.

“I think they have always been tough to deal with just from stories I’ve heard. Just in dealing with them in general. I know back in 2017 I sent in emails complaining about the contractor doing the work and nothing ended up getting done with my emails. I ended up sending them again.”

Who Is Contractually Responsible???

In a written response to questions related to McGillvary’s situation the City in an email response said the ultimate responsibility falls with the property owner and the firm they signed a contract with to install the new service lines.

“Property owners in the water main replacement program were, and continue to be, encouraged to replace their service connections when water main replacement construction occurs. However, it is not mandatory. Residents who voluntarily had their service connection replaced would have signed a tri-party agreement with the contractor and the City. The City is included in the agreement to allow the homeowner to finance the work by applying the costs to their property taxes instead of paying for it up front,” the City responded adding “Other issues related to workmanship are between the property owner and contractor.”

McGillvary said he checked in his home and could not find a contract being signed for the service lines replacement and cannot remember if he ever signed the contract at all. He was away on holidays and said he may never have actually signed it. But he does admit paying for the 2017 replacements through his property taxes.

The City has a claims process where residents can file a claim if they feel the City is responsible for damages.

“Service connection failures and/or replacement are the responsibility of the property owner. However, there is a Claims process open to residents who feel that damage has been done to their property due to perceived fault of the City and those claims are adjudicated to determine if there is any responsibility on the City,” the City responded.

Further details are available on the City of Moose Jaw’s website: https://moosejaw.ca/liability-claims/.

“…any resident who believes that damage has been done to their property due to negligence on the City of Moose Jaw’s part can follow the City’s Claims process,” the email response stated.

McGillvary said all he has really heard from the City is he should go after the contractor he signed an agreement with.

“Basically they are saying I am suppose to go back after Ungar.”

Despite McGillvary’s belief the City signed off on service connections the City says that is untrue as they are not part of the agreements property owners signed other than providing the ability to finance the work through property tax payments.”

“It was done. I am paying for it, But I don’t ever remember a contract (being signed). I have a contract (at home) but no signature.”

“There is no sign off from the City on service connections under Cast Iron. As stated above, it is a separate agreement between the contractor and the homeowner. Issues related to workmanship are between the property owner and contractor,” the City wrote.

Although he is likely going to be covered by his homeowner’s insurance and the repairs likely won’t end up costing him thousands - if the City does not assume liability for repairs - McGillvary said “it is another bill you did not expect to pay.”

McGillvary is now waiting for a response from the City as who in the end is responsible and will have to foot the final repair bill.