On January 2, 2002 Public Act 222 of the Public Acts of 2001 came into effect. It provides that under certain circumstances, governmental agencies that own or operate sewage disposal systems may be held liable for the overflow or backup of the system such as basement flooding. Oakland County and the Oakland County Water Resources Commissioner are providing this notice consistent with the requirements of the Public Act.
To pursue a claim against a government agency for personal injury or property damage resulting from basement flooding, the claimant must file a written notice of the claim to the governmental agency within 45 days of the date that the damage or physical injury was discovered, or should have been discovered. If written notice is not provided within 45 days, a claimant will not be able to pursue a claim for the injuries and damages against a government agency. The written notice must include the claimant's name, address, and phone number, the address of the affected property, the date of discovery of the injury or damage, and a brief description of the claim.
If an Oakland County resident has had basement flooding which involves a sewage system owned or operated by Oakland County or the Oakland County Water Resources Commissioner's office, written notice of the claim must be provided to the Oakland County Water Resources Commissioner's office, One Public Works Drive, Waterford, MI 48328.
Oakland County operates and/or maintains sewage disposal systems in the following communities: Beverly Hills, Bingham Farms, Bloomfield Hills, Commerce Township, Farmington Hills, Franklin, Keego Harbor, Lake Orion, Oakland Township, Orchard Lake, Oxford Township, Pontiac, Royal Oak Township, Walled Lake, White Lake Township, and part of Novi.
If you want to make a claim and your home or business is not in one of these communities, you should contact the service provider in your area, or the owner of the sewage disposal system involved.
A downloadable claim form is available here.