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Residents raise shared sewer tap dispute; city attorney says separation required but action may be civil matter

Pinckneyville City Council · October 14, 2024
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Summary

A resident raised a longstanding shared sewer lateral issue after a lot split; City Attorney Don Bigham said ordinance requires separate taps and the city lacks authority to cut private lines without easements, calling the remaining remedy a civil matter between property owners while indicating the city could act within a few meetings.

During citizen-requested discussion, Randy Ridgeway (speaking on behalf of his daughter, Jennifer Weatherford) raised a shared sewer-tap issue that dates to when two parcels were one property. Ridgeway said he was told the city attorney had changed the ordinance to require separate taps and that, five months earlier, EPA and the city had reconnected a private line and were expected to install a new tap for the neighbor.

City Attorney Don Bigham responded that the city ordinance specifies separate taps for each house or building but that there is no established procedure for handling a shared lateral after a property split. He said the city does not have the right to cut a private line where no easement exists and characterized the dispute primarily as a civil matter between property owners. Bigham added that the city should be able to act on the issue within the next two to three meetings.

Ridgeway suggested the city shut off the neighbor’s water to prevent sewage from discharging; Bigham indicated the city lacks authority to do that without an easement and did not commit to that remedy at the meeting. The council did not take formal action on the matter during the Oct. 14 session.