Officials: Arlington County Not Liable for Sewage Storm Damage

(Updated on 07/29/19) Arlington County will not be paying for the cost of clean-up from sewage back-ups into people’s homes during the July 8 flash flood emergency.

A spokesperson for the County Manager’s office said today (Friday) that the county “sympathizes with proper owners” recovering from the unusually strong storm and “regrets” any damage caused, but “unfortunately, the County is not in a position to accept responsibility for damage to private properties resulting from this storm.”

As the rainstorm dumped water on Arlington two weeks ago, stormwater runoff filled basements in homes and businesses — as did some sewage. The Department of Environmental Services previously told ARLnow that water flooded some sewer pipes, backing up sewage into people’s homes.

The result was raw sewage flowing into basements, and in some cases, potentially washing up to the first floor of homes, as evidenced by the smells still lingering days after the storm in some houses hit hard in Westover.

“Under Virginia law, the County is legally immune from these sorts of claims and using County tax dollars to pay for damages for which the County is immune would constitute an illegal gift to a private individual,” said County Manager’s office spokesman Ben Hampton. “While the County will investigate all reported claims on a case-by-case basis, there is no legal basis for it to accept liability in the vast majority of cases resulting from the July 8 storm.”

One tipster who lives near the Cherrydale and Waverly Hills neighborhoods said his house was flooded after the main sewer line near his house flooded, “leaving us pretty much helpless as the county sewage flooded into our basement.”

When asked how many homes were affected by damaged sewer lines during the sewer line, county spokeswoman Bryna Helfer did not yet know and added that, “our primary focus right now is on pursuing the federal and state assistance.”

Over 1,000 residents and business owners filed post-storm damage claims with the county as part of Arlington’s preparation to request aid from the state or the Federal Emergency Management Agency. Hampton said the county is currently reviewing the the damage assessment from the claims which determines the county’s aid eligibility.

“At this time, we have no reason to believe that homeowners with major damage would not be eligible for aid if it’s approved,”  added Helfer.

“The most likely form of aid is from the U.S. Small Business Administration (SBA), which provides low-interest loans to disaster victims, including homeowners, renters, and businesses, for repairs or replacement of disaster-damaged buildings and property,” she said. “SBA can also provide capital to businesses. The County is also pursuing aid under the Federal Emergency Management Agency (FEMA) Individual Assistance program, which provides financial assistance to individuals and families who have sustained losses due to disasters.”

Prior to the July 8 flooding, damage from clogged county sewers has occasionally damaged homes, including several incidents in the Madison Manor neighborhood, leaving residents on the hook for tens of thousands of dollars in clean-up costs.

The full response from the County Manager’s office is below.

The County sympathizes with property owners recovering from the July 8, 2019 storm, which dumped an unprecedented amount of rain in the region and caused significant damage to public infrastructure as well as private property. The County regrets any damage that may have been caused to private property from the County’s public sewer lines being damaged or overwhelmed by this storm. Unfortunately, the County is not in a position to accept responsibility for damage to private properties resulting from this storm. Under Virginia law, the County is legally immune from these sorts of claims and using County tax dollars to pay for damages for which the County is immune would constitute an illegal gift to a private individual. While the County will investigate all reported claims on a case-by-case basis, there is no legal basis for it to accept liability in the vast majority of cases resulting from the July 8 storm. Property owners are encouraged to check with their insurance carriers and to explore the possibility of obtaining flood insurance for their properties. Additional information regarding the July 8 storm is available on the Flood Recovery Center at arlingtonva.us/flood-recovery.