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4 <br /> 2 <br /> Structure shall be maintained by the property owner. As determined by the <br /> Director,the Department may maintain ABWDs at structures that are not <br /> Designated Structures. <br /> E. Claims Related to Sewage Backup <br /> 1. Claims Related to Designated Structures. The City will not pay sewage <br /> backup claims related to Designated Structures that do not have properly <br /> maintained and installed ABWDs at the time of the sewer backup;except <br /> for the following limited circumstances: <br /> a. Claims Prior to Deadline Date. The City will compromise and <br /> settle claims arising from sewer backups that occur prior to a <br /> Designated Structure's deadline date in accordance with section G. <br /> b. Designated Structures without a Deadline Date. If the City does <br /> not mail a letter to the owner of a Designated Structure with a <br /> deadline date,then the City will compromise and settle claims <br /> arising from sewer backups in accordance with section G. <br /> c. City Negligence. The City will compromise and settle claims <br /> arising from sewer backups to the extent caused by the City's <br /> negligence. <br /> 2. Claims Related to Structures That Are Not Designated Structures. The <br /> City will compromise and settle claims arising from sewer backups at <br /> structures that are not Designated Structures in accordance with section G. <br /> 3. Direct Connections. If a structure has downspouts or other direct <br /> • stonnwater connections into a combined sewer,the City will not pay <br /> damage claims to the extent such damage could have prevented by <br /> disconnection of those downspouts or other direct stormwater connections <br /> from the combined sewer. This applies regardless of what the downspout <br /> or other direct stonnwater connection drains,and includes without <br /> limitation all new and old impervious surfaces. This applies regardless of <br /> whether a structure is a Designated Structure or not. <br /> F. Claims Related to Overland Surcharge and Overflow <br /> The City will compromise and settle claims arising from overland surcharge and <br /> system overflow in accordance with section G. This includes,for example, <br /> claims arising from overflow from manholes in the City's combined sewer system <br /> and claims arising from overland stonnwater overflows in the City's separated <br /> sewer system. This does not include claims arising from sewer backups through a <br /> side sewer,which are determined under section E. <br /> 11 <br />