A crowd packed the Mandan City Commission room Tuesday, most anxiously awaiting a decision on who was going to pay for damages resulting from sewage backup during a May 25 rain storm.

But they're going to have to wait a little longer, as insurance companies are still trying to determine responsibility for the unusual situation, which caused sewer backups in more than a dozen homes adjacent to Collins Avenue.

Water from a heavy rainfall ran down a utility ditch on Collins being dug as part of the reconstruction project. The water forced itself into an abandoned sewer main and managed to find its way into the sewer main serving homes along Collins. The resulting mess required homeowners to enlist professional services for the cleanup, many having to come up with $1,000 in advance.

Insurance companies for Strata Inc., the project contractor, and Interstate Engineering, project engineer, enlisted Heinrich and Company Insurance Adjustors. The company worked with homeowners to establish the amount of loss and hired an engineer to make an assessment on liability issues.

"At last month's city commission meeting, we told you we would try to do our best to get a decision within 30 days," adjustor Duane Heinrich said. "We're going to be short of that by seven or eight days. A decision will be made no later than July 18. There are some interesting things that did occur in the mishap, and that is why we deemed it necessary to get some expertise which will stand the test of scrutiny."

But problems still persist, according to a few of the property owners. Recent rains have caused more backups, but not to the extent of the first. On Wednesday, city crews put a camera into the affected sewer main to see if there is still debris clogging the main, but there is no way to check the individual lines connected to each house.

"If we're seeing more than one person with a problem, it might be the main," city engineer Tom Little said. "If it's the main, the city can take action on it. Once it becomes the service lines, that's a different problem. We don't have the resources to go up the service lines. Most of the time, service lines are done by a plumbing utility firm. They're more specialized. Once we determine what the problem is, we can come up with another plan."

City attorney Malcolm Brown suggested that, when responsibility for the situation is determined, that company will be responsible for the individual service lines.

Meanwhile, the companies that were hired to do cleanups of the individual homes are pressing property owners for payment.

"I've gotten a couple of calls and e-mails from property owners that are getting pressure from their contractors for payment," Mayor Ken LaMont said. "These people all pretty much put $1,000 up front. It's a burden, and their homes still aren't being repaired. I understand their anxiety. We need to let them know they are going to be taken care of somehow."

Heinrich said, when cash value settlements are made, it will be for the replacement cost less depreciation. This also did not go well for some of the homeowners who were discouraged that they wouldn't be able to replace some of the things they lost.

The Mandan City Commission meets again Tuesday and hopes are that a decision on liability will be had by then. If not, a special commission meeting might be held to consider a fund for cleanup. Heinrich said all property owners will be notified of the decision, by mail, once it is made.

"The vast majority of property owners have been cooperative, and we're appreciative of the people we've been working with to establish the amount of damage," Heinrich said. "We're not in a position where we want to say something unless we can back it up. We did get a commitment that a decision will be made next week. I genuinely hope that the people that have been patient through the process can somehow stretch that patience another week."

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)