[CANUFNET] Tree roots in sewer lines

[Michael Richardson]

The issue of roots in sewers is not only a legal issue but a construction
issue.  While a municipality may wish to preserve trees they cannot
specify methods to excavate and prune roots that are not supported by law.

In Ontario replacement of sewer lines after trenching is construction and
it must comply with Ont. Reg. 213/91 - Construction Projects. 
Specifically sections concerning excavation, starting at S.222 must be
followed.  One would think that the construction firm excavating and
repairing/replacing a pipe would be responsible for correct methodology
but the arborist also has strict duties imposed upon them.

While arborists and urban foresters may be concerned about trees they have
a legal duty to protect workers and their methodology must reflect this. 
Digging a trench and hopping in is illegal and dangerous.  I know of three
deaths in 2018 in which workers were killed when the trench walls
collapsed.  Knowing the H&S regulations that apply to the job you are
doing is mandatory and sensible.


Michael



> Hi Lindsay:
>
> As usual, the problem lies not with the tree but with the hardscape - in
> this case the sewer line or pipe. If roots have accessed the inside of the
> sewer line, there must be a crack that has facilitated the incursion. The
> problem will not be mitigated going forward unless the hardscape issue has
> been resolved.
>
> If root pruning is to take place or work which can potentially damage the
> tree’s roots be undertaken, the Bylaw MUST include that the City has
> oversight of its property and that any root pruning or remedial work be
> performed by someone who has the experience to do the work and is
> responsible to the City as the tree in question is City-owned.
>
> I would include a spec appended to the Bylaw so that the work is not done
> in an arbitrary fashion. The spec should include protocols and procedures
> for accessing the roots in question, preferably using pneumatic
> excavation, as well as how the roots will be cut and the landscape
> restored so that the remaining roots can regenerate. Any and all root
> pruning must also assure that the structural integrity of the tree will
> not or has not been impaired.
>
> I would require that any sewer line work to resolve the damage insure that
> the tree and its root system will be protected from the work as well as
> any staging of work.
>
> Regards
> Naomi
>
>> On Apr 10, 2019, at 8:38 AM, Lindsay Button via CANUFNET
>> <canufnet at list.web.net> wrote:
>>
>> Good morning members,
>>
>> I’m interested in your thoughts on a matter we are dealing with here
>> at the City of Kitchener. Our legal department is recommending we amend
>> our City Tree By-law to create an exception which would allow people to
>> cut roots of municipal trees, for the purpose of unblocking sewer
>> laterals. We have fairly standard language that states no person is
>> permitted to prune or remove any part of a City tree, and legal is
>> arguing that people who clear roots from sewers are technically in
>> violation of the by-law.
>>
>> Has anyone encountered this argument and how was it resolved?
>>
>> Many thanks for your input!
>>
>> Lindsay Button
>> Urban Forest Technologist | Parks and Cemeteries | City of Kitchener
>> 519-741-2600 x4181 | TTY 1-866-969-9994 | lindsay.button at kitchener.ca
>> <mailto:lindsay.button at kitchener.ca>