HALFMOON, N.Y. (WRGB) –It’s a nightmarish situation for any homeowner — raw sewage flooding into your home.
For one Halfmoon family, that nightmare became their reality after a county-sewer line backed up and flooded his home with untreated waste, leaving behind more than $50,000 in damages.
Despite the clog occurring inside a sewer main maintained by Saratoga County Sewer District 1, the county has denied his claim for compensation, saying its investigation found no evidence of negligence.
Nearly a year and a half later, homeowner Gary Ganong is still fighting to recover his losses, raising questions about who is responsible when public infrastructure damages private property.
On May 17, 2025, Ganong had just tucked his daughter into bed when he noticed the sound of rushing water coming from his basement.
“As I came down the stairs, I saw water just pouring out of my bathroom,” Ganong recalled. “Unfortunately, it wasn’t just water. It was raw untreated sewage.”
Ganong tells CBS6’s Briana Supardi that sewage was backing up through his toilet and drains, quickly spreading throughout the basement. He called 911, prompting a response from the Saratoga County Sheriff’s Office and local firefighters.
“The fire company came, tried pumping out fluid as fast as they could,” Ganong said. “Unfortunately, it was coming through faster than they could pump it out. So consequently, it flooded my whole basement.”
The sewage reached approximately a foot deep, contaminating floors, walls, carpeting, bathroom fixtures and heating equipment.
Ganong said the damage was extensive, requiring portions of the basement to be gutted and rebuilt.
“Everything had to be replaced with sheetrock, all the door moldings. Everything,” he said.
The source of the flooding was traced to a blockage in a sewer main maintained by Saratoga County Sewer District 1. County crews responded and used high-pressure water equipment to clear the obstruction.
But by then, Ganong said the damage had already been done.
Cleanup and repairs totaled more than $50,000, according to Ganong. His homeowner’s insurance covered just $5,000.
Ganong filed a claim with Saratoga County Sewer District 1, seeking reimbursement for the damage.
Approximately three months after the flooding, he appeared before the sewer district’s commission, presenting photographs, documentation and an accounting of his losses.
“I told them I’m not going to nickel and dime you for everything,” Ganong said. “I just want you to take care of the big basics. My sheetrock. My fixtures. Things like that.”
A month later, Ganong received a letter from the district’s Executive Director Dan Rourke.
“Based on our findings, there was no negligence on the part of Saratoga County Sewer District #1, and as such, we are unable to provide compensation for the damages claimed,” the letter said.
His claim was denied.
When he requested for the evidence to back the county’s findings, he was told he needed to submit a public records request.
“A FOIL act for cameras down a sewer — we’re not talking national security here. This is just a sewage line that I’m paying to have you provide that service,” said Ganong.
Saratoga County declined our request for an interview but provided a statement stating that a follow-up camera inspection found the sewer main structurally sound.
“And the District’s review, following the homeowner’s claim, found no evidence of equipment failure or negligence on the part of sewer personnel,” the statement read.
County officials maintain that public entities cannot compensate property owners for damages without a finding of municipal fault or negligence.
CBS6 filed a public records request seeking the district’s inspection and maintenance history for the pipe, along with the evidence and findings used to deny Ganong’s damage claim.
As of Oct. 22, those records had not been provided.
According to the county, crews cleared a buildup of what it described as “foreign debris” lodged in the sewer main.
The county said the exact composition of the blockage could not be definitively identified, explaining that sewer backups are commonly caused by accumulations of grease, fats, oils and materials that do not break down in the sewer system.
Who is responsible when a public sewer line causes damage?
Attorney Greg Rinckey, who is not involved in Ganong’s case, said the fact that a sewer line is owned or maintained by a municipality does not automatically make the government legally responsible for damages resulting from a backup.
“You have to prove negligence,” Rinckey said. “So you have to prove that they either knew about it or they failed to inspect the sewer lines and that led to the backup.”
Rinckey said maintenance records, inspection reports and other documentation could be critical in determining whether a municipality took reasonable steps to maintain its sewer infrastructure.
