Delco agency pays $1.4M over polluting claim

Source: Philadelphia Inquirer, August 18, 2015
Posted on: http://envfpn.advisen.com

The Delaware County agency responsible for treating sewage from systems that serve 500,000 area residents has agreed to pay nearly $1.4 million for letting pollutants seep into the Ridley Creek, Chester Creek and the Delaware River.
In a lawsuit filed last month, the Delaware County Regional Water Authority had been accused of too often letting untreated wastewater flow into the tributaries, endangering residents of Delaware County and parts of Chester County — many of whom live in low-income communities.
The lawsuit — filed by the U.S. Department of Justice, the U.S. Environmental Protection Agency and the state of Pennsylvania — marks one victory in a larger effort by the federal agencies to crack down on what John Cruden, assistant attorney general for the Justice Department’s Environment and Natural Resources Division, called in a statement “aging and inadequate sewer infrastructure” across the country.
The settlement announced Monday wasn’t the first for the Delaware County authority, which had been embroiled in lawsuits and criticism before.
Based in Chester and built in 1974, the authority is designed to treat 50 million gallons of storm and wastewater collected each day, including from industrial sources and sewers. It is authorized to discharge pollutants into Ridley Creek, Chester Creek and the Delaware River — so long as requirements are met that limit the amount and type of pollutants.
The suit alleged that the agency routinely exceeded the acceptable levels of pollutant discharge, and at times permitted the overflow of untreated wastewater directly into the bodies of water, posing a possible health risk. The suit didn’t cite any specific damage or impact, but exposure to raw sewage can cause illnesses ranging from mild stomach cramps to severe diseases such as cholera.
“This settlement means cleaner water for communities in the greater Philadelphia area, including many that have historically been overburdened by water pollution,” Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance, said in a statement.
Robert Willert, executive director of the authority, did not respond to a request for comment.
To remedy these pollutants going forward, the agency must implement within 20 years a long-term plan that minimizes or prevents the direct overflow of pollutants into bodies of water. The agency will face stiff monetary penalties if it fails to do so.
In addition, the $1.375 million settlement must be paid within 30 days and is to be split between the U.S. and Pennsylvania.
In 1994, the Delaware County authority settled a similar claim by the EPA for $350,000. Another suit in 1997 settled complaints that site was emitting foul odors.
And in 1988, almost 10,000 dead fish were found floating in Darby Creek near the agency’s sewage pumping station in Tinicum after an alarm failed to ring, allowing 7 million gallons of sewage to spill into the creek.

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