Bucks Co. Water & Sewer Authority To Pay $450K In Settlement After Raw Sewage Overflow

BUCKS COUNTY, PA — The Bucks County Water and Sewer Authority has reached a settlement with the state after being sued over sanitary sewer overflows and operation and maintenance violations, the Department of Justice said Wednesday.

The United States and Commonwealth of Pennsylvania Department of Environmental Protection filed a civil lawsuit against the sewer authority under the federal Clean Water Act and Pennsylvania Clean Steams Law. At the same time the civil suit was filed, the United States and Commonwealth of Pennsylvania also filed a proposed consent decree that would resolve the lawsuit subject to the district court’s approval.

Under that filing, the authority will pay a $450,000 penalty and will be obligated to devote substantial resources to evaluate and upgrade its sewer systems as part of the decree.

The local water and sewer authority owns and operates hundreds of miles of sewer pipes and associated treatment plants and wastewater collection and conveyance systems, primarily in Bucks County.

The authority’s service areas have historically suffered from sanitary sewer overflows, according to a news release, including more than 100 that have occurred in Plumstead Township since 2014. In that timeframe, multiple overflows have also occurred in Bensalem, Richland, Doylestown Borough, Middletown, Upper Dublin, New Hope, and Solebury.

“The consent decree will mean less sewage in streets, basements, and waterways to improve the lives of citizens in Bucks County,” said U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “We thank the Authority for working cooperatively to reach this resolution that will surely improve public health and environmental quality.”

Sanitary sewer overflows constitute unauthorized discharges of pollutants into waterways. Properly designed, operated and maintained sanitary sewer systems are meant to collect and transport sewage to a treatment facility.

Overflows can occur for a variety of reasons, including severe weather, improper system design, equipment failures, poor management, improper operation and maintenance, and vandalism. Regardless of how they occur, they pose a substantial risk to public health and the environment.

The main pollutants in raw sewage from overflows are bacteria, pathogens, nutrients, untreated industrial wastes, toxic pollutants, such as oil, pesticides, wastewater solids and debris.

The authority cooperated with the investigation, according to the justice department. As part of the settlement, it did not admit liability for the alleged violations.

Along with the financial penalty, Bucks County's sewer authority has agreed to evaluate its collection system and adopt extensive measures to ensure compliance with the federal and state requirements. These include monitoring water flow; modeling the collection system; conducting inflow and infiltration evaluations; identifying and remedying hydraulic capacity limitations; addressing illegal sewer connections; and improving its overall operation and maintenance program.

“We’re pleased that the water and sewer authority has agreed to take extensive steps to upgrade and improve sewer systems for Bucks County, particularly the Plumstead area,” Assistant Attorney General Todd Kim, who works for the Justice Department’s Environment and Natural Resources division, said. “The federal Clean Water Act requires communities to eliminate or reduce their sewage overflows into the nation’s rivers, lakes, and oceans. Today’s agreement furthers that and will result in a cleaner, safer Delaware River.”

The proposed consent decree, which has been filed in the U.S. District Court for the Eastern District of Pennsylvania, is subject to a 30-day public comment period and approval by the federal court. The consent decree will be available for viewing online.

“Protecting the air, land, and water from pollution, while providing for the health and safety of our citizens is the very mission of our agency,” said Secretary Patrick McDonnell of DEP. “We are accomplishing just that through this coordinated and cooperative effort, not only with our federal partners at EPA, but with the Bucks County Water and Sewer Authority as well.”

The case was handled by Civil Chief Gregory B. David, former Assistant U.S. Attorney John T. Crutchlow, and Pamela Lazos, Senior Assistant Regional Counsel for the EPA. Supervisory Counsel William H. Gelles handled the case on behalf of the Commonwealth of Pennsylvania’s Department of Environmental Protections.

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