Delco agency pays $1.4M over polluting claim

The Delaware County agency responsible for treating sewage from systems that serve 500,000 area residents has agreed to pay nearly $1.4 million to settle a claim it let pollutants seep into Ridley Creek, Chester Creek, and the Delaware River.

In a lawsuit filed last month, the Delaware County Regional Water Authority was 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 Commonwealth of Pennsylvania - marks one victory in an 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 "aging and inadequate sewer infrastructure" across the country.

The settlement, announced Monday, was not the first for the Delaware County authority. Based in Chester and established in 1974, the authority was designed to treat millions of gallons of storm and wastewater each day, including from industrial sources and sewers. It is authorized to discharge pollutants into the creeks and the river as long as it meets requirements that limit the amount and type of pollutants.

The suit alleged that the agency routinely exceeded acceptable levels of pollutant discharge and at times when it was not allowed permitted untreated wastewater to flow directly into the water, posing a possible health risk. According to a statement by the Department of Justice, the agency emitted 739 million gallons of untreated sewage into the tributaries annually. Exposure to raw sewage can cause illnesses ranging from mild stomach cramps to cholera.

"This settlement means cleaner water for communities in the 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 prevent such pollution in the future, 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 $1.38 million settlement must be paid within 30 days, and is to be split between the federal government 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 the site was emitting foul odors.

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 seven million gallons of sewage to spill into the creek.