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Advocacy groups threaten to sue

By Steve Ferris 4 min read

“font-family: Dutch811 BT; font-size: x-small;”>Two environmental

advocacy organizations said on Thursday that they intend to sue the

Franklin Township Sewer Authority in Greene County and a sewage

treatment plant in McKeesport for discharging Marcellus shale gas

drilling wastewater into the Monongahela River without a

permit

“font-family: Dutch811 BT; font-size: x-small;”>Clean Water Action,

which has offices across the country, and Homestead-based Three

Rivers Waterkeeper said they served legal notices of their intent

to sue, alleging that the sewer authorities have been discharging

the drilling wastewater without a permit in violation of the

federal Clean Water Act since 2008.

“font-family: Dutch811 BT; font-size: x-small;”>The Franklin

authority discharges as much as 50,000 gallons a day into Ten Mile

Creek, according to the advocates.

“font-family: Dutch811 BT; font-size: x-small;”>The creek is a

tributary to the river and the river is a source of drinking water

for about 500,000 people.

“font-family: Dutch811 BT; font-size: x-small;”>The McKeesport

Municipal Authority discharges as much as 100,000 gallons a day

directly into the river, the advocate said, adding that the federal

Environmental Protection Agency (EPA) and state Department of

Environmental Protection (DEP) were notified about the pending

federal suit.

“font-family: Dutch811 BT; font-size: x-small;”>”We cannot wait any

longer to rely on the state and EPA to act,” said Myron Arnowitt of

Clean Water Action’s office in Pittsburgh. “These sewage plants

have been illegally discharging gas drilling wastewater into out

rivers since 2008 without a permit as required by the Clean Water

Act. They should immediately stop accepting gas drilling wastewater

and if they want to accept it, they should apply for a permit to do

so.”

“font-family: Dutch811 BT; font-size: x-small;”>The DEP has issued

consent orders that reportedly allow the plants to accept and

discharge the wastewater, he said.

“font-family: Dutch811 BT; font-size: x-small;”>”The DEP’s consent

orders are private deals that are negotiated without public input.

The public is not notified and there are no public hearings as

there would be if they applied for a Clean Water Act permit to

discharge appropriately treated Marcellus wastewater. If this

wastewater is as safe as the gas industry says it is, let’s have a

public process so we can see what the impact really is,” Arnowitt

said.

“font-family: Dutch811 BT; font-size: x-small;”>Three Rivers

Waterkeeper executive director Ned Mulcahy said clean water laws

helped area rivers recover from industrial pollution, and the DEP

and EPA should protect the rivers from illegal

discharges.

“font-family: Dutch811 BT; font-size: x-small;”>”Our rivers have

made a miraculous recovery over the past few decades thanks in

large part to laws that protect the public’s right to clean rivers

and safe drinking water,” Mulcahy said.

“font-family: Dutch811 BT; font-size: x-small;”>The DEP issued

strict treatment standards for most oil and gas wastewater sources

in 2010, but the rule exempted existing plants that discharge

Marcellus wastewater and no plant that discharges Marcellus

wastewater is capable of meeting those standards, the advocates

said.

“font-size: x-small;”>

“font-family: Dutch811 BT;”> EPA regional

administrator Shawn Garvin sent a letter this week to DEP Secretary

Michael Krancer saying, Marcellus wastewater discharge permits

issued by the DEP do not require effective processing and

treatment, the advocates said.

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