PHILADELPHIA—Mid-Atlantic Environmental Law Center today announced that PennPIRG, PennEnvironment, and the Delaware Nature Society have reached an agreement with the Kennett Square and the Pennsylvania Department of Environmental Protection regarding years of compliance problems at Kennett Square's sewage treatment plant. Among other provisions, the court-approved agreement requires Kennett Square to:
pay a $94,837 civil penalty;
implement extensive upgrades to the plant;
perform a Community Environmental Project valued at $64,000;
reduce the influent loading to the treatment plant; and
comply with a new discharge permit with new limits on toxic pollution.
"The court's order will help make Red Clay Creek cleaner and more attractive for swimming, fishing and scientific study," said Lyman Welch, attorney at the Mid-Atlantic Environmental Law Center who represented the organizations. The Mid-Atlantic Environmental Law Center is a non-profit environmental law firm based at Widener University's law school. Widener law students were involved at every stage of the litigation.
The settlement will protect the water quality of the Red Clay Creek, which runs south through Chester County and into the state of Delaware. The enforcement case was brought after PennEnvironment and the Delaware Nature Society threatened to file a lawsuit against Kennett Square if PADEP did not act to stop the violations. Becoming involved in the process allowed PennEnvironment and the Delaware Nature Society to improve both the effectiveness and breadth of the permit in order to enforce clean water standards.
"This settlement is important in establishing the rights of citizen-based groups to participate in the permitting process to ensure the protection of the health of residents and the environment," said David Masur, Director for PennEnvironment.
"Fortunately, Pennsylvania's Clean Streams Law allows citizens and citizen-based groups like PennEnvironment to bring legal action against polluters when the state drags its feet," said Masur. "This is a critical component of the Pennsylvania Clean Streams Law."
