The Rock Springs Trust, which manages the property that has been, and is, subjected to Delmont Borough’s sanitary sewer system discharges engaged the services of an independent engineer to inspect and to evaluate the containment configurations on the several sanitary sewer manholes situate on the Trust property and on the property immediately adjacent (known as “the Vaia property”), on which also resides the Cramer Pump Station. This inspection was performed on March 19, 2018, and was witnessed by a representative of the Trust, by the Borough’s public works supervisor and a crew member, and by one of the two current chairpersons of the Borough’s sewage committee.
The inspection by the independent engineer confirmed that Delmont Borough has taken action with regard to the manhole configurations to specifically target the Rock Springs Trust property for illegal discharges of untreated sewage from the Borough’s sanitary sewer system into Beaver Run. The independent engineer’s report is pending.
Delmont Borough does not have any NPDES or other environmental permit allowing discharges from the manholes located on the Rock Springs Trust property. Further, neither the Trustee, nor any other representative of the Rock Springs Trust, has given any type of permission to Delmont Borough to use the property in this manner. Rather, Delmont Borough has willfully and with reckless disregard trespassed and acted to commandeer private property for the purpose of illegally discharging its waste into Beaver Run in violation of the PA Clean Streams Law and the US Clean Streams Act and to impose illegal limitations on the use and enjoyment of this private property by the Rock Springs Trust and its beneficiaries.
On March 23, 2018, representatives of the Trust issued a cease and desist letter (copy appended below) demanding 1. that Delmont Borough cease these illegal sanitary sewer system discharges onto Rock Springs Trust property; 2. that Delmont Borough desist from such discharges and any other infringement of or trespass to Rock Springs Trust property rights in the future; and 3. that Delmont Borough confirm by March 30, 2018, via written correspondence, that the Borough has taken appropriate action to meet the demand to cease and desist.