PA Environment Digest Blog: Instead Of Fines, DEP Agrees To PA American Water Cleanup Of Silt In Roaring Brook, Lackawanna River; Creating Fish Habitat, Natural Enhancements Worth $300,000

Tuesday, June 25, 2024

Instead Of Fines, DEP Agrees To PA American Water Cleanup Of Silt In Roaring Brook, Lackawanna River; Creating Fish Habitat, Natural Enhancements Worth $300,000

On June 25, the Department of Environmental Protection announced it has taken action against Pennsylvania American Water for a sediment release into Roaring Brook, Lackawanna County in February.

The Consent Order and Agreement (COA) calls for PA American to complete over $300,000 worth of work along the stream, to continue the cleanup of the sediment, and conduct monitoring for any long-term impacts.

Through the COA, PA American will implement a Plan of Action, approved by the DEP, and a Plan of Study that includes continued removal of sediment in the creek, additional monitoring for sediment, and a twice-yearly survey on the impact of the sediment on Roaring Brook and the Lackawanna River.

Also, as part of the COA, PA American is undertaking a Community Environmental Project (CEP) that will provide in-stream habitat enhancement features and stream bank stabilization.

The value of the work is estimated to exceed $300,000 and is in lieu of a civil penalty against PA American.

“Every Pennsylvanian has the right to clean water, and the Shapiro Administration is making sure that right is protected by the actions the Department is taking today,” said DEP Acting Secretary Jessica Shirley. “If companies cannot meet their responsibility to not harm a waterway, then they will face consequences, and in this case, a public benefit will result from those consequences.”

On February 4, 2024, DEP was notified of large amounts of sediment in the creek that stretched for over one mile.

It was subsequently determined by DEP staff that the sediment had been released through valves located on the Dunmore No. 7 Dam during rehabilitation work by PA American.

Those valves had not been opened for several years, and a large amount of sediment had built up behind the dam. DEP also determined that the spill entered the Lackawanna River.

The COA calls for PA American to remove excessive sediment from areas of Roaring Brook downstream of the dam, along the Myrtle Street Pump Station, and near a basin by Cedar Avenue.

PA American also agreed to monitor Roaring Brook for additional sediment removal.

In addition to those actions, PA American will perform a cause-and-effect study to determine the impact of the release on both Roaring Brook and the Lackawanna River.

PA American will also submit semiannual reports to DEP for three years after completion of the dam rehabilitation project.

The CEP includes PA American making the following improvements along Roaring Brook:

-- Installation of fish habitat – J-hooks, random boulder placement, and other fish enhancement structures approved by the Department.

-- Stream-bank stabilization along Roaring Brook.

-- The construction of educational features – providing landscape features of native plantings and signage explaining benefits to educate the public.

-- Handicap access – provide a fishing deck with handicap access along Roaring Brook with handicap accessible parking.

The COA calls for PA American to apply for the required permits for the work within 120 days of execution of the agreement, and for construction to begin within 45 days after receiving the permits.

Construction is anticipated to be completed within one year of issuance of all required permits.

Work on the original dam rehabilitation project is continuing.

DEP has approved a plan by PA American to install a temporary bypass for water flow through an existing point above the sediment level and below the dam spillway which will minimize the potential for another sediment release.

The last part of the rehabilitation project involves replacing two 150-year-old valves; DEP is waiting on a plan from PA American to review for that work.

A copy of the COA, including the Community Environmental Project, is available on DEP’s Northeast Regional Office Roaring Brook Sediment Release webpage.

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