PA Environment Digest Blog: PUC Issues Emergency Order To PA American Water To Operate Troubled East Dunkard Water Authority In Greene County; Lawsuit Filed Alleging Water Tainted By Mine Drainage, Shale Gas Operations

Wednesday, November 1, 2023

PUC Issues Emergency Order To PA American Water To Operate Troubled East Dunkard Water Authority In Greene County; Lawsuit Filed Alleging Water Tainted By Mine Drainage, Shale Gas Operations

On November 1, the Public Utility Commission issued an emergency order authorizing the Pennsylvania American Water Company to manage and operate the East Dunkard Water Authority system upon receipt of a court order appointing PAWC as a receiver for that troubled water system.

The emergency action by the Commission comes in response to a joint petition filed with the PUC by the Department of Environmental Protection and PAWC, in response to a series of incidents that have compromised and/or disrupted water service in the East Dunkard Water Authority system – depriving households, businesses and schools of access to clean and safe drinking water, along with water for sanitation and fire protection.

“Due to the Authority’s failure to effectively and properly operate its water system, which ultimately endangers the public health, safety, and welfare of approximately 1,800 households, businesses and schools and the population of approximately 4,200 located in Dunkard Township, Greene Township, and portions of Monongahela, Cumberland, Perry and Whiteley townships, the Commission has determined it is appropriate to set forth the rights, duties and obligations of PAWC acting as a receiver of the Authority in order to manage and operate its Water System,” noted today’s PUC emergency order, which was signed by PUC Chairman Stephen M. DeFrank.

As noted by DEP and PAWC in their joint petition, PAWC has experienced personnel and substantial public water system operations in southwestern Pennsylvania and has resources and capabilities to oversee and manage the East Dunkard system.

The PUC’s emergency order authorizing PAWC to serve as a receiver for the East Dunkard water system will become effective upon the issuance of a valid court order appointing PAWC as the receiver for that system.

The order also directs PAWC to provide bottled water to customers of the East Dunkard system, as required, between now and entry date of a Commonwealth Court order appointing PAWC as a receiver for the East Dunkard water system.

Additionally, as a receiver, the emergency order directs PAWC to operate the East Dunkard water system in compliance with all state, federal and local laws and regulations, including the Pennsylvania Safe Drinking Water Act – along with maintaining necessary permits, responding to system emergencies, conducting routine maintenance, keeping financial and accounting record, and taking other necessary steps to provide adequate, efficient, safe, and reliable service.

PAWC is also directed to submit an initial status report to the court, DEP, and PUC within 60 days of assuming operations of the East Dunkard water system, as well as subsequent quarterly reports, detailing recommended and necessary capital improvements to enhance system performance, reduce costs and/or comply with existing or anticipated changes to applicable laws and regulations.

The PUC emergency order is separate from any potential future Commission action on a previously agreed sale of the East Dunkard system to PAWC.

Lawsuit Alleging Mine Drainage, Shale Gas Operations Tainted Water

On October 28, customers of the East Dunkard Water Authority filed a lawsuit in Greene County Common Pleas Court against the Water Authrotiy, CNX Resources, Consol Energy and other companies alleging acid mine drainage and shale gas development activities tainted the water supply in Dunkard Creek and affected the health of those drinking and using the water through the Authority’s system.

The lawsuit notes the Authority has had numerous complaints about water quality for more than a decade, including multiple boil water advisories in recent years.

Village Of Reno Water Supply

The Public Utility Commission has issued emergency order like this before.

In August, the PUC issued an order for PA American Water to take over operation of the Village of Reno water supply operated by the Venango Water Company in Venango County after it a source of water was contaminated by a leak from a conventional oil well wastewater storage tank. Read more here.

NewsClips:

-- Observer-Reporter: PUC Emergency ‘Receivership’ Requested For East Dunkard Water Authority In Greene County

-- Observer-Reporter: East Dunkard Water Authority Customers: ‘We’re The Flint, Michigan Of PA;” Lawsuit Claims Contamination By Mine Drainage, Shale Gas Operations Caused Health Problems [PDF of article]

-- Observer-Reporter: East Dunkard Water Authority Treatment Plant Back Online After Shutdown

-- Marcellus Drilling News: East Dunkard Water Users Sue Water Authority, CNX, Others For Tainted Water [PDF of Article] [Copy of Lawsuit]

-- WTAE: DEP: East Dunkard Water Authority System Not Able To Produce Water After Plant Had ‘Breakdown In Treatment’

-- Observer-Reporter: Water Service Disruptions Affecting East Dunkard Water Authority Customers [PDF of Article]

-- Observer-Reporter: PUC Dismisses Joint Settlement, Civil Penalty Against East Dunkard Water Authority [PDF of Article]

-- Observer-Reporter: East Dunkard Water Authority Treatment Plant Back Online After Shutdown

Upcoming Events:

-- PA League Of Women Voters, University Of Pittsburgh Graduate School Of Public Health Nov. 14 Shale Gas & Public Health Conference [PaEN]

-- University Of Pittsburgh Studies Of Shale Gas Development Health Impacts To Be Discussed At Nov. 14 Joint Meeting Of DEP Citizens Advisory Council, Environmental Justice Advisory Board [PaEN]