York County landfill found liable for 419 water pollution violations over 4 years

• Rachel McDevitt/StateImpact Pennsylvania
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  I report on energy and the environment for StateImpact Pennsylvania at WITF.
  
  My work focuses on responses and solutions to climate change in the state legislature and communities around the state. I trace my interest in these issues back to my time as a Girl Scout and this episode of Rocko’s Modern Life.
  
  I look forward to winter just for the chance to ski a few times each season. I try to keep myself from doom-scrolling on my phone by keeping my hands busy knitting and learning to play the piano.
  
  I grew up in Cambria County, Pa. and graduated from Temple University. I started at WITF just after Christmas in 2014.

 Scott LaMar / WITF

A federal judge has ruled a York County landfill is liable for pollution runoff that violates the Clean Water Act.

In a Monday order, U.S. District Judge for the Middle District of Pennsylvania Jennifer P. Wilson confirmed Republic Services’ liability for 419 violations of the Clean Water Act between July 2019 and April 2023.

This is not the end of the citizen lawsuit brought by the Lower Susquehanna Riverkeeper Association that alleged Republic Services’ Modern Landfill repeatedly violated its permit limits for boron and osmotic pressure, a surrogate measurement for dissolved solids. The pollutants are discharged into Kreutz Creek, a tributary of the Susquehanna River.

No penalty was set in the judge’s order. The matter will proceed, possibly to settlement discussions or trial. The parties are scheduled to meet next by teleconference on May 21.

The state Department of Environmental Protection entered into a consent agreement with the landfill in 2020, after issuing violations to its 2017 water pollution permit. The agreement required Republic to upgrade its wastewater treatment facility and set penalties for each time discharges rose above the permitted levels.

Between July 2020 and April 2023, Republic racked up $77,800 in penalties, according to court documents. Republic has been in compliance with its permit for osmotic pressure and total boron since it completed the wastewater treatment upgrades in April 2023.

In a statement, Republic’s Modern Landfill said it does not comment on pending litigation, but noted the incidents listed in the lawsuit were resolved through the consent agreement.

“These exceedances were due to regulatory changes and other factors, and we proactively worked to address them,” the statement read.

Court documents show Republic does not dispute that it is liable for the 419 violations of the Clean Water Act, but the company argued the violations do not warrant a civil penalty.

The Riverkeeper Association argued Republic’s delayed compliance with pollution limits created an economic benefit of about $4.1 million.

Republic’s lawyers argued the benefit was $569,904.

“This case exemplifies the power of citizen suits,” said Jim Hecker of Public Justice, lead counsel for Lower Susquehanna Riverkeeper. “We look forward to continuing this case and ensuring a meaningful and significant civil penalty is imposed against Republic Services for these violations.”

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