IN THE COURT OF COMMON mus 01" mm COUNTY, camoNWEALm-or upon Million of rum comma ammv commr vs. N0. 1046 mm?. mammon mumcmu. amount, mum-mm SANITARY LANDFILL, 3 :2 a; a? was-mom wmmc. :42: 35:13 {w momwmuc, :32; 13 WE ?425%; 13mm 3333-. .. CPI commons: pJ mnemm as Cuuhuebyordmasfmm: l. of?efaye?ae 2. ?ll} :1 3. The Defendants are additionally enjoined from sending, or passing through, water, waste, wastewater, discharge, contaminants, ef?uent, pollutants, leachate, sludge, biological processes, or any other substances to the Belle Vernon Municipal Authority. 4. This Order shall remain in effect for 90 days. During this time period, the necessity for any written responses to the complaint will be held in abeyanee. IN WITNESS WHEREOF, the parties hereto have caused this Consent Order to be executed by their duly authorized representatives. The undersigned representatives of the Belle Vernon Municipal Authority and the Westmoreland Sanitary Land?ll, LLC We Westmoreland'Waste, LLC certify under penalty of law, as provided by 18 Peas. ?4904, that they are authorized to execute this Consent Order on behalf of the Belle Vernon Municipal Authority and the Westrnoreland Sanitary Land?ll, and that the Belle Vernon Municipal Authority and the Wesunoreland Sanitary Land?ll, LLC consents to the entry of this Consent Order. FOR THE: FOR THE COMMONWEALTH OF BELLE VERNON MUNICIP AUTHO guano BOWER on Smith, Counsel ATTORNEY, FAYETTE co WESTMORELAND SANITARY LANDFILL, LLC WESTMORELAND WASTE, LLC Kit Pettit, Counsel IS CT ATTORNEY, WASHINGTON C0 BY THE COURT: STEVE P. LESKINEN, J. IN THE COURT OF COMNION PLEAS OF FAYETTE COUNTY. COMNIONWEALTH OF CIVIL ACTION - LAW upon relation of RICHARD BOWER, DISTRICT ATTORNEY FAYETTE COUNTY and EUGENE A. VITTONE, DISTRICT ATTORNEY COUNTY, M49 VS. No. of 2019 GD. TERVITA - ROSTRAVER TOWNSHIP SANITARY LANDFILL, ROSTRAVER TOWNSHIP SANITARY LANDFILL, WESTMORELAND WASTE INC., WESTMORELAND WASTE CORR, AND WESTMORELAND WASTE, LLC i BELLE VERNON MUNICIPAL AUTHORITY, JUDGE Lest-005d DEFENDANT .71? g. ORDER is; I: I dayof ,2019,gi?oa 3g .. consideration of the Petition for Temporary Injunction, by Plainti?s, Commonwealth ?of: against Defendants, it is ORDERED that the Petition for a Temporary Injunction is granted. The Court ?nds (I) that the Plaintiffs have demonstrated a substantial likelihood that the Plaintiffs will succeed on the merits of their claims against the Defendants, (2) that the Plaintiffs will suffer immediate and irreparable harm if the Defendants? conduct remains unabated, (3) that the irreparable injury that Plaintiffs face outweighs the injury that the Defendant will sustain as a result of the immediate injunctive relief, and (4) that the public interest will be served by the granting of the immediate injunctive relief. It is ?nther ORDERED that the Defendants are enjoined from discharging into the Monongahela River any e?luent which contains contaminated chemicals ?'orn the Defendants. The Defendants are additionally enjoined from sending, or passing through, water, waste, wastewater, discharge, contaminants, ef?uent, pollutants, leachate, sludge, biological processes, or any other substances to the Belle Vernon Municipal Authority. It is further ORDERED that a hearing on the Plainti??s Petition for Injunction is scheduled for 9.o?clock #411. before the undersigned in Courtroom (2&4 of the Fayette County Courthouse, 61 East Main Street Uniontown, PA 15401. The Defendant must appear or 3 Bench Warrant will be issued. BY THE COURT: STEVE gfI-z,\ Egg.0. vi-i .Ea'u'imL'" I is; 119.} ZOHHt?Jlr-dm zonal-in?rm CU Supreme ritpf Com [1101171)] eas For Prorlranomrv Use Only: C?u vaersheEt Docket No: some County We QM Way The information collecred an Misfit-m is used sr?cb?for com? administration urpus s. This ?rm does ?or .5'rr/Jp/cw7enr or replace (baffling and seminar ofpfeadings or other papers as rent ire 1' law or rzries ofcozn-r. Commencement ofAction: Complaint El Writ of Summons El Petition Transfer from Another Jurisdiction Declaration of Taking ad Plaintiffb Name Lead De dent?s Name: $01: ?@7Wg?mltn) 64/3922 Lajmw?wk Are money damages requested? El Yes ?33 No (check one) I Dollar Amount Requested: Uwithin arbitration limits ?outside arbitration limits Is this a Ciass Action Suit? Yes RN10 Is this an Appeal? Yes 3 No Name of Plaintiff/Appellant?s Attorney: El Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) you consider most important. Nature of the Case: Place an to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that TORT (do no: inciude Mass Tort) CONTRACT (do not include Judgments) intentional Buyer Plaintiff El Malicious Prosecution a Debt Collection: Credit Card Motor Vehicle Debt Collection: Other Nuisance El Premises Liability El Product Liability (does not include mass tori) Employment Dispute: CIVIL APPEALS Administrative Agencies El Board of Assessment Board of Elections Dept. of Transportation Statutory Appeal: Other Other Professional: SI derfLib' l/ Defamat' Discrimination 031:? ?m El Employment Dispute: Other Zoning Board Other: Other: MASS TORT Asbestos Tobacco El Toxic Tort - DES Toxic Tort - implant REAL PROPERTY MISCELLANEOUS Toxrc Waste El El Other: Jectment . Common Law/Statutory Arbitration Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus Landlord?Tenant Dispute Non- Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PEOEESSIIONAL LIABLI TY 8 Mortgage Foreclosure:Commercial Que Wananto enta Partition Rt. 1le in Legal Quiet Title Ollier: I Medical 3 Other: IhmIN THE COURT OF CONINION PLEAS OF FAYETTE COUNTY, COMLMONWEALTH OF upon relation of RICHARD BOWER, DISTRICT ATTORNEY FAYETTE COUNTY and EUGENE A. VITTONE, DISTRICT ATTORNEY WASHINGTON COUNTY, VS. BELLE VERNON MUNICIPAL AUTHORITY, TERVITA - ROSTRAVER TOWNSHIP SANITARY LANDFILL, ROSTRAVER TOWNSHIP SANITARY LANDFILL, WESTMORELAND WASTE INC., WESTMORELAND WASTE CORP., AND WESTMORELAND WASTE, LLC DEFENDANTS CIVIL ACTION - LAW No. of 2019 GD. JUDGE TYPE OF PLEADING: COMPLAINT FILED ON BEHALF OF: RELATORS: By: RICHARD E. BOWER, ESQUIRE DISTRICT ATTORNEY FAYETTE COUNTY Fayette County District Attorney's Of?ce Fayette County Courthouse 61 East Main Street Uniontown, PA 15401 PA. I. D. NO. 36792 EUGENE A. VITTONE Esq. DISTRICT ATTORNEY WASHINGTON COUNTY 1 S. Main Street Suite 1003 Washington, PA 15301 Tam N0 80778 I - .3 IN THE COURT OF CONIMON PLEAS OF FAYETTE COUNTY, COMMONWEALTH OF upon relation of RICHARD BOWER, DISTRICT ATTORNEY FAYETTE COUNTY and EUGENE A. VITTONE, DISTRICT ATTORNEY WASHINGTON COUNTY, CIVIL ACTION - LAW vs. NO. of 2019 GD. BELLE VERNON MUNICIPAL AUTHORITY, TERVITA - ROSTRAVER TOWNSHIP SANITARY LANDFILL, ROSTRAVER TOWNSHIP SANITARY LANDFILL, WESTMORELAND WASTE INC., WESTMORELAND WASTE CORP., AND WESTMORELAND WASTE, LLC JUDGE DEFENDANTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE BAR ASSOCIATION 100 SOUTH STREET, PO. BOX 186 HARRISBURG, 17108 TELEPHONE: 1-800-692-7375 IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, COMMONWEALTH OF upon relation of RICHARD BOWER, DISTRICT ATTORNEY FAYETTE COUNTY and EUGENE A. VITTONE, DISTRICT ATTORNEY WASHINGTON COUNTY, CIVIL ACTION LAW VS. No. of 2019 GD. TERVITA - ROSTRAVER TOWNSHIP SANITARY LANDFILL, ROSTRAVER TOWNSHIP SANITARY LANDFILL, WESTMORELAND WASTE INC., WASTE CORP., AND WESTMORELAND WASTE, LLC BELLE VERNON MUNICIPAL AUTHORITY, JUDGE DEFENDAN TS IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, AND NOW, comes the Commonwealth of by and through relators, Richard Bower, Esq. District Attorney of Fayette County and Eugene A. Vittone II, Esq. District Attorney of Washington County and ?les this Complaint, the following averments of which are as follows: 1. The Relator, Richard Bower is the duly elected District Attorney of Fayette County with an of?ce address of Fayette County District Attorney's Of?ce, Fayette County Courthouse, 61 East Main Street, Uniontown, PA 15401. Relator, Eugene A. Vittone is the duly elected District Attorney of Washington County with a business address of 1 South Main Street Suite 1003 Washington, PA 15301. . Defendant Municipal Authority of the Borough of Belle Vernon is a municipal authority with a post of?ce address of PO. Box 181 Belle Vernon, PA 15012 and a physical address of 10 Main Street Belle Vernon, Fayette County, PA. . Defendant Tervita Rostraver Township Sanitary Land?ll, is a business entity at Tervita Rostraver Township Sanitary Land?ll, 111 Conner Lane Belle Vernon, PA 15012, with a physical address of 901 Tyrol Belle Vernon, PA 15102. . Defendant Rostraver Township Sanitary Land?ll has an address of 111 Conner Lane Belle Vernon, PA 15012, with a physical address of 901 Tyrol Belle Vernon, PA 15102. . Defendant Westmoreland Waste Inc., has an address at 1428 Delberts Drive Monongahela, PA 15063. . Defendant Westmoreland Waste Corp. has an address of RD #3 Box 60 Monongahela, PA 15063. . Defendant Westrnoreland Waste, LLC, has an address of 1428 Delberts Drive Monongahela, PA 15063. JURISDICTION . District Attorney Bower and District Attorney Vittone are vested under the ?Clean Streams Ac? (35 RS. 691.601- Abatement of Nuisances), to bring actions to abate nuisances which violate the Clean Streams Act. BACKGROUND 10. Tervita operates a land?ll situate in Rostraver, Westrnoreland County, ll. 12. 13. 14. 15. 16-. 17. 18. 19. This land?ll accepts, in addition to normal refuse, cuttings from oil and gas wells drilled in Southwestern These cuttings comprise many different chemicals including but not limited to oil, diesel fuel, phenols and other substances. These cuttings are buried within the land?ll. When rain occurs, water will leach through the cuttings and become contaminated with the chemicals from the cuttings. The Municipal Authority of Belle Vernon is a waste water treatment facility. The Municipal Authority has a contract with Tervita to accept this contaminated water. The water, which is contaminated with the chemicals, is then collected in a pipe which transports the contaminated water to the municipal authority of Belle Vernon waste water treatment facility. The authority has a NPDES permit to treat this water, and following treatment, discharges this water into the Monongahela River. Communities in Washington, Fayette, Allegheny and Westrnoreland all derive some water from the Monongahela River. The Monongahela River is the water source for many communities contiguous to the river including but not limited to Charleroi, Donora, Monessen, Monongahela, and Elizabeth. FACTS On or about August 16, 2018, the Municipal Authority of Belle Vernon noti?ed Tervita by letter that analytical results of a sample of treated water was in violation of permitted standards for certain chemicals. (Exhibit Letter ?onr Walter Ziemba to Tervita which is attached and incorporated by reference thereto as if set forth fully herein). 20. 21. 22. 23. 24. 25. The Municipal Authority investigated this situation and determined that Tervita was sending 100,000 to 300,000 gals/day of contaminated water to the Municipal Authority for treatment. The NDPES permit issued to the Municipal Authority only permits 50,000 gals/ day of contaminated water to be treated at the authority. An engineering ?rm hired by the authority determined that the excess volume of contaminated water ?owing into the municipal authority for treatment rendered treatment of all waste water ineffective and consequently the authority was acting simply as a pass? through for the contaminated water on its way to the Monongahela River. John C. Mowry, P.E., has found that, ?[d]ue to the ongoing discharges, the Belle Vernon Municipal Authority cannot continue to comply with its NPDES permit which causes it to discharge various and unknown pollutants into the Monongahela River, which could serve to effect aquatic life and down river users of the river water for drinking water purposes.? See Af?davit of John C. Mowry, P.E., attached hereto as Exhibit 2. Mr. Mowry further opines, my professional opinion, as the land?ll has shown no ability to bring its wastewater into compliance, Belle Vernon cannot continue to accept leachate ?om the land?ll, as to do so would result in continual ef?uent violations of its permit and ongoing discharges of pollutants into the Monongahela River, threatening the wellbeing of other users of the river.? See Af?davit of John C. Mowry, P.E., attached hereto as Exhibit 2. Mr. Guy Kruppa, Superintendent of the Belle Vernon Municipal Authority, ?nds that ?Although the Pretreatment System was implemented by Tervita, it was completely unsuccessful in treating Tervita?s waste such that its waste continued to contaminate 26. 27. 28. Belle Vemon?s Treatment Facility causing Belle Vernon to continue to receive contaminants it was unable to properly treat before discharging it into the Monongahela River in violation of its NPDES permit.? See Af?davit of Guy Krupp, attached hereto as Exhibit 3. Mr. Guy Kruppa further ?nds that ?Belle Vernon performed additional testing and analysis of Tervita?s waste stream which sits up gradient ?om the Belle Vernon Facility. That testing demonstrated that Tervita?s waste stream was contaminated with diesel fuel constituents as well as oil and grease.? See Af?davit of Guy Krupp, attached hereto as Exhibit 3. The Municipal Authority repeatedly contacted the Department of Environmental Protection about its concerns and in an e?mail dated January 4, 2019 was told: Our Waste Management Folks have talked to the land?ll about entering into a COA where the land?ll will agree 'to pay any penalties for effluent violations at the Belle Vernon plant under that COA. What this does is remove any liability from Belle Vernon for current and past violations. In turn Belle Vernon would need to let the land?ll stay connected to their system. The land?ll is in process of constructing a pretreatment plant. The land?ll will also be looking to take their waste elsewhere after the pretreatment facility is up and running? so they eventually should not be a problem for Belle Vernon. If your client. . . Since this is land?ll leachate it will not go away if the land?ll closes? so the state has some concerns here in reference to continuity of service for the wastewater. (Exhibit E-mail of Leone incorporated by reference thereto as if set forth fully herein). On May 15, 2019, the Municipal Authority upon advice of counsel voted to terminate the contract with Tervita and cease accepting contaminated water from Tervita. This action is to be effective of June 1, 2019. (Exhibit Letter of John Smith, Esq. to Municipal Authority May 13, 2019 which is incorporated by reference thereto as if set forth herein). 29. In exigent circumstances, an ex parte hearing may occur, the result of which is an emergency preliminary injunction. 1531. Relators have no adequate remedy at law to redress the harm and injury that will be caused by Defendants continuing to introduce contaminated water into the Monongahela River, which is source of drinking water and recreation for many communities. 30. The law is clear that: The essential prerequisites of a preliminary injunction are as follows: (1) The injunction is necessary to prevent immediate and irreparable harm not compensable in money damages. (2) Greater injury will result from refusing the injunction than ?om granting it. (3) The injunction restores the parties to status quo ante. (4) The activity sought to be restrained is actionable, and the plaintiffs right to relief is clear. The Woods at Wayne Homeowners Assn. v. Gambone Brothers Construction Co, Inc, 893 A.2d 196, 204 (Pa. Commonwealth Ct. 2006). 31. Upon information and belief, the actions of the defendants are in clear violation of the Clean Streams Act in permitting contaminated water to be introduced into the Monongahela River. 32. Without injunctive relief, the public will be harmed by the introduction of chemicals which are not being tested into the Monongahela River. 33. It is averred that several of the chemicals identi?ed in the contaminated water are known carcinogens and are dangerous to humans. 34. The Commonwealth?s interest in protecting the citizens and ensuring the protection of the environment can only be achieved through the grant of injunction prohibiting defendants ??om releasing into the Monongahela River any contaminants from the Tervita Land?ll. 35. The Relators have noti?ed Chief Deputy Attorney General, Rebecca Franz, about this action. WHEREFORE, the Plaintiff prays that this Court: 1. Preliminarily and permanently: a. Enjoin the Defendants from discharging into the Monongahela River any ef?uent which contains contaminated chemicals ?'om the Defendants. b. Enjoin the Defendants from sending, or passing through, water, waste, wastewater, discharge, contaminants, ef?uent, pollutants, leachate, sludge, biological processes, or any other substances to the Belle Vernon Municipal Authority. c. Grant the Commonwealth of such other and further relief as may be deemed necessary or appropriate. Respectfully submitted, gains, Richard E. Bower, Esquire District Attorney? Fayette County gen A. Vit?tbne II, Esq. Attorney- Washington County me MunicipaiAutZzow?ty of tile Borough ?of-Bram; Vernon, Pa. P. 0. BOX 18'] BELLE VERNON, 15012 I PHONE {724) 929-8138 August 16, 2018 Ref. No. 571-04 Nick Stork Tervita Rostraver Township Sanitary Landfill 111 Conner Lane Belle Vernon, PA 15012 Dear Mr. Stork, Belle Vernon Municipal Authority Landfill Leachate Service Agreement Notification of Effluent Violations and Pass?Through and Interference The Belle Vernon Municipal Authority is in receipt ?of your Form 50 Quarterly Municipal Waste Landfill Leachate Analyses, dated June 13, 2018, Sample ID 10027 for the MH-1 (LEACHATE) monitoring point. The analytical results submitted on the Form 50 Report indicate the sample was in violation of the following Acceptable Waste conditions of the Landfill Service Agreement between the Landfill and the Belle Vernon Municipal Authority dated April 4, 1994: Unacceptable Wastes: ARTICLE t, (4), (8), (10), and Sufficient to cause interference in the operation and performance of the wastewater facilities. The following parameters were measured at levels that exceed wastewater industry standards for the pass?through or inhibition of the activated sludge and nitrification biological process utilized by the Belle Vernon Municipal Authority: . EXHIBIT Certified Letter of Termination Notice Aug 2018 The of the Borough ofBeile V?mon, Pa. F50. BOX 181 BELLE VERNON, 15012 .11 PHONE (724) 929-8138 Tervita Rostraver Township Sanitary Landfill August 16, 2018 -page two- Substance Reported (mg/l) Inhibition Threshold (mgll) Ammonia Nitrogen 631 480 Chloride 3400 180 Magnesium 143 50 Total Dissolved Solids 7000 1000 Barium 7.66 1 Wastes containing any of the following substances in solution or in suspension in concentrations exceeding those shown in the following table: Substance Reported (mg/l) Maximum Permissible (mgll) Total Phenols 1.02 1.0 Iron 0.3 22.7 indicates a surchargeablepo?utant. Surcharge is to be applied for concentrations over 200 mg? up to the Maximum Discharge Concentration. Cerufiad Letter of Termination Notice Aug 2018 Tile MunicipaiAuflzm-ify of ?429 Borough ofBa?e Warren, Pa. Fe 0. BOX 181 BELLE VERNON, 15012 PHONE (724) 929-8138 Tervita Rostraver Township Sanitary Landfill August 16, 2018 -page three- The Belle Vernon Municipal Authority's Wastewater Treatment Plant has experienced pass- through and interference with its biological treatment process over the past several months, and has experienced violations of the ef?uent Ammonia. Nitrogen limits of its National Pollution Discharge Elimination System (NPDES) permit for may and June of 2018. We also believe this pass?through and interference has been occurring well before our current monitoring period. in orderto avoid any future pass?through, process interference, process inhibition or NPDES effluent limit violations the Belle Vernon Municipal Authority is hereby requesting that within forty five (45) days of receipt of this letter, that the Tervita Rostraver Township Sanitary Land?ll fully comply with the following discharge concentrations for discharge of the Landfill Leachate into the BVMA sanitary sewer system: Parameter Maximum Permissible Concentration (mg/l) Phenolics, Total 1.0 Cyanide 0.02 Cyanate 0.02 Iron 0.3 Chrome 0.5 Chrome VI 0.25 Nickel 1.0 Copper 0.2 Lead 0.2 Zinc 0.5 BODS (Biochemical Oxygen Demand 300 Ammonia Nitrogen 300 Arsenic 0.1 Aluminum 25 Barium 1.0 Boron 50 Cadmium 0.5 Calcium 2500 Lead 0.1 Manganese 10 Magnesium 50 Certified Letter of Termination Notice Aug 2018 The Municipal Authority of the Borough ofBelle Vernon, Pa. 0. BOX 181 BELLE VERNON, 15012 3? PHONE (724} 929?8138 Tervita Rostraver Township Sanitary Landfill August 16. 2018 ?page four? The pollutants and the associated Maximum Discharge Concentrations apply to the permitted flow rate of up to 50,000 gallons per day. Failure to comply with the aforementioned pollutant Maximum Discharge Concentrations within the next forty five (45) 'days will result in termination of service per the Discharge Service Agreement and no further discharge of Leachate will be permitted to the Belle Vernon Municipal Authority wastewater treatment plant until full compliance is documented with the BVMA. This request is made under the terms and conditions of the existing Service Agreement to prevent Pass-Through, Process interference, Process Inhibition and to satisfy the NPDES Permit conditions of the BVMA NPDES Permit PA0092355. Please contact us to establish a compliance schedule for the next forty five (45) days. Sincerely, Belle Vernon Municipal Authority Walter R. Ziemba Chairman 571 -04__Aulgusl 16 2013 Land?ll 45 Day Noticiation (1) NORTH BELLE VERNON 306 GRANT ST BELLE VERNON PA .15012-1400 4105560194 08/21/2018 2.08 PM TProduct Sale Final Description Qty Price First-Class 1 $0.71 Mail :0 Lena? (Domestic) met: c. . To VERNON, PA 15012) Pow 35:: i: new 08f21i2018 (Weightzo Lb 1.10 02) (Estimated Delivery Date) ?g (Thursday 08/23/2018) :3 Certified 1 $3.45 ag- Certified Mail (70151520000043322388) Total?w ill-15 Credit Card Remitd $4.15 (Card Name:Discoverl (Account (Approval #:021108) (Transaction #:729) (Entry Mode:Chip) (Application Preferred Name: Discover Credit) (Application Label:Discoveri Required) - Text your tracking number to (2USPS) to get the latest GEatw?. Standard Message and Data rate: may apply. You may also visit USPS Tracking or call WE ii 8 a L43 -. baa: sq'o'?ee cos 8; Fees Receipt analogy? Receipt {decennial .4 331;in One-aim"; 1i ?ins 8?631: C3 Hath? 3591mm Hamil-ad Sfrser anJAp'lTNb., or Na. i .i 96:11wa 1' mil . . Flu-tum POStage U1 r-?l p. Preview your Mail Track your Packages Sign up for FREE a . 'kax? AFEIQAVIT OF JOHN C. MOWRY, RE. I, John C. Mowry, P.E., swear and af?rm that the following statements are true and correct to the best of my knowledge, information, and belief: I. My name is John C. Mowry, RE, and I hereby state that I am a licensed Engineer in the Commonwealth of and I am currently employed by KLH Engineers, Inc. located at 5173 Campbells Run Road, Pittsburgh PA 15205. 2. I have been engaged by Belle Vernon Municipal Authority to provide engineering services related to ongoing operations at the Authority including compliance issues wi?i its NPDES permit received ?'om the Commonwealth of 3. As an Engineer for the Authority, I am aware that the Municipal Authority receives leachate ?om a sanitary land?ll, currently owned by a facility known as Westmoreland Waste, Inc., with a permitee known as Tervita - Rostraver Township Sanitary Land?ll. 4. Based on review of various Quarterly Form 50?s, Municipal waste land?ll leachate analysis provided ?'orn the land?ll, the analytical results revealed that leachate provided to the Municipal Authority for treatment was and continues to be ?unacceptable waste? su?icient to the cause interference in the operation and performance of the wastewater treatment facility. 5. Testing revealed that due to ongoing discharges by the land?ll to the Authority that the wastewater treatment plant has experienced and continues to experience pass through and interference with its biological treatment process over several months resulting in Belle Vernon Municipal Authority violating its NPDES permit and discharging pollutants directly into the Monongahela River. exam i a i 6. On numerous occasions, I met with land?ll representatives and wrote letters advising that failure to comply with the contract by controlling pollutants would result in the Authority?s termination of its contract pursuant to the terms of the Agreement and that no ?rrther discharge of leachate will be permitted to the Belle Vernon Municipal Authority wastewater treatment plant. 7. Ongoing testing revealed that the land?ll continues to deliver leachate to Belle Vernon Municipal Authority in which parameters were measured at levels that exceed wastewater industry standards for the pass-through or inhibition of the activated sludge and nitri?cation biological process utilized by the Belle Vernon Municipal Authority. 8. Due to the ongoing discharges, the Belle Vernon Municipal Authority cannot continue to comply with its NPDES permit which causes it to discharge various and unknown pollutants into the Monongahela River, which could serve to effect aquatic life and down river users of the river water for drinking water purposes. 9. In my professional Opinion, as the land?ll has shown no ability to bring its wastewater into compliance, Belle Vernon cannot continue to accept leachate from the land?ll, as to do so would result in continual ef?uent violations of ?its permit and ongoing discharges of pollutants into the Monongahela River, threatening the wellbeing of other users of the river. I swear and af?rm that the contents of this Af?davit are true and correct to the best of my knowledge, information and belief. . . NDTARIAL SEAL Tamara H. Notary Public Codi Twp.. Washington Court M- Commission Expires my 2 20 will "0 AFFIDAVIT on MR, GUY c. BELLE vamn MUNIQIPAL AUTHORITY 1, Guy Kruppa swear and affirm that the following statements are true and correct to the best of my knowledge, information, and belief: I. My name is Guy Kruppa. I am above the age of eighteen?(18) years old and I am ?rlly competent to swear to all matters contained in this af?davit. 2. I am currently the Superintendent of the BelleVernon Municipal Authority (Belle Vernon). Belle Vernon Municipal Authority is a Publicly Owned Treatment Works (POTW) located in Belle Vernon Borough, Fayette County, upstream from the Charleroi Water Authority located in Washington County, Belle Vernon serves to take in and treat various types of domestic sewage. In this position I am tasked with the responsibility of ensuring that Belle Vernon operates its Facility pursuant to and in compliance with its National Pollutant Discharge Elimination System (NPDES) permit issued by the Department of Environmental Protection (PADEP), NPDES Permit No. PA0092355. Under this permit, Belle Vernon is permitted to discharge, after treatment consistent with its NPDES permit, ef?uent directly into the Monongahela River. The discharge point into the Monongahela River from Belle Vernon?s Facility can be seen in the photo attached as EXHIBIT A. 3. Among other sources of domestic waste, Belle Vernon has had a contract with Tervita/Rostraver Township Sanitary Land?ll also known as Westmoreland Sanitary Land?ll, LLC ('I'ervita), which upon information and belief is owned by Uniontown based Nobel Environmental Inc., to accept for treatment and ultimately discharge into the Monongahela River it waste leachate. ccnucswannrs EXHIBIT The connect provides as does Bette Vernon?s permlt that any Waste? sent to Belle Vernon is Facility by Tet-vita cannot eatisc Belle Vernon to violate the terms of NPDES pemnt 4, In the poet, Belle Vernon Ihas accepted Waste from the Tet-Vita Without incident or causing Bell Vernon?s ef?uent discharge to violate the ef?uent litnitatittns' set forth in it NPDES permit. However, more recently that has changed, 5. In the Spring fof 2013,. Belle Vemon?s e?luent discharge into the Monongahela-I Rivet started to have exceedances of its - pet-nut limitations for multiple parameters, including but not lttnited to Ammonia?Ninogen, As a result of these exceedancos and consistent with the terms of its NPDES permit, 1, on behalf of Belle Venton Municipal Authority, eteettonieoity noti?ed the most-essay of?ling' a Discharge Maniton'ng Reece (DMR) ofthese e?xco'oda'noes. see ExHiBrr In addition, I also noti?ed Belle vetnon Municipal Au?lor'ity?s Engo'nee'ts, KLH Engineets, inc. 2 in order to 'dete?t-tnine the source of the excoedances of .oqntaminants tested for in Belle Vernon's ef?uent discharge. 6. To aetenntne the waste stream sou-toe eeusiug Bette Vernon?s ef?uent to violate its Permit. the waste stream. from Temta was temporanly shut off to Belle Vernon?s treatment facility. During that shut doim whichlasted for approni'tnately'two Weeks, Belle Vembn Municipal Authority santpied its ef?uent streant without any Waste stream from Tor-Vita entering the Belle I._Vomon Treatment Facility Results of that sampling demonstrated that without anyI of the Torsita leachate entenng the Belle Vernon Treatment Facility, the Facility Was able to once again come into cempljianee with its NPDES one not eithieit anyexceedance of-any contaminants in all.- . Once Belle Vernon was able to detemnne that it was the Tervita?s waste stream that was sensing Belle vetoes e?luent discharge into the Monongahela River to Violate the terms of its NPBES permit and diacharge pollutants at unacceptable levels, Belle Verndn through Iny's'elf and its engineers KLH Engineers contacted Temts to advise them of our determination and aSk it start treating its Waste before discharging it to Belle Vernon so that Belle Vernon would not contmue to Violate its NPDES perrmt Although Tervita indicated it Would do Tervit'atook' no such action. As a reenlt Belle Vernon Engineers, wrote to Tervitaadvising them that they wovld shut off the its waste stream if it did not pmperly' pretreat its waste before discharging it to Belle _Vetiion?s Facility. See- EXHIBIT CI, "tict renewed an adequate response from Tervits, KLI-I Engineers contintieid to write and speak 'to. Tervitt'i._ about meannemof its waste sheath prior to its discharge to Belle Vemon?s Facility to no aVail. See EXHIBIT D. Tervita made so attempts to treat the contaminants in its Waste Stream that state causing Belle Vernon?s Facility to continuously violate its NPDES permit Which it centinued to roport to the PADEB. 8. . 'As a result of Tervita?s inaction, I on behalf of Belle Vetnon Contested the PADEP to have them asset in making Terms treat its waste peer- to .dischatging _it to Belle vent-tits Fecility. Ase: several swaths of discussion with the ran-tap ?arid the moss granted 'Iervita a Pretreatment System Penait for its waste stream to implement to treat its waste before sending _it_ to Belle Vernon? Facility. Although that Pretreatment System was implemented by oontammate Belle Vernon?s Treatment Facility causing Belle Vernon to continue to receive teomaminmts it was unable to properly treat before discharging it into the Monongahela River in violation stirs NPDES permit; 9. Once agam, Belle IVemo'In tamed to the PAIDIEIP for assistance with the contaminated waste stream it was recewmg ?gInIi Tervita However; instead of prov1d1ng a [13le and workable solution to this problem the PADBP instead suggested that: ?Our waste management folks have talked to the land?ll about entering into a COA (Consent Order and Agreement) where the land?ll (Temta) will agree to pay any penalties for e?luent wolauons at the Belle Vernon plant under that What this does is remove l1abtl1ty from Belle Vernon foi' current and past lyiolanons In turn, Belle Vernon would need Ito let the land?ll stay connected to their system The land?ll is in the process of constructmg a pretreatment plant.- The land?ll will also be lookmg to take their waste elsewhere after the pretreatment facility is up and running so they eventually should not be a problem for Belle Vernon If yeor client Wants a meeting to discuss ?lrther, Ibefdre we have an overall meeting With all parties; let me know Since this IS land?ll leachate it will not go away if the land?ll Isleses so the state has some concerns hem in reference to continuity of Semee for the wastewater See EXHIBIT PI .10. that the 'sIejliIiItion Was not Workahle nor sewed to correct the issue mid protect dominant censunicrs and 118ch of the Monongahela. Rim,- Belle Vernon Municipal AuthOrity veted to mp1s): the law ?rm of-Smith Blitz aspects --coI1I111se1 to offer a legal opimon as to what BeIle vemon? options Were to comet this s1tuation and come into comphance with its NPDES perm1t To aid in that 0p1mon Belle Vernon performed additional testmg and analysis ofI' 1t Tervrta? waste stream which site up gradient from the Belle Vemdn Facility. That testing demonstrated as that Tereita?s waste stream was with diesel ?le! constituents as wall as oil and grease A?er. sessions test results and as caused to do Smith But'z provtded its legal opinidn recommending that. Belle Vei?hdn to shut eff Tervita?s waste stream to its facility. See EXHIBIT H. ll. Thereafter, on May 15, 2019, concerned and provided with no solution from the PADEP which would stop the ?ow of contaminates from the Tervita Land?ll to Belle Vernon's Facility and in recognition of Belle Vernon?s inability to effectively treat and eliminate all of the contaminants contained in Teryitafs waste at its facility before discharging it into the Monongahela River thereby rendering it a pass through facility, The Board Members of the of the Municipal Authority of Belle Vernon voted to terminate its contract with Tervita and shut off it waste stream to Belle Vernon's facility as of June 1 in order to stop Belle Vernon?s facility for being a mere pass through for contaminated waste to enter the Monongahela River and to stop untreatable contaminated waste ?'om entering into the River and effecting users in Fayette and Washington Counties. NOTARIAL SEAL Billti. Notary Pu?lc ., My Entree my 2920 - . i i i ?W'm :maa .m am. . ?-395.10.? n-W' W. 'nav. 312012 comm OF . DEPARTMENT OF ENVIRONMENTAL PROTECTION ?5 BUREAU OF CLEAN WATER DISCHARG PORT (BUR I ??9me mm NAME. BELLE VERNON Hum ALITI-I PW ?1 Rear! w- norm: ADDRESS P0 am: 1'1. BELLE VERNON PA. 15:12-01:11 95mm NUMBER WALL NUMBER UMP: it 2-2" FACILITY BELLE VERNON mum? LOCATION FIRSTAVE. BELLE VERNDII PA. 15012 MONITORING PERIOD Perm? Exp ms. 125211321 STAGE Final Elam: .. .. Fermi nput-aim Due W21 YEAR IND DAY YEAR MD DAY "a [In FROM 2013 05 01 To 21!? 05 31 PARAMETERS REPORTED VALUES PMAI QUANTITY OR LOADING WIN DR CONCENTRATION LE TYPE SAMPLE VALUE VALUE UNITS - VALUE VALUE. VALUE UNITS Oman um mm 5.3 m' . Gal Pamlummw? 4.. a? uh pH am" humanSmall ?autumn 121.! hilly an Him I'm-h Him Mill- mun-turn mun-sum an -- may -- mm 1? Nm-Mu?m?l II mm mil- s? mm 1 a um Emma-nun Hui-r: mi we" mm mum Nil! mm mm ?9 Palm MIWIMM MI Gui Pan-I MW an. Mimic! Chin-I1 Mad m: Summ- mm Rh um MGM Pauli mud l-Hr 1M Mill mm am Dunn muons; Sum? lam-mum! an: an 1' cumi- um magma-u ?Tm Wilma mm Imu- mammal 5am 5amBMW Mum-pm mam mm mm mm Firm cumin Privacy Polk-.9 annuity Policy M18 Commonwu?h Of Pennsyivanla. All Blunts Reserved MM.M mmaml?sum 32012 ?5 ?Luau-kw Wm wa . :?Wam ATTACHMENT OF DEPARTMENT OF ENVIRONHENTAL PROTECTION BUREAU OF CLEAN WATER DISCHARGE mounomnc REPORT (Dunslaw-annual: an.- gamma: I alumna-unp- I cam am: I 1 wanna mm 9: 1 COHENTSDETAILB owa-arm mm i manual-uh- l? mamm- I SUBMISSION INFORMATION SUBMITTED BY WmnEhmem-Adaam?edm January TELEPHONE DATE GREENPORTUSER 5 Basoumyour-mulyul AREACOUE NUIJBER 201B . 5 1 . SUBMITTEDBY DAY mums AREAGODE NUMBER YEAR "0 mum-arm I. Prwacy Po?fy Security Policy CopyrighthI-i Con-monwcah't' of All Rights Reserved August 16, 2016 Ref. No. 571-04 Nick Stork Tervita - Rostraver Township Sanitary Land?ll 111 Conner Lane Belle Vernon, PA 15012 Dear Mr. Stork. Belle Vernon Municipal Authority Land?ll Leachate Service Agreement Noti?cation of Ef?uent Violations and Pass-Through and Interference The Belle Vernon Municipal Authority is in receipt of your Form 50 Quarterly Municipal Waste Land?ll Leachate Analyses, dated June 13, 2018, Sample ID 10027 for the MH-1 (LEACHATE) monitoring point. The analytical results submitted on the Form 50 Report indicate the sample was in violation of the following Acceptable Waste conditions of the Land?ll Service Agreement between me Landfill and the Belle Vernon Municipal Authority dated April 4. ?394. Unacceptable Wastes: ARTICLE I, (4), (6), (10), and - Suf?cient to cause interference in the operation and performance of the wastewater facilities. The following parameters were measured at levels that exceed wastewater industry standards for the pass-through or inhibition of the activated sludge and nitri?cation biological process utilized by the Belle Vernon Municipal Authority: Reported (mgII) inhibition Threshold (an) Ammonia - Nitrogen 631 480 Chloride 3400 180 .. - Magnesium 143 50 Total Dissolved Solids 7000 1000 Barium 7.66 1 Wastes containing any of the following substances in solution or in suspension in concentrations exceeding those shown in the following table: Substance Reported (mgll) Maximum Permissible (mgil) Total Phenols 1.02 1.0 Iron 0.3 22.7 571-04_Augusi 16 201B Land?ll 45 Day 17,13 um ?Wm? ?emu-ammo! arm-mm mun-Inlays?mu? Tervita Rostraver Township Sanitary Landfill August 16, 2018 -page two- The Belle Vernon Municipal Authority's Wastewater Treatment Plant has experienced pass? through and interference with its biological treatment process over the past several months, and has experienced violations of the ef?uent Ammonia Nitrogen limits of its National Pollution Discharge Elimination System (NPDES) permit for May and June of 2018. We also believe this pass-through and interference has been occurring well before our current monitoring period. In order to avoid any future pass?through. process interference. process inhibition or NPDES ef?uent limit violations the Belle Vernon Municipal Authority is hereby requesting that within forty ?ve (45) days of receipt of this letter, that the Tervita Rostraver Township Sanitary Land?ll fully comply with the following discharge concentrations for discharge of the Landfill Leachate into the BVMA sanitary sewer system: . Parameter Maximum Permissible Concentration (mgll) Phenolics. Total 1.0 Cyanide 0.02 Cyanate 0.02 Iron 0.3 Chrome 0.5 Chrome Vl 0.25 Nickel 1.0 Copper 0.2 Lead 0.2 Zinc 0.5 BOD5 (Biochemical Oxygen Demand 300 Ammonia Nitrogen 300 Arsenic 0.1 Aluminum 25 Barium 1.0 Boron 50 Cadmium 0.5 Calcium 2500 Lead 0.1 Manganese 10 Magnesium 50 Mercury 0.01 Sul?de 25 Sulfate 50 Surfactants (MBAS) 100 Total Dissolved Solids 1000 Chloride 180 Color 15 (Color Units) Turbidity 5 (turbidity Units) indicates a surchargeable pollutant. Surcharge is to be applied for concentrations over 200 mg/l up to the Maximum Discharge Concentration. 571-O4__Augusl 15 201E Landflil 45 Day Hawaiian Leuer_JCM_y.i__uB 17.1518} 13m..ww.;c .an'l .uui . in.? nun-901k!? - 'u Tervita Rostraver Township Sanitary Land?ll August 16, 2018 -page three? The pollutants and the associated Maximum Discharge Concentrations apply to the permitted ?ow rate of up to 50,000 gallons per day. Failure to comply with the aforementioned pollutant Maximum Discharge Concentrations within the next forty ?ve (45) days will result in termination of service per the Discharge Service Agreement and no further discharge of Leachate will be permitted to the Belle Vernon Municipal Authority wastewater treatment plant until full compliance is documented with the BVMA. This request is made under the terms and conditions of the existing Service Agreement to prevent Pass-Through. Process interference, Process inhibition and to satisfy the NPDES Permit Conditions of the BVMA NPDES Permit PA0092355. Please contact us to establish a compliance schedule for the next forty five (45) days. Sincerely, Belle Vernon Municipal Authority Walter R. Ziemba Chairman 5?104_August is 2016 Land?ll 45 Day Nouoallon Leller_JCM_1u_OB 17 13 ENGINEERS. INC October 12. 2018 Ref. No. 571-04 Mr. Nick Stork Noble Environmental 111 Conner Lane Belle Vernon, PA 15012 Dear Mr. Stork: Belle Vernon Municipal Authority Non Compliant Land?ll Leachate Waste Stream This letter serves as a follow up to the Authority letter dated September 27. 2018 regarding termination of leachate treatment at the Authority?s WWTP. Our Intent was to terminate your treatment service on October 15. 2018. As this time has passed. we have contacted the Department of Environmental Protection (DEP) and noti?ed them of the continued ef?uent viclatlons at the WWTP being caused by your facility. By way of this letter we are giving you an additional thirty (30) days to bring your waste stream into compliance. During this time period we are requesting the DEP's assistance into this matter. Please contact us at your earliest convenience with a schedule to bring your waste stream into compliance. Very truly yours. KL INEERS, INC. j; _.Mowry,P.E, cc: Chris Kriley Scott Swarm BVMA 571mm? Nulldallcn Latter Fdlawtlp_JCM_sIc_10.12.ta 'i 5173 Cowbell: Run Road Pittsburgh. PA 15205 Phone: 412.494.0510 Fax: 412.494.0426 hto?klhangineeracom m1? Mama-m. W. W. may. no MunfoipalAutho?ty ofthe Borough ofBe?e Vernon, Pa. 2 0. BOX 181 BELLE VERNON, 15012 PHONE (724)929-8138 -. . . . - .. September 27. 2018 Ref. No. 571-04 Mr. Nick Stork Noble Environmental 111 Conner Lane Belle Vernon, PA 15012 Dear Mr. Stork: Belle Vernon Municipal Authority (BVMA) Land?ll Leachate Service Agreement We are following up our letter of August 16. 201 8. regarding termination of wastewater service to your facility. As of the date of this letter. we have not received any type of corrective action plan or have not seen any improvement in your waste stream. Since thewaste stream has not improved, on October 15, 2018. the BVMA will be blocking your wastewater flow at the manhole located at Tyrol Boulevard below the land?ll. Belle Vernon Municipal Authority Walter R. Ziemba Chairman Sincerely. Landfill llnal notice 12I2016 COMMONWEALTH OF 1 DEPARTMENT OF ENVIRONMENTAL PROTECTION I A. BUREAU OF CLEAN WATER Wm emnamwu DISCHARGE MONITORING REPORT (ONIR) NAME: BELLE VERNON mum AUTH ?0092355 001 Reporting Fraquancy: my: ADDRESS: PO BOX 181. BELLE VERNON PA, 15912-0181 PERMIT NUMBER OUTFALL NUMBER DMR Effective Front 1010112013 FACILITY: BELLE VERNON STP DMR Effective To: LOCATION: FIRST AVE. BELLE VERNON PA. 15012 PERIOD Permit Expires: 1261:2021 STAGE: Final Ef?uent Permit Application Due; 07mm NO Discharge: EI YEAR MO DAY YEAR MO DAY FROM 2018 10 01 TO 2018 10 31 PARAMETERS REPORTED VALUES MET ER QUANTITY OR LOADING OR CONCENTRATION SAMPLING VALUE VALUE UNITS VALUE VALUE VALUE UNITS an 1? my ?m 07199011 (00300) ?mm - 5.3 91-! (mm WW I -- -- -.- 3.5 7.3 s.Bonds (00530] Sample Mm 10m 1423 [balmy 19.0 25.0 mm 1M- WW 37137 .357 - as" 15' - 153.? 2?.0 ?19'1- mm-Nilmgm (00610] Mammal Purim-umMam summon} Misha-autumn I .392 1.52 NOD - WWM j: '(W??abul. .mqnupon I I azu- 55.0 . 1mm Ali-purl mulch WM 103:: NOJ1DO mi? (5104:) annual! Mount-um! I Faun cum muss} MOW -- - m- 11.0 122 MIL 291 25 37.5 OW-alom Damn Demand {09006) (m2) Sal-mph man-am Haze 19! 'Av? Mo WM: Ma HO wily menu-Imam 31M 1m 1M Cork 1H -1m 1m 1m 1M: 1M- aun-rm 1am: "Iw?u 3800-FM-BGW0462 1212016 COMMONWEALTH OF DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF CLEAN WATER i DISCHARGE MONITORING REPORT (DMR) 2018-11-25? 2015-1 1-261?1 1:15:48-05530 WW et- mm I LimltIType- - -I ,x-iIlIrrI'norIIle-lililrogen mm 27 25 mil.Ing-gW?vz-I: v? 1 - .. (in; we?? "l?fh' 1: .5 .q . ..-.. .- . .. . i .4 h" ?air-{3? 5?5: '9 . :33" E. I, . - - ast?r we; Agent Sublime- Evaluation Venn-(gall Duration mum-rs macaw-lore Coliseum med Discovered ReporledV-lue OTHER VIOLATIONS master I female 1 emu-um": I Operator Certi?cation [lumber GOHHENT DETAILS came-nu Damn-m- Bur We! 8UBMI83ION INFORMATION January 15. 2002. you are about to engage in an TELEPHONE SUBMITTED BY *Pursuant to the GREENPORT USER electronic transaction with the of You are submitting of?cial information. You certify under 6 Krup penalty of law that this down-rent and all attachments were prepared under your direction or supervision in accordance with a 434-3 system designed to assure that quali?ed personnel War and euehate the information submitted. Based on your Inquiry of (724) the person or persons who manage the system or those persons directly responsible for gathering the infonnatlon. the I ?"9939" information submitted h. to the best of your knowledge and belief. true. acme-ate and complete. You are aware that any false SUBMITTED BY . ltiee. including 18 as. section 4904 (relating to unsworn FULL NAME AREA CODE statement may be subject to substantial civil and criminal pone falsi?cation to authorities). _m-h-In?nb- . rue-Au 3800-FM-BCW0462 1 21201 6 pen tar?.mnmewroralmnm NAME: ADDRESS: FACILITY: LOCATION: STAGE: BELLE VERNON 8T Influent PARAMETERS REPORTED VALUES BELLE VERNON PO BOX 181, BELLE VERNON PA. 15012-0181 FIRST AVE, BELLE VERNON PA, 15012 COMMONWEALTH OF DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF CLEAN WATER DISCHARGE MONITORING REPORT PWSS W1 PERMIT NUMBER OUTFALL NUMBER Reporting Frequency: DMR Effective From: DMR Effective To: Permit Expires? MONITORING PERIOD YEAR MO DAY YEAR MO DAY Nan-Discharge: FROM 2018 10 01 TO 2018 10 31 Permit Application Due: PARAMETER QUANTITY OR LOADING QUANTITY OR CONCENTRATION VALUE VALUE UNITS VALUE . VALUE VALUE UNITS mun-mm 520.1 14215 May 144.1 251.9 mu. ?-Mdr'uilur'anapm' man-pm - mm. male Warm . 800.2 1348.1 ?ddly 116.0 236.? mull. ?Ham: ="-m-mapnn mm am -: .- . Mural-upon -- mun. . WM: . . Facility com-nu 1212018 we . mu. NAME. BELLE Al?? ADDRESS LOCATION STAGE BELLE VERNON FEST AVE. um: um PA. Final mum: PARAMETERS REPORTEDVALLIES roaoxuumamon WALTH OF OEPARTHENT OF ENVIRONMENTAL PROTECTION BUREAU OF CLEAN WATER DISCHARGE MONITORING REPORT (OMB) PERMIT MMBEH NUMBER WW mam-rm MONITORING PERIOD Pentium DAY YEAR Mam? YEARMO I II TO 2013' HOME: mm mm: ma mama-51 PARAMETER GI mums SAMPLING mama? UNITS VALUE mam-um ind-Ilium 2:23;? mun-um. mum-n- Iii?! In?ll-mm I ll Sii?? E: I 1! ga?gg?aiy 'Eii? gil- ii-a?-EII I: 1' il 1! ii II ?Il_ i3; e: u: min-ms. I ?is .5- P?m Policy [Security Policy Commonwealth of All Rights Hammad wu- van-p- W2 1212018 cmamm OF DEPARTMENT OF METAL PROTECHON BUREAU OF CLEANWATER a . DISCHARGE MONITORING Rmm' (Dun) 3mm MI mm mess: 90mm, BELLE 139139131 mm mam WALL mam [mm ?mm. mm mum mm mm STAGE: In?ll"! YEARIIO MY YEARMO DAY 3M MLING mm HMPLING TYPE hillunmade-mi hull-W ?ai?ii Privacy Policy sebum Policy Copyright M13 commonwealth of All Rights Reserved "mm-v gnaw-M Nun-Wm 41.3.353: ?525.52: 5:258 ?33 29.38 3:8 9.35 5.2. maid? >3 D: Em} mg moon?(mmnull 2. 3: 3.5.3.. .5: ugh?.9 u?sgjibiigu?g?igfligsgzitg? NED gash-RF "mun?EEG .3315. . Isl?lo lls-lo gush; 3E9 Eli's Inn-ii: Ens-ii?! waging-mung MAIN. I .3. Hwai}; . . .. 33555.58. 5.!Igig i {slinging}: {Fl-ll. Evils: Sarcasm: mugswu?zuen 55324.5". 3.7m: ?cwz?mcca?. zquEoE 15:55 3 Emma no Edy-3:03:00 .55, season; sum-acme: 1212016 COMMONWEALTH OF TPARTMENT OF ENVIRONMENTAL PROTECTION . I. . BUREAU OF CLEAN WATER if nonrromus REPORT (DMR) "53075 NAME BELLE VERNON mum mm ?0092355 I 3L ?1 ?1 nemng me- rim-- mnness pa aux m. BELLE venom: u. ?mu-om 95mm NUMBER {amp-ALL NUMBER DMR E?adm rum mm E?ewve Tu 05:31:: FACIIJTY BELLE VERNON 511? LOCATION FIRST IVE. BELLE VERNON PA. 15.12 I MONITORING PERIOD 12?" P: STAGE Final Ef?uent Pam! Appusalron Due- 0313.4123Nam FamE'zm a: TD ms ml :11 PAWS REPORTED VALUES aum?lw FLOA ms mum-no no? a DNGENTRA 5mm mamas m5 PARA ETER VA LUE VAL LIE 0W5 VALUE VALUE VALUE UNITS Dam Organ mmHum! Mm Q9 50 Elli MI: 1 TIM We Still: mam lull-9W a: if Mia? :4 0 II a nuJmama-noun mung-mm?; WW ml. . um I?ll! mu. 1% mam mum-m as - MnMED {new mu- Flu Mum-m 451 MW Hm a ?aw Main-- 5 From Paulman-am mun-pun . um Wm Nu 9? ran! Balm [?0557 5mm HOW ?ll-n mm 2M as Gab Guam i a m1 ?ram-nan: mam Mum-I awn-v mamasnmn sum Mum :3 1 an .. -. a? cam-?mug mum MM Min-Ills .. Privacy Policy 1 Security Pulley Copyright a Commanwealth All Rights Reserved .. 4: wm' 'uwm urm! Dar-our: cw: ..pen: 3ny a*1_ia Fa NAME. ADDRESS FACILITY -BCW04 2 12f201fa ?Emir?!- EELL 3' VERMEER :23 1111,3945 mm m; ammo VERNON 5913* AVE. BELLE venuou PA. 15012 2w: wring COMMONWEALTH OF PENNSY. DEPARTMENT OF ENVIRONMENTAL - BUREAU OF CLEAN DISCHARGE MONITORING 1 BER) "muss "a .1 DUI NUMBER PE Report?s-g Fraquenny DMFI E?m le'n' DMR E?oam To Penna Bums - Penn? When Duo YEAR MO DAY IYEAR FROM 2018 ram: onto-mm mums 12!!?2021 ?mamas El PARAMETERS REF QUANTITY on Lemma a mv on coucsm?m VALUE VALUE Imrrs VALUE VALUE VALUE UNITS SAMPLING FREQUENCY 1m SAMPLING TYPE human:- harml? q-I- 1mm sum-W nu was. 13: non mun. MW mam Hawthorn! woman-non mam Ml"! WM WM 1m 1m er Mum Clum- ?Iotd Sill-d: sum Wu mil 6? 3 man,- I I: 159.! um mam whim mam manna-pm man-pun Mm MM Mlle MUM Hit em? 1 ?My tom-arm Privacy Policy Security PoIIt'y Copyright @2016 Commonwealth of nights Reserved aano-m-acwnm 1212015 comma? OF pennanvmn OEPARTNIENT OF ENVIRONMENTAL PROTECTLCIN BUREAU OF OLEAN WATER .- maggmr mung-warm. DISCHARGE MONITORING REPORT . u: ATTICHMENT DETAILS run Nun- Minimum ?mu-1n .13..-. .. . ?l v. . avg. Mam v1.3" 1 um?- [mw-?j !uun_ua ll um- - if? ave-Halon] mm I Jill I . ark-3L - was? . . ?w?l?mmin i -u - i 19m. 1 mu I SUMTTED BY 'Pursuunl in the Pemrw- mm L-lr -mm??mm MI - Ad 69. a?m Janna-y 15; 2002? you urn about! In engage m- GREENFORT dual 1 . . DATE Guy ?fl-?2p! iha manor parsg'n?i who mmaga mo mum or I?m-ii" ?agging? mm cons NUMBER lamination in animus]. Piivacy Policy I Security Policy Copy?ght-um? Continuum of All Rig- hi" ltw'rar-w :1 .- 'w?ruw m'w -W m: W'Wmm-Mu We?? mm" era?m? may? Ill'athii'H-zl . FW: Belle Vernon STP From: John Mowry To: 'gokmabv@aol.com' Subject: FW: Belle Vernon STP Date: Fri, Jan 4. 2019 7:39 am John C. Mowry, RE. Email: Of?ce: 412.494.0510 Ext. 127 Fax: 412.494.0426 hemklhengmeeraoom From: Leone, Donald Sent: Friday, January 04, 2019 7:36 AM To: John Mowry Cc: Kriley, Christopher Greenwald, Stacey Subject: Belle Vernon STP Importance: High John, Our Waste Management Folks have talked to the land?ll about entering into a COA where the land?ll will agree to pay any penal es for ef?uent violations at the Belle Vernon plant under that COA. What this does is remove liability from ?e Vernon for current and past violations. In turn Belle Vernon would need to let the land?ll stay connecte their system. The land?ll is in process of constructing a prelreatxnent plant. The land?ll will also be looking to take their waste elsewhere after the pretreatment facility is up and running so they eventually should not be a problem for Belle Vernon. If your client wants a meeting to discuss further before we have an overall meeting with all parties let me know. Since this is land?ll leachate it will not go away if the land?ll closes so the state has some concerns here in reference to continuity of service for the wastewater. EXHIBIT Let me know if you want a preliminary meeting. 3 FW: Belle Vernon STP Thanks. Donald J. Leone. RE. 5 Environmental Engineer Manager Department of Environmental Protection Clean Water South West Regional Of?ce Building 400 Waterfront Drive Pittsburgh. PA 15222 Phone: 412.442.4059 Fax: 412.442.4328 mam h?psa?lmallnoloorrdwebm ail-stolen-usIPrinwassage luau.- a. 41mg: 9' Meeting From: John Mowry <3mowry?klhengineers?om> To: 'gckmabv@aol.com' Subject: Meeting Date: Thu. Jan 10. 2019 7:55 am Our meeting is set with at 9:30 on the John C. Mowry, P.E. Email: jmm?khggingerscom Of?ce: 412.494.0510 Ext. 127 Fax: 412.494.0426 KLH I ?t L-J-H. a ?Hui. .camfwabrn a?-stdren-uafPrinlMessage 1H ?wk?hw WW 3?le a: mom: Road 415mm . -- More. Paglia w: am min-noun ma chrome; PA moo 233:3: 3:33:33 F. 455-428! - . SERVICE LABORATORIES. INC. ma'emw men: 41m 43-0493: 30 April 10l9 Belle Vernon Borough Municipal Authority Work Order: 50-11623 Ann: Ron Krepps Project: Leaelme PO Box [81 Project Description: Leaehl'e Belle Vernon. PA 15032 Report of Analysis Sample Client Sample ID Lab Sample ID Man-l1 Date Sampled Date Received Nam Landfill Lucille 90416284" Water 04 17:10? 08:00 4 ITFI9 12:40 T?p Blanks Bil-"628412 Water 04172019 12:40 Repo? Narrative The lazuli: contained in this teporl are only momentum ofthe samples touched. Ensiromntal Smite Labonloties. inc. Is not responsible for use or interplelnlion of the data included herein. Bellnilians ML Matrix Spike recoveu' fell below the labor-allot) acceptance criteria: result Ina} be biased Ion. LL Laboratory annual ample below acceptance crises-in, result may be biased Ion. The reported value is I'm dilation. in. Reporting Limit Cet??eatlons Analyses perfumed by Service laboratories. inn. ludiona PA unless surmise speci?ed. 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Jan 4. 2019 7:39 am John C. Mowry, P.E. Email: Of?ce: 412.494.0510 Ext. 127 Fax: 412.494.0426 bulimia? tgincerscoin FELH - From: Leone, Donald [mailtozdoleone@pa.gov] Sent: Friday, January 04, 2019 7:36 AM To: John Mowry Cc: Kriley, ChristOpher Greenwald, Stacey Subject: Belle Vernon STP Importance: High John, Our Waste Mana ement Folks have talked to the land?ll about entering into a COA where the land?ll will agree to pay any penalt es for ef?uent violations at the Belle Vernon plant under that COA. What this does is remove liability from is Vernon for current and past violations. In turn Belle Vernon would need to let the land?ll stay connecte} to their system. The land?ll is in process of constructing a pretreatment plant. The land?ll will also be looking to take their waste elsewhere after the pretreatment facility is up and running so they eventually should not be a problem for Belle Vernon. If your client wants a meeting to discuss further before we have an overall meeting with all parties let me know. Since this is land?ll leachate it will not go away ?if the land?ll closes so the state has some concerns here in reference to continuity of service for the wastewater. - Let me know if you want a preliminary meeting. 4I4I2R1-9 FW: Belle- Vernon STP Thanks. Donald J. Leone. RE. i Environmental Engineer Manager Department of Environmental Protection Clean Water South West Regional Of?ce Building 400 Waterfront Drive Pittsburgh, PA 15222 Phone: 412.442.4059 Fax: 412.442.4328 Members of the Board of The Municipal Authority Of The Borough of Belle Vernon PO. Box 181 Belle Vernon, 15012 May 9, 2019 Dear Board Members: As you are all aware, your Board retained the services of our Law Firm to review documents and contractual waste stream issues in order to provide recommendations regarding the Land?ll Leachate from the Rostraver Township Sanitary Land?ll that The Belle Vernon Municipal Authority is currently under contract to accept and treat. Based upon our review of documents provided by The Belle Vernon Municipal Authority (?Belle Vernon?) to date, as well as conversations with the Authority?s Supervisor, Guy Kruppa regarding his meetings . and conversations with the Department of Environmental Protection and Tervita Rostraver Township Sanitary Land?ll (?Tervita?), it is our recommendation that Belle Vernon advise Tervita in writing that Belle Vernon will no longer be accepting any Land?ll Leachate from its. site per the Sewage Service Agreement (the ?Agreement?) between the parties and that the waste stream from its facility will be shut off consistent with the terms of the Agreement. (See Agreement attached as Exhibit A) We also recommend, pursuant to Belle Vernon? 3 National Pollution Discharge Elimination System Permit (NPDES) Section that Belle Vernon immediately notify the known users of the Monongahela River of the speci?c parameter discharges that exceed Belle Vernon?s NPDES permit. These recommendations are the result of our Firm?s review of the available Tervita waste stream testing results in the form of Form 50 Quarterly Municipal Waste Land?ll'Leachate Analysis (Form 50) prepared by Tervita which demonstrates that multiple parameters tested for exceed the wastewater industry standards for the pass-through of sludge and nitri?cation of biological processes utihzed by Belle Vernon including Ammonia-Nitrogen, Chloride, Magnesium, Total Dissolved Solids, and Barium. Further, both Total Phenols and Iron in Tervita waste stream samples exceed in solution or suspension concentrations. These exceedances in the Tervita waste stream are a clear violation of Article I, Section Belle Vernon Board Members May 9, 2019 Page 2 of 7 (4), (8), and (10) (as set forth below) which provide a legal basis for shutting down Tervita?s waste stream to Belle Vernon, as well as termination of the Agreement itself. Article 1, Section of the Agreement provides that Belle Vernon cannot accept ?Unacceptable Waste? which includes any discharge to, the Borough Authority?s wastewater facilities that ?cause interference in the operation and performance of the wastewater facilities.? Pursuant to the engineering documents provide to us and discussions with Guy Kruppa, it is our understanding that Belle Vernon has experienced signi?cant interference with its biological treatment process which has subsequently resulted in reportable violations under Belle Vernon?s NPDES permit for multiple reporting periods due to Tervita?s discharge of ?Unacceptable Waste?. Further, Section of the Agreement sets forth that Unacceptable Waste includes any discharge to Belle Vernon?s facility that ?contains noxious, malodorous gas or substance which is present in quantities that create a public nuisance or a hazard to life?. Clearly, the exceedances of multiple contaminants demonstrated in the testing of Tervita?s waste stream, resulting in violations of Belle Vernon?s NPDES permit, has the potential to create a public nuisance. In fact, due to=Tervita?s waste exceeding the regulatory levels for multiple parameters, including but not limited to Ammonia?Nitrogen, Belle Vernon?s ef?uent testing that has been documented since May of 2018, evidences some exceedances of the same parameters in Violation of Article I Section and (A) (4) of its NPDES permit. As a result of Belle Vernon?s ef?uent exceeding regulatory standards, in compliance with its NPDES permit, Article Section and (5), Belle Vernon appropriately reported all exceedances since May of 2018 through its discharge monitoring reports (DMRs) submitted electronically to the PADEP. Recently, on April 17, 2019, a sample of Tervita leachate stream was taken and tested by Belle Vernon for a number of parameters, including oil and grease and constituents of diesel fuel. Mr. Kruppa did show us a sample of the waste stream tested which clearly exhibited an oil/grease sheen and had a pungent and distinct odor of diesel fuel emanating ?'om it consistent with observations made at the plant by Mr. Kruppa. (See photos of Tervita waste stream sample attached as Exhibit B) Given the noxious and malodorous characteristics of the waste stream sample, the concern was that Tervita?s waste land?ll leachate could be in violation of Section of the Agreement. Moreover, Section of the Agreement states that Unacceptable Wastes are those that ?contain any odor or color producing substances exceeding concentration limits which may be established by the Borough Authority for purposes of meeting the Borough Authority?s permit?. Again, in the samples of Tervita?s waste stream that Mr. Kruppa has witnessed in the past few months and most recently has shown to us, it is dark black in color with an apparent ?oating oil and grease sheen which is a violation of Section of the Agreement. Belle Vernon Board Members May 9, 2019 Page 3 of 7 Due to the visual characteristics and odor associated with samples from Tervita, we discussed with Mr. Kruppa, expanding the list of parameters to test for in the waste stream. Results of the Tervita April 17, 2019 sample demonstrated the presence of volatile organic compounds (VOCs), including Xylene, Naphthalene(See test results attached as Exhibit C) All of these contaminates are constituents of diesel fuel and are associated with waste streams from unconventional wells. Although none of these contaminants are regulated by Belle Vernon?s NPDES permit, their presence serves to violate Article; 1, section (1) of the Agreement. Additionally, the presence of these contaminants violates 40 CPR and 403.5 (1) which generally prohibits a user (Tervita) from ?introduce[ing] into a POTW any pollutant(s) which cause pass through or interference.? As is evident, the introduction of Tervita waste stream containing Xylene, Naphthalenethe Belle Vernon facility has caused documented and reported violations of Belle Vernon?s NPDES permit. Moreover, the results of the Tervita waste April 17, 2019 sample demonstrate the existence of oil and grease (HEM) at 1260 mg/L. Oil and grease? in' this amount in conjunction with the presence of 1, 2, 4 a constituent of petroleum, in the same sample violates Article 1, Section (6) of the Agreement. The presence of oil and grease in the Tervita waste stream sample further violates 40CFR and 403.5 which states ?the following pollutants shall not be introduced into a POTW: (6) petroleum oil, nonbiodegradable cutting oil or products of mineral oil origins in amounts causing interference or pass through? . As exempli?ed by the April 17, 2019 Tervita waste stream sample, Tervita has discharged pollutants to Belle Vernon, which it is not permitted by contract or law, to do. This provides an additional legal basis to terminate the contract with Tervita, as well as step Tervita?s ?ow of waste to Belle Vernon so that Belle Vernon may once again come into compliance with its permit. Pursuant to the Agreement, Tervita is to provide and Belle Vernon is to accept no more than 50,000 gallons per day of leachate. However, Form 50 prepared by Tervita provides that the amount of leachate received from Tervita by Belle Vernon has exceeded that 50,000 gallon per day maximum volume as set forth in the Agreement. It should be noted that for a period of time, Tervita?s ?ow meter was'inoperable so daily ?ows were not being recorded. However, by way of example, in March of 2018 the volume of leachate recorded by Tervita sent to Belle Vernon was 141,000 gallons per day. This amount is 91,000 gallons above the permissible amount provide for in the Agreement. Therefore, Tervita?s exceedance of the 50,000 gallons per day maximum of leachate sent to Belle Vernon violates page (1), paragraph (4) of the Agreement and is grounds for termination of the same. Belle Vernon Board Members May 9, 2019 Page 4 of 7 Moreover, based upon the odor, color and obvious ?oating sheen on a sample of the waste stream shown to us by Mr. Kruppa, and con?rmation of the presence of oil and grease, as well as diesel fuel constituents in the test results of the waste stream provide evidence of additional violations of the Agreement by Tervita discharges including Sections (6), (7). Mr. Kruppa also shared with us that most recently the manhole ?rom which Belle Vernon tests the in?uent waste stream frOm Tervita was padlocked presumably by Tervita of?cials such that Belle Vernon no longer has the ability to sample the waste stream from that access point where it'had always done so throughout the term of the Agreement. Mr. Kruppa has reported this action to the PADEP. Mr. Kruppa provided us a picture of that now padlocked sampling point. (See picture of padlocked sampling point for Tervita waste stream attached as Exhibit D) We note, that pursuant to the Agreement, it appears under Article II Section that ?the entire project consisting of 10 inch SDR 35 PVC sewer pipe, manholes, metering and sampling structure and devices and other appurtenances ?om the connection to the existing interceptor sewer to the property line of the Westrnoreland Authority shall become property of the Borough Authority. . It is our understanding that the sampling point that most recently was padlocked, presumably by Tervita, is actually property of Belle Vernon, per the Agreement. As such, the action of padlocking this manhole is a further violation of the Agreement and grounds to nullify the same. Still-further, even if such a sampling point would not be deemed to be Belle Vernon?s property under this Agreement, Article II Section provides that ?Borough Authority shall have the right at all times to inspect and test the same.? This clearly affords Belle Vernon the right to test, at any time by way of the manhole that has now been padlocked. Such action by Tervita is a clear violation of the Agreement. In speaking with Mr. Kruppa, it is our understanding that it was revealed to him that Tervita was receiving unconventional oil and gas unconventional waste in the form of drilling cuttings and mud from unconventional drilling operations around the same time Belle Vernon started to have issues with exceedanoes of parameters in violation of its NPDES permit. We understand from Mr. Kruppa that it is believed by Belle Vernon that the introduction of waste water pollutants associated with unconventional oil and gas production in Tervita?s waste stream to Belle Vernon?s facility is responsible for Belle Vernon?s continuous non-compliance with its NPDES permit. If in fact Tervita has been accepting oil and gas extraction waste like drill cuttings and muds which are being discharged by Tervita to Belle Vernon in its waste stream, Tervita may be found in violation of 40 CF and 435.33 (1) and/or 435.34 (1) which provide: ?There shall be no discharge of wastewater pollutants associated with production, ?led exploration drilling, well completion or well treatment for Belle Vernon Board Members May 9, 2019 Page 5 of 7 unconventional oil and gas extraction (including but not limited to drilling muds, cuttings, produced sand and produced water) into publicly owned treatment works.? Belle Vernon?s NPDES permit requires that it operate its facility consistent with the regulations set forth in it. Pursuant to Article II Section (D of the Agreement, Belle Vernon is to take and treat the land?ll leachate from Tervita to the extent it allows Belle Vernon to operate its facility consistent with its permit. It is our understanding, based upon documents authored by Belle Vernon?s Engineer, as well as in speaking with Mr. Krupp a, that it has been determined by the Engineer and Belle Vernon that it is Tervita?s waste stream that has caused the exceedances leading to the violations of Belle Vernon?s NPDES permit. Since Tervita has been determined to be the source of the resulting permit violations, Tervita has caused Belle Vernon to not be able to operate its facility pursuant to the applicable NPDES permit regulations in violation of Article II Section of the Agreement. Moreover, it appears Tervita, due to its contaminated waste stream interfering with Belle Vernon?s treatment operations, may also be found in violation of 40 CFR 403 .3 which prohibits Tervita from introducing pollutants into a POTW that are inconsistent with the chosen method of disposal. Additionally, Belle Vernon?s NPDES permit does not allow it to discharge any ?uids that have a sheen, or contain oil and grease that may cause sheen or ?lm to the receiving waters once it is discharged pursuant to Section A and It is our understanding in conversations with Mr. Kruppa, that he brought this matter to the attention of the PADEP. It is also our understanding that Belle Vernon?s Engineers, KLH Engineers, Inc., have on multiple occasions advised Tervita that its waste stream was causing Belle Vernon to violate the terms of its NPDES permit. Due to Mr. Kruppa?s persistence with the PADEP, the PADEP requested that Tervita implement a pretreatment system for its waste stream to eliminate parameters contributing to Belle Vernon?s violations of its NPDES permit. While this pretreatment system was apparently implemented by Tervita a?er months of negotiations and subsequent permitting by the PADEP, it is our current understanding that that pretreatment system could not and did not treat Tervita?s waste stream to control and/or eliminate the parameters causing the exceedances. In fact, it is our understanding that this pretreatment system implemented by Tervita was so unsuccessful in pretreating Tervita?s waste stream to make it acceptable for Belle Vernon?s facility that the PADEP has advised that it was shut down and has been removed completely from the site. Given this development, and based upon the requirements as set forth in Belle Vernon?s NPDES permit, Belle Vernon has little choice but to shut off the waste stream from Tervita in order to operate in compliance with its NPDES permit. Belle Vernon Board Members May 9, 2019 Page 6 of 7 Belle Vernon?s NPDES permit clearly states that Belle Vernon?s noncompliance with its permit subjects it to civil and criminal penalties and that it cannot use as a defense to any civil or criminal action implemented against it by the PADEP that it would have been necessary for Belle Vernon to halt or reduce its permitted activity (ie. accepting waste stream from Tervita) to attain compliance. Part B, Article Section of Belle Vernon?s NPDES permit, provides ?it shall not be a defense for the perrnitee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit 40 CFR 122.41 Further, Belle Vernon?s permit requires that Belle Vernon take ?all necessary steps to minimize or prevent any discharge, sludge use or disposal in violation of this permit. . . Part B, Section 1 (F), see also 40CFR As such, Belle Vernon per its NPDES permit, has an af?rmative duty to address and take steps to prevent further violations of its permit due to Tervita?s unacceptable waste discharge. Even the terms of Belle Vernon?s NPDES permit itself makes it clear that the Authority has no choice but to shut off the Tervita waste stream until such time as Tervita can prove compliance to the Authority. Our recommendation to shut of Tervita?s waste stream to Belle Vernon to stop the interference with Belle Vernon?s treatment process that Tervita?s waste stream is causing to ensure that Belle Vernon once again can come into compliance with its NPDES permit, is consistent with the written position on this very topic. According to ?Natural Gas Drilling in the Marcellus Shale NPDES Program Frequently Asked Questions?, March 16, 2011, the PADEP has determined: ?[b]ecause there is a signi?cant possibility that SGE wastewater may ?pass through? the POTW, causing the POTW to violate its permit, cause ?interference? with the operation, or contamination of biosolids, acceptance of the waste is not advisable unless its effects on the treatment system are well understood and the waste water is not reasonable expected to cause pass through or interference. cannot accept Marcellus waste water if acceptance of the waste water would result in violations of the permit. Emphasis Added. (See document attached as Exhibit E) Despite own written position, that a POTW cannot accept oil and gas waste water that causes the POTW to violate its NPDES permit, and despite Belle Vernon on multiple occasions reaching out to PADEP of?cials to advise it of the NPDES violations and its desire to stop total ?ow from Tervita that results in violations of its NPDES permit, the PADEP has not provided a workable solution consistent ?with its written position. Instead, the PADEP has wrongfully suggested a plan where Belle Vernon continues to take Tervita?s waste in exchange for Tervita paying any ?nes Belle Vernon should expect Belle Vernon Board Members May 9, 2019 Page 7 of 7 associated with the current and past violations of its NPDES permit. Speci?cally, Donald Leone of the PADEP, advised and suggested to Belle Vernon?s Engineers, KLH Engineers, Inc. that: ?Our waste management folks have talked to the land?ll about entering into a COA (Consent Order and Agreement) where the land?ll (Tervita) will agree to pay any penalties for ef?uent violations at the Belle Vernon plant under that COA. What this does is remove liability from Belle Vernon for current and past violations. In turn, Belle Vernon would need to let the land?ll stay connected to their system. The land?ll is in the process of constructing a pretreatment plant. The land?ll will also be looking to take their waste elsewhere after the pretreatment facility is up and running so they eventually should not be a problem for Belle Vernon. If your client wants a meeting to discuss further, before we have an overall meeting with all parties, let me know. Since this is land?ll leachate, it will not go away if the land?ll closes so the state has some concerns here in reference to continuity of service for the wastewater.? (PADEP email on 01/04/2019 to KLH Engineers, Inc. attached as Exhibit F) This is not a workable, acceptable or legal solution to combat these ongoing NPDES violations. The refusal to assist Belle Vernon to ensure its compliance with its NPDES permit in order to protect the environmental quality of the Monongahela River, the aquatic life of the river, any negative effects to citizens that use the river, including consumers of the water, has led to our recommendation that Belle Vernon provide notice to Tervita that Belle Vernon has no legal obligation or ability or any contractual basis, pursuant to its Agreement and its NPDES permit, to continue to accept its waste stream ?ow. We recommend that the Authority Board vote on this matter, and if the Board agrees with our opinion, that it authorizes our ?rm as Special Counsel to send letters to Tervita, the PADEP and the EPA to provide all with notices that Belle Vernon Municipal Authority will no longer accept Tervita?s waste stream and that Belle Vernon is terminating the Agreement with Tervita for the reasons set forth herein. Based upon all of this information, it is our legal opinion that this Board vote to shut off Tervita?s waste stream and terminate its contract with Tervita, following a notice period to Tervita that the Board deems acceptable. Very truly yours, John M. Smith JMS/tmb Enclosures I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. 0.8. 4904, relating to unsworn falsi?cation to authorities. ?aw /7/.242/9 Date 0 RICHARD E. BOWER, Esq. District Attorney, Fayette County A. H, Esq. Attorney, Washington County IN THE COURT OF COMIVION PLEAS OF FAYETTE COUNTY COMNIONWEALTH OF upon relation of RICHARD BOWER, DISTRICT ATTORNEY FAYETTE COUNTY and EUGENE A. VITTONE, DISTRICT ATTORNEY WASHINGTON COUNTY, VS. BELLE VERNON MUNICIPAL AUTHORITY, TERVITA - ROSTRAVER TOWNSHIP SANITARY LANDFILL, ROSTRAVER TOWNSHIP SANITARY LANDFILL, WESTMORELAND WASTE INC., WESTMORELAND WASTE CORR, AND WESTMORELAND WASTE, LLC DEFENDANT L3 =8 {aid Ll Wit 3182 CIVIL ACTION - LAW 210% No. of 2019 GD. JUDGE LES MAM-DU TYPE OF PLEADING: PETITION FOR INJUNCTION FILED ON BEHALF OF: RELATORS: By: RICHARD E. BOWER, ESQUIRE DISTRICT ATTORNEY FAYETTE COUNTY Fayette County District Attorney's Of?ce Fayette County Courthouse 61 East Main Street Uniontown, PA 15401 PA. I. D. NO. 36792 EUGENE A. II, Esq. DISTRICT ATTORNEY WASHINGTON COUNTY 1 S. Main Street Suite 1003 Washington, PA 15301 a $9r?$??7888 31! 3' 541:2; Protheno?taty IN THE COURT OF COMNION PLEAS OF FAYETTE COUNTY. COMMONWEALTH OF upon relation of RICHARD BOWER, DISTRICT ATTORNEY FAYETTE COUNTY and EUGENE A. VITTONE, DISTRICT ATTORNEY WASHINGTON COUNTY, CIVIL ACTION - LAW VS. N0. of 2019 GD. TERVITA - ROSTRAVER TOWNSHIP SANITARY LANDFILL, ROSTRAVER TOWNSHIP SANITARY LANDFILL, WESTMORELAND WASTE INC., WESTMORELAND WASTE CORR, AND WESTMORELAND WASTE, LLC BELLE VERNON MUNICIPAL AUTHORITY, JUDGE DEFENDANTS IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, AND NOW, comes the Commonwealth of by and through relators, Richard Bower, Esq. District Attorney of Fayette County and Eugene A. Vittone II, Esq. District Attorney of Washington County and ?les this Petition, the following averments of which are as follows: 1. The Relator, Richard Bower is the duly elected District Attorney of Fayette County with an of?ce address of Fayette County District Attorney?s Of?ce, Fayette County 61 East Main Street, Uniontown, PA 15401. 2. Relator, Eugene A. Vittone is the duly elected District Attorney of Washington County with a business address of 1 South Main Street Suite 1003 Washington, PA 15301. . Defendant Municipal Authority of the Borough of Belle Vernon is a municipal authority with a post of?ce address of PD. Box 181 Belle Vernon, PA 15012 and a physical address of 10 Main Street Belle Vernon, Fayette County, PA. . Defendant Tervita Rostraver Township Sanitary Land?ll, is a business entity at Tervita Rostraver Township Sanitary Land?ll, 111 Conner Lane Belle Vernon, PA 15012, with a physical address of 901 Tyrol Belle Vernon, PA 15102. . Defendant Rostraver Township Sanitary Land?ll has an address of 111 Conner Lane Belle Vernon, PA 15012, with a physical address of 901 Tyrol Belle Vernon, PA 15102. . Defendant Westmoreland Waste Inc., has an address at 1428 Delberts Drive Monongahela, PA 15063. . Defendant Westmoreland Waste Corp. has an address of RD #3 Box 60 Monongahela, PA 15063. . Defendant Westmoreland Waste, LLC, has an address of 1428 Delberts Drive Monongahela, PA 15063. JURISDICTION . District Attorney Bower and District Attorney Vittone are vested under the ?Clean Streams Act? (35 RS. 691.601- Abatement of Nuisances), to bring actions to abate nuisances which violate the Clean Streams Act. BACKGROUND 10. Tervita operates a land?ll situate in Rostraver, Westmoreland County, 11. This land?ll accepts, in addition to normal refuse, cuttings from oil and gas wells drilled in Southwestern 12. These cuttings comprise many diiferent chemicals including but not limited to oil, diesel fuel, phenols and other substances. 13. These cuttings are buried within the land?ll. 14. When rain occurs, water will leach through the cuttings and become contaminated with the chemicals from the cuttings. 15. The Municipal Authority of Belle Vernon is a waste water treatment facility. The Municipal Authority has a contract with Tervita to accept this contaminated water. 16. The water, which is contaminated with the chemicals, is then collected in a pipe which transports the contaminated water to the municipal authority of Belle Vernon waste water treatment facility. 17. The authority has a NPDES permit to treat this water, and following treatment, discharges this water into the Monongahela River. 18. Communities in Washington, Fayette, Allegheny and Westmoreland all derive some water from the Monongahela River. The Monongahela River is the water source for many communities contiguous to the river including but not limited to Charleroi, Donora, Monessen, Monongahela, and Elizabeth. FACTS 19. On or about August 16, 2018, the Municipal Authority of Belle Vernon noti?ed Tervita by letter that analytical results of a sample of treated water was in violation of permitted standards for certain chemicals. (Exhibit Letter ?'om Walter Ziemba to Tervita which is attached and incorporated by reference thereto as if set forth ?illy herein). 20. 21. 22. 23. 24. 25. The Municipal Authority investigated this situation and determined that Tervita was sending 100,000 to 300,000 gals/day of contaminated water to the Municipal Authority for treatment. The NDPES permit issued to the Municipal Authority only permits 50,000 gals/ day of contaminated water to be treated at the authority. An engineering ?rm hired by the authority determined that the excess volume of contaminated water ?owing into the municipal authority for treatment rendered treatment of all waste water ineffective and consequently the authority was acting simply as a pass~ through for the contaminated water on its way to the Monongahela River. John C. Mowry, P.E., has found that, ?[d]ue to the ongoing discharges, the Belle Vernon Municipal Authority cannot continue to comply with its permit which causes it to discharge various and unknown pollutants into the Monongahela River, which could serve to effect aquatic life and down river users of the river water for drinking water purposes.? See A?idavit of John C. Mowry, P.E., attached hereto as Exhibit 2. Mr. Mowry further opines, my professional Opinion, as the land?ll has shown no ability to bring its wasthater into compliance, Belle Vernon cannot continue to accept leachate from the land?ll, as to do so would result in continual e?luent violations of its permit and ongoing discharges of pollutants into the Monongahela River, threatening the wellbeing of other users of the river.? See Af?davit of John C. Mowry, P.E., attached hereto as Exhibit 2. Mr. Guy Kruppa, Superintendent of the Belle. Vernon Municipal Authority, ?nds that ?Although the Pretreatment System was implemented by Tervita, it was completely unsuccessful in treating Tervita?s waste such that its waste continued to contaminate Belle Vernon?s Treatment Facility causing Belle Vernon to continue to receive contaminants it was unable to properly treat before discharging it into the Monongahela River in violation of its permit.? See Affidavit of Guy Krupp, attached hereto as Exhibit 3. 26. Mr. Guy Kruppa further ?nds that ?Belle Vernon performed additional testing and analysis of Tervita?s waste stream which sits up gradient ?'om the Belle Vernon Facility. That testing demonstrated as that Tervita?s was stream was contaminated with diesel fuel constituents as well as oil and grease.? See Af?davit of Guy Krupp, attached hereto as Exhibit 3. 27. The Municipal Authority repeatedly contacted the Department of Environmental Protection about its concerns and in an e?mail dated January 4, 2019 was told: Our Waste Management Folks have talked to the land?ll about penalties for ef?uent violations at the Belle Vernon plant under that COA. What this does is remove any liability ?'om Belle Vernon for current and past violations. In turn Belle Vernon would need to let the land?ll stay connected to their system. The land?ll is in process of constructing a pretreatment plant. The land?ll will also be looking to take their'waste elsewhere after the pretreatment facility is up and running? so they eventually should not be a problem for Belle Vernon. If your client. . . Since this is land?ll leachate it will not go away if the land?ll closes? so the state has some concerns here in reference to continuity of service for the wastewater. (Exhibit E-mail of Leone incorporated by reference thereto as if set forth fully herein). 28. On May 15, 2019, the Municipal Authority upon advice of counsel voted to terminate the contract with Tervita and cease accepting contaminated water ?om Tervita. This action 29effective of June 1, 2019. (Exhibit Letter of John Smith, Esq. to Municipal Authority May 13, 2019 which is incorporated by reference thereto as if set forth fully herein). In exigent circumstances, an ex partc hearing may occur, the result of which is an emergency preliminary injunction. 1531. Relators have no adequate remedy at law to redress the harm and injury that will be caused by Defendants continuing to introduce contaminated water into the Monongahela River, which is source of drinking water and recreation for many communities. The law is clear that: The essential prerequisites of a preliminary injunction are as follows: (1) The injunction is necessary to prevent immediate and irreparable harm not compensable in money damages. (2) Greater injury will result from refusing the injunction than from granting it. (3) The injunction restores the parties to status quo ante. (4) The activity sought to be restrained is actionable, and the plainti??s right to relief is clear. The Woods at Wayne Homeowners Assn. v. Gambone Brothers Construction Co, Inc., 893 A.2d 196, 204 (Pa. Commonwealth Ct. 2006). Upon information and belief, the actions of the defendants are in clear violation of the Clean Streams Act in permitting contaminated water to be introduced into the Monongahela River. Without injunctive relief the public will be harmed by the introduction of chemicals which are not being tested into the Monongahela River. It is averred that several of the chemicals identi?ed in the contaminated water are known carcinogens and are dangerous to humans. 34. The Commonwealth?s interest in protecting the citizens and ensuring the protection of the environment can only be achieved through the grant of injunction prohibiting defendants from releasing into the Monongahela River any contaminants from the Tervita Land?ll. 35. The Relators have noti?ed Chief Deputy Attorney General, Rebecca Franz, about this action. WI-IEREFORE, the Plaintiff prays that this Court: 1. Preliminarily and permanently: a. Enj oin the Defendants from discharging into the Monongahela River any ef?uent which contains contaminated chemicals from the Defendants. b. Enj oin the Defendants from sending, or passing through, water, waste, wastewater, discharge, contaminants, ef?uent, pollutants, leachate, sludge, biological processes, or any other substances to the Belle Vernon Municipal Authority. c. Grant the Commonwealth of such other and ?irther relief as may be ?lly submi an. ,4 Richard E. Bower, Esquire District Attorney? Fayette County ene AfVittone II, Esq. strict Attorney? Washington County deemed necessary or appropriate. VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsi?cation to authorities. E. BOWER, Esq. District Attorney, Fayette County 90/ 9 ag/Z/ gay/w 457/7 1W A. II, Esq. Distri Attorney, Washington County