Aug 27, 2013 3 min read

WAYNESBURG – Brave Water and Sewer Authority is currently in violation of state law for operating its sewage treatment system without a current discharge permit, a state Department of Environmental Protection spokesman said Tuesday.

The authority’s National Pollutant Discharge Elimination System permit expired earlier this year and the authority has made no application to renew it, said John Poister, DEP spokesman.

The authority has been notified it is violation, Poister said. DEP has been attempting to work with the authority on a consent order and an agreement to get a new permit in place. The resolution will include a penalty or fine, he said.

Poister said he didn’t know whether the authority’s treatment plant is malfunctioning or not. The issue is “it is not permitted, so any discharge is illegal at this point,” he said.

DEP would like to see a larger entity, such as the township, assume responsibility for the plant and its permitting, he said. Operating a sewage treatment system is complex and many small authorities have difficulties because of their limited resources, he said.

The Brave sewer system serves about 80 customers. Carolyn Hillberry, authority secretary, said the authority currently has no engineer or solicitor. “We can call one (an attorney) if we need one, but we can’t afford to keep one retainer,” she said.

Hillberry said she believed the authority had a current NPDES permit. She said Tuesday that she had talked to a woman in Harrisburg about the issue within the past month and was told “everything is good.”

The authority never received a notice it is in violation for an expired permit, she said. She said she assumes that would have been sent through certified mail, and the authority never received a certified letter from DEP. Hillberry also said she knew nothing of a consent order.

The only communications the authority has had with DEP has been by telephone and it primarily focused on problems the authority has with a dousing tank at the plant, which the authority plans to address though lacks the money to do so, she said.

Wayne Township had filed a motion with the Greene County Court Friday, asking the court to order the authority to make books and accounts available to be audited.

William Hook, township solicitor, said the supervisors were concerned about the authority’s financial stability based on information gleaned through communications with DEP and the Pennsylvania Infrastructure Investment Authority, Pennvest.

The authority has two loans through Pennvest, one of which the township guaranteed.

The township is a separate entity from the authority and has no control over the authority, Hook said. However, the township does have the right under the Municipal Authorities Act to have an audit of the authority’s books conducted at the authority’s expense. That is why the township approached the court, he said.

The authority has failed to complete an annual audit. Hillberry said the authority only learned recently that it is required to have an annual audit.

The township, in its court motion, also claimed the authority has failed to pay Pennvest its monthly payment on a 1994 loan. Hillberry said Tuesday that she was checking to see if the authority is current on its payments.

A PENNVEST spokesman could not be reached Tuesday to say whether or not the authority is behind in its payments.

Hillberry said the authority board will have meet to review the matter regarding the permit and determine what it should do next.