Dec 15, 2014 4 min read

An Eighty Four couple is suing a local mining company, claiming the company’s actions resulted in a seven-year loss of enjoyment of their dream home and left their property without a potable water source for more than six years.

Steve and Patricia Borushko of 146 Hixon Road filed the lawsuit Monday against Eighty Four Mining Co., 1000 Consol Energy Drive, Cecil Township, in the Washington County prothonotary’s office. They are seeking unspecified damages.

The lawsuit does not specify why their well stopped producing water, how the mining company was at fault or the relationship between the two parties.

The Borushkos claim that Nov. 24, 2005, five years after they started to build their home, their well lost water during their Thanksgiving dinner.

Prior to the incident, the couple claim their water turned an orange-ish color, which stained their appliances, fixtures and water heater. The couple notified Eighty Four Mining and were told their water would be restored within 24 hours, the suit says. About 10 days later, the couple says the company sent water buffaloes to the home, but they claim that water was not usable because it contained mud and algae.

In June 2006, the company drilled a new well on the property, but it failed to produce water, the Borushkos said. Three additional wells were drilled.

Each failed to produce water or water suitable for human consumption, court documents state, and the fourth well produced water that could not be used without treatment.

The couple claim the company had a contractor plumb the water into their home without their approval. As a result, the couple said they had to install a water filtration and treatment system. The water appeared clear, but the Borushkos said they experienced stomach problems and flu-like symptoms for an extended period.

The Pennsylvania Department of Environmental Protection tested the water and determined it was not fit for human consumption because of high E. coli levels, and the water was retested in 2008 and again deemed unusable, the suit alleges.

The couple claim the company damaged their property, leaving ruts, damaging their sod and creating erosion, and that repairs were never made. Throughout this, the Borushkos claim they were left without a potable water source and had to purchase bottled water on their own.

They said the company also placed a cistern on the property, but it became contaminated.

In 2008, the couple claim the company informed them a reverse osmosis machine should be installed, or they could accept $90,000 from the company.

The Borushkos claim their sewer system did not support the machine and they would be required to pay all maintenance, electric and operations expenses for the machine if it were installed.

They say they also would have had to replumb their home.

DEP determined the company should supply the Borushkos with public water, which occurred in November 2011, the suit said. In addition to an annual fire hydrant fee and quarterly water bills, the couple claim their water was unusable numerous times due to contamination and other issues.

The Borushkos claim they had an oral agreement with the company in which their damages were to be reimbursed by Eighty Four Mining, but they say that did not happen. Furthermore, because of the water problems, they claim they were unable to finish their home or sell the property.

Their lawyer, Marc Valentine, did not return calls for comment. A media representative for Eighty Four Mining declined to comment, stating the company had not received the complaint.