Dec 6, 2022 5 min read

The East Dunkard Water Authority is under investigation over the previous board’s management of the troubled water supplier that serves the southeastern part of Greene County.

Greene County District Attorney David Russo confirmed Monday that he launched an investigation into the authority after receiving “numerous complaints” from residents about poor water quality that led to multiple boil water advisories earlier this year.

“This investigation includes analyzing the toxicity levels and dangers of the water that has been distributed to the public, and any criminal actions that may have occurred,” Russo said in a written statement.

Russo said his criminal investigation is running in conjunction with the state Department of Environmental Protection’s administrative inquiry into the water authority. Russo added that his office is investigating the “actions or inactions of the prior board,” although he did not offer details on what specifically may have risen to the level of criminal conduct. The authority has undergone significant changes over the past year with several new members being brought on to the board.

“We are going to be as transparent as possible with our investigation but at the current time cannot disclose the details or findings of the investigations,” Russo said. “The ultimate goal is to have clean water provided to the people of Dunkard, but if we find any evidence that we determine rises to the level of criminal culpability my office will file charges accordingly.”

While it’s not known what specifically Russo is investigating, an Aug. 25 administrative order from the DEP lists several issues found last year that led to multiple violation notices.

During an inspection in July 2021, the DEP said it found that the authority had failed to maintain a variable speed mixer for more than a year and a chlorine analyzer had been disabled by storms earlier that month. Water quality testing also was not performed regularly in compliance with DEP requirements, according to the administrative order. The inspection also revealed that turbidimeters that measure water clarity had been “capped” and were not giving accurate readings when there were higher turbidity levels that would alert plant workers to cloudy water in the system.

Phone calls to East Dunkard Water Authority’s office near Dilliner and the board’s solicitor, Megan Patrick, were not returned Monday, while a DEP spokesperson declined to comment about the situation.

The district attorney’s criminal investigation was made public Saturday afternoon when Russo’s chief detective, Zachary Sams, posted a message in a private Facebook group called the East Dunkard Water Association page, where residents regularly share their experiences about the troubled water authority. Sams wrote in the post that he was contacted in June by the authority’s current board asking him to investigate. Since then, Sams said he has met with the authority’s board members, spoken to environmental regulators, executed “a few search warrants” and reviewed financial records.

“This is a very complex investigation with multiple State Agencies and a whole lot of details,” Sams wrote in the Facebook post. “These things do take time and we will be very thorough with our investigation. Unfortunately, at this time I am unable to release anything specific on the investigation other than that it is active and ongoing.”

Sams said he plans next month to attend each township meeting that East Dunkard services to address their boards of supervisors about the situation. The water authority, which has about 1,600 customers in its system, provides water to 4,200 residents living in Dunkard and Greene townships, and parts of Cumberland, Monongahela, Perry and Whiteley townships.

“The ultimate goal of this investigation is to ensure that the health and safety of the residents is protected, and if that requires holding people accountable for criminal actions, then that is what will happen,” Sams wrote in the post. “In the meantime, thank you to everyone who has been cooperating behind the scenes, and thank you all for your patience. I’m looking forward to meeting with everyone early next year. I am hopeful that we will have some answers to the long unanswered questions that everyone has been asking.”

In addition to the nearly two-dozen violation notices from the DEP since July 2021, the authority’s current board agreed this September to a proposed joint settlement with the state Public Utility Commission for providing water to five neighboring communities since 2011 without regulatory approval. Soon after, the authority began collecting a $16.07 monthly surcharge from customers to pay for the proposed $225,000 civil penalty settlement with PUC.

But an administrative law judge ordered to hold the joint petition for settlement in abeyance until a hearing is held Dec. 13 to further discuss the situation. Several residents complained about having to pay the surcharge fee over 10 months over a situation that occurred a decade ago. An administrative law judge must approve the settlement before it can go into effect.

In June, the authority received a $1.94 million in Community Development Block Grant-CARES Act money to overhaul its treatment facility and waterlines. The upgrades will include replacement of the iron main waterline, pumps, gate valves and blow-off valves, along with the inspection and rehabilitation of eight storage tanks. The funding is designed to help East Dunkard update its system and eventually run a connector line with Southwestern Pennsylvania Water Authority to one day purchase water from that agency.