Union Township calls property a cesspool, takes owners to court
In response to decades of complaints, Union Township officials are seeking a legal solution for a home leaking sewage.
The township last week filed a petition in Washington County Court against Richard J. and Roberta A. Curry of Mingo Circle Road, Finleyville, claiming their property is in a “cesspool condition” with backed-up water and sewage and algae growth that is transferred to the road and properties below.
Court documents refer to the problem becoming apparent as early as 1994 and resulting in residents’ complaints.
In spring 2017, the township’s engineer, Harshman Civil Engineering Group, tested the area and found untreated sewage.
The township claims the Currys have failed to respond to any of the township’s correspondence or attend a recent magisterial hearing on citations issued to them, and that they haven’t reimbursed the township for more than $14,000 in expenses it has incurred in the case.
In January, the township and the state Department of Environmental Protection entered into a consent order and agreement outlining alleged violations and proposed remedies, one of which is to have an environmental sanitation service continually inspect, empty or maintain holding tanks on the property. Failure to so so will result in a $250 per day fine.
The township, in court documents, states the Currys are occupying the home and using the holding tank, but the municipality wants them to vacate the premises, which it considers unsafe, unless they meet several conditions, including replacing a septic tank with an approved system.
Richard Curry was found not guilty when the matter was before former District Judge James Ellis in 2010 and 2016, court documents show. Curry, who had entered a plea of not guilty, failed to appear May 30 for a hearing before District Judge Jesse Pettit on the most recent citation. Curry was then found guilty.
A phone number listed online for the Currys responded with a recording that it is not in service.
DEP also wants the township to analyze alternatives to find a long-term solution that will provide adequate sewage treatment. If it fails to comply, it could be subject to a civil penalty.
President Judge Katherine B. Emery scheduled a hearing for Aug. 8.