Sign up for one of our email newsletters.
Updated 12 hours ago
Michael Rathburn of Murrysville said he can't sell his home at full market value because it is not hooked into a public sewer system. But state law prohibits him from fixing his failing septic system because of his home's proximity to Pucketa Creek.
And years-long back-and-forth negotiations among multiple government and sewer agencies are holding hostage a potential solution.
“I'm going to end up bleeding through what savings I have and could end up losing my home,” Rathburn said.
At issue is the state-mandated Act 537 plan, which maps out an area's sewage logistics. The Franklin Township Municipal Sanitary Authority, along with Murrysville, Washington Township and multiple other government and sewer entities, have been attempting to update Murrysville's 537 plan for more than a year in an effort to connect a handful of properties, including Rathburn's, into Washington Township's nearby sewer lines.
FTMSA does not have any lines in the immediate area, which is referred to as the Pucketa Creek Watershed in northern Murrysville. And while fewer than a half-dozen property owners have expressed an interest in tying into Washington Township's system, the state Department of Environmental Protection requires that the Act 537 report include all 37 properties identified in the watershed.
Most recently, FTMSA officials have been working to convince the Municipal Authority of Allegheny Township — whose lines would help carry the flow from the Pucketa Creek Watershed — to sign on to the agreement.
The Allegheny Township authority board, however, has requested its own agreement, stating that if any properties beyond the 37 identified as part of the watershed want to tie in, FTMSA and Murrysville must agree to help fund any necessary infrastructure improvements.
“(The Allegheny Township authority) has said that they're OK with the 37 (properties), but if a 38th wants to come in, we'd have to agree, essentially, to a blank check for whatever upgrades ‘are necessary,' ” said FTMSA consulting engineer Jeff Bradshaw. “But it's their system. We don't know what upgrades they need, and that makes it nearly impossible to figure out a cost-sharing agreement.”
Allegheny Township Municipal Authority Chairman Bob Polczynski said his board is simply looking for some protection.
“DEP may, at some point, require that area to be served in addition to what was requested,” Polczynski said. “We just wanted assurance that, should it go beyond what we agreed to, FTMSA would help pay for any infrastructure needs.”
Rathburn said this snag is just the latest in a long line.
“It's gone on for about nine years now,” he said. “FTMSA has said they want to work out (a per-property dollar figure) that can be put away in a fund to help with future improvements, and that's something that can be negotiated, but they can't just agree to a blank check.”
Lynn Full also lives in the Pucketa Creek Watershed and has been trying to tie into Washington Township's sewage system since it was installed in 2010.
“It's very frustrating,” said Full, who has lived in her home since 1976. “Our septic system isn't failing, but if it does, there's nothing we can do.”
Chapter 73 of the Pennsylvania State Code lays out minimum distances that must be maintained between an on-lot sewage system and, in this case, a stream, lake or pond. Rathburn's home is less than 50 feet from Pucketa Creek, so while his system is grandfathered in, it cannot be altered, even though it is not functioning properly.
John Petrack, executive vice president for the Realtors Association of Metropolitan Pittsburgh, said homeowners in the watershed — particularly Rathburn, who hopes to sell his home — are in a tough position.
“It will be very difficult,” Petrack said. “In fact, it literally may destroy the utility of the property.”
Regulations for on-lot septic systems were drastically changed around 2010, Petrack said. “Since then, we've heard of a variety of issues. Our state association actually attempts to work with the state relative to issues like this, but his best efforts would be spent at the county level. They may be able to work with him on a solution.”
Rathburn said he hopes DEP can apply pressure to all parties involved in service of the department's mission: protecting the environment.
“People are always up in arms about the damage fracking might do to the water supply,” he said. “The amount of water likely to be contaminated by fracking is insignificant compared to the amount of water being dumped into (Pucketa) Creek by these homes that are not adequately covered by (public) sewer. Murrysville needs to take some ownership over the fact that they have hundreds of homes in a watershed that's not served by sewer.”
FTMSA board Chairman Mark Adamchik said he would happily attend a meeting with Rathburn and local legislators to try and get something done.
“This is ridiculous,” he said. “There's no reason for (the Allegheny Township authority) to be stonewalling us.”
DEP officials say they have encouraged all of the affected agencies to cooperate in solving the problem.
“If an amicable resolution cannot be reached, DEP will conduct an investigation and evaluate its enforcement options to require the communities to cooperate to allow the safe and adequate treatment of sewage in the area,” spokeswoman Lauren Fraley said.
Polczynski said the Alle‑gheny Township authority has made its position clear, and moving forward is up to FTMSA.
“The ball's in their court,” he said.
Patrick Varine is a Tribune-Review staff writer. Reach him at 724-850-2862 or pvarine@tribweb.com.
Our editors found this article on this site using Google and regenerated it for our readers.