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General News

Monroe moves toward agreement on CAA sale
By Greg V. Renninger, Clarion News Writer


MONROE TWP. - “We are in possession of the final consent order for the sale of the Clarion Area Authority to Pennsylvania American Water,” Chairman Gerry Borovick told his fellow Monroe Township supervisors May 6 at their regular monthly meeting.

And so might end an ongoing issue that started in November 2005 for Monroe Township , when township legal counsel Terry Heeter recommended the board of supervisors not sign the original consent order and agreement from the Pennsylvania Department of Environmental Protection without revisions limiting the possibility of Monroe Township ’s liability in the sale.

Heeter again advised the board not to sign the agreement in January 2006 without just and fair compensation from the Clarion Area Authority to the township from the proceeds of the sale to Pennsylvania American Water.

The debate continued in March 2006 when the township supervisors, concerned over the authority‘s multiple DEP violations over the years, opted to complete an Act 537 plan for the township instead of signing the consent agreement.

According to the DEP website, Act 537, or “Pennsylvania Sewage Facilities Act” plans are mandated by DEP to protect public health through the development and implementation of plans for the sanitary disposal of sewage waste.

In September 2006 the township received a revised consent order that was still deemed unacceptable by the supervisors and Heeter, who believed that signing the revised agreement might still make the township and its taxpayers liable for the future actions of the authority.

 The DEP had withdrawn its most recent consent order in December 2006, in part because Clarion Township would also not sign it because of fear of future liability issues.

The supervisors signed an April 2007, resolution which signified the agreement of the supervisors to enter into a consent order and agreement for the sale of the authority with a return of a portion of the sale to Monroe Township .

In October 2007 another revised consent order was sent to the supervisors, who passed it along to Heeter for review.

The following month, Heeter returned his verdict. He was not satisfied with the wording of the order, and worried that it still provided for potential liability to the township.

Borovick met with representatives from Pennsylvania-American Water, Clarion Borough, and Clarion Township May 6 to discuss the agreement.

Borovick told his fellow supervisors that the municipalities could probably make an agreement with Pennsylvania-American to make each party responsible for its own actions.

“The consensus around the table is that it is doable,” Borovick commented.

The Monroe supervisors agreed to wait for Heeter’s opinion before proceeding.

DEP must review the agreement and make an application to the Public Utilities Commission to approve the sale.

 

 

 

 

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