In March, Timber River filed an appeal of DEP’s approval of Paint Township ’s Act 537 sewage management plan revision with the Environmental Hearing Board, the administrative law court that hears appeals of DEP decisions.

According to legal documents at the EHB website, Judge Michelle Coleman Nov. 12 denied a petition for supersedeas from Timber River .

Such a petition asks a judge to end a case early, claiming the petitioner will be harmed by allowing the suit to continue and the petitioner is likely to win anyway.

But the judge denied Timber River ’s petition, ruling that the petition is unclear and was not filed according to rules requiring affidavits to support facts claimed in the petition.

Coleman also noted the EHB is barred by state law from issuing a supersedeas in a matter where pollution is ongoing or threatened.

The case is about a plan to correct pollution problems from malfunctioning on-lot sewage systems, and the sewage management plan is preliminary to Paint Township building a line to connect residences and businesses along River Hill to the Paint-Elk municipal sewage system.

DEP ordered Paint Township to revise its Act 537 plan, and the township had the EADS Group, its engineering firm, draw up the plan and submit it to DEP.

Timber River owner Brian W. Huwar asked that sewage capacity for a proposed development along Doe Run Road just south of Route 322 be included in the Act 537 plan. The township refused to do so, noting Timber River had not developed a subdivision plan for the development.

The township had at first proposed to build a $2.1 million collection and pumping system that would have had extra capacity for future development – perhaps enough to handle Timer River’s development proposal.

But DEP rejected that plan, saying it was unlikely to be funded by PENNVEST.

Paint Township then submitted a second plan, costing $1.2 million and requiring some property owners to install their own pumps to move the sewage up River Hill.

DEP approved that plan, which has little excess capacity for future development, and approved the Act 537 plan revisions relating to the project.

Huwar said Timber River asked for sewage capacity to handle nine average households, then asked for enough for 34 households. Huwar has said the development could eventually include more than 90 properties.

Huwar has said he is not willing to develop detailed plans without the development proposal being included in the Act 537 plan.

Paint Township officials say that submitting another revised sewage plan would mean the township could not meet DEP’s December 2008 deadline to correct the River Hill sewer problems.

The three parties attempted last spring to reach an agreement, but by June it was apparent settlement talks had failed.

Future court actions on the case have not yet been scheduled.