PRESS RELEASE

May 1, 2012 FOR IMMEDIATE RELEASE

CONTACT: Myron Arnowitt, Clean Water Action, 412-592-1283

Kim Teplitzky, Three Rivers Waterkeeper, 267-307-4707

Groups Reach Settlement with McKeesport in Gas Drilling 

Wastewater Dumping Case -- McKeesport agrees to no longer discharge Marcellus wastewater --

(Pittsburgh) – Clean Water Action and Three Rivers Waterkeeper filed in federal district 

court today a settlement of their case against the Municipal Authority of the City of 

McKeesport. The two groups had filed a lawsuit in July 2011 under the Clean Water Act 

seeking an end to McKeesport’s acceptance and discharge of wastewater from Marcellus 

Shale gas drilling operations.

Under the settlement, McKeesport has agreed to stop accepting any deliveries of 

Marcellus Shale wastewater at their plant. Additionally, if McKeesport decides in the future 

that they want to accept oil and gas wastewater, they will have to apply for a permit under 

the federal Clean Water Act through the state Department of Environmental Protection 

(DEP), subject to EPA approval. Any proposed permit would also undergo public review 

and comment. The settlement covers both shale gas wastewater and coal bed methane 

wastewater discharges.

“We are pleased to be able to reach this agreement with McKeesport. Putting an end to 

the practice of dumping Marcellus Shale wastewater in our rivers is crucial to protecting 

our drinking water supplies and to ensuring our rivers continue their recovery from years of 

neglect,” stated Myron Arnowitt, PA State Director for Clean Water Action.

“The result of this case shows that citizens do have the power to take ownership over the 

conditions in our rivers. This case was a great example of people coming together to stop 

even more destructive pollution of our waters,” said Kim Teplitzky, Director of Three Rivers 

Waterkeeper.

The legal settlement reached between Clean Water Action, Three Rivers Waterkeeper, 

and the Municipal Authority of the City of McKeesport can be downloaded at 

www.cleanwateraction.org/pa.

While the state DEP has asked gas drilling companies to voluntarily stop sending their 

wastewater to plants such as McKeesport that discharge to Pennsylvania rivers, no 

mandatory restrictions have been placed on drilling companies. In addition, DEP never 

asked for even voluntary action by sewage treatment plants to end their acceptance and 

discharge of Marcellus wastewater.
“While a number of treatment plants have stated that they will not accept any more 

Marcellus wastewater, we are aware of a few plants that continue to do so. Without 

agreements like the one we have reached with McKeesport, there is nothing to stop 

treatment plants from continuing this practice which contaminates our rivers and drinking 

water supplies,” Arnowitt stated.

In September 2011, EPA issued Administrative Orders and Information Requests to 13 

wastewater treatment facilities in Pennsylvania. EPA’s Order and Request required these 

facilities to certify that they are no longer accepting any oil and gas wastewater. Facilities 

that do not sign the certification are required to submit to EPA sampling data from their 

wastewater discharge covering common drilling wastewater contaminants.

To date, only three plants signed EPA’s certification stating that they no longer accept oil 

and gas wastewater: Allegheny Valley Joint Sewage Authority, Clairton Municipal 

Authority, and the Johnstown Redevelopment Authority. Seven plants have sent sampling 

data from their discharge indicating that they are not willing to certify that they no longer 

accept oil and gas wastewater: Brockway Area Sewage Authority, Dominion Transmission 

Corp., Minard Run Oil Co., Borough of Ridgway, Hart Resource Technologies (Creekside), 

PA Brine (Franklin), and PA Brine (Josephine). Three plants have not responded to EPA: 

Gas and Oil Management Assoc., Great Lakes Energy Partners, New Castle Oil Co.

This is the first time a federal court case has been filed to stop the current discharge of 

Marcellus drilling wastewater in Pennsylvania. The suit claimed that the Pennsylvania 

Department of Environmental Protection (DEP) bypassed Clean Water Act permitting rules

by allowing McKeesport to discharge without proper treatment up to 100,000 gallons per 

day of Marcellus drilling wastewater into the Monongahela River, which supplies drinking 

water for nearly a half million people, including a portion of the City of Pittsburgh.

Pennsylvania enacted new rules in 2010 that set strict treatment standards for the 

discharging of oil and gas wastewater. However, the regulations grandfathered in all 

existing plants in Pennsylvania that discharged to rivers and streams. To date, only one 

treatment plant operating in the state can meet the new standard.

Clean Water Action has more than 100,000 members statewide in Pennsylvania and is the 

nation's largest grassroots group focused on water, energy and environmental health. 

Clean Water Action's programs work for clean, safe and affordable water, prevention of 

health-threatening pollution, and creation of environmentally-safe jobs and businesses. 

Clean Water Action's nonpartisan campaigns empower people to make democracy work.

www.cleanwateraction.org

Three Rivers Waterkeeper is part of the international Waterkeeper Alliance. They aim to 

ensure that communities throughout Southwestern Pennsylvania have safe water to drink, 

clean rivers to enjoy, and the means necessary to defend their right to both. 

www.threeriverswaterkeeper.org

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