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Condominium Association Accuses Local Township of Environmental Violations

PENNSYLVANIA RECORD

Sunday, November 24, 2024

Condominium Association Accuses Local Township of Environmental Violations

State Court
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A local condominium association is taking legal action against a township for environmental violations that have allegedly caused significant damage to their property. On July 15, 2024, the Barrington Manor Condominium Association and its president, Glenn E. Martinson, filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, accusing Collier Township of multiple infractions related to water pollution and stormwater management.

The plaintiffs allege that Collier Township has been negligent in managing stormwater runoff, which has led to pollutants being discharged into a detention pond on the condominium's property. According to the complaint, this runoff includes harmful substances such as silt, mud, dirt, clay, and potentially hazardous chemicals from nearby roads and pathways owned by the township. The plaintiffs claim these pollutants have filled the pond with sediment and decreased its capacity to manage stormwater effectively.

The complaint outlines several legal grounds for the lawsuit. The plaintiffs argue that Collier Township's actions violate the Commonwealth of Pennsylvania’s Storm Water Management Act (32 P.S. §§ 680.1-680.17), Pennsylvania’s Clean Streams Law (35 P.S. §§ 691.1 et seq.), and the Federal Water Pollution Control Act (Clean Water Act or CWA) (33 U.S.C. § 1251 et seq.). Specifically, they cite unauthorized discharges of pollutants into regulated waters and failure to comply with state and local environmental regulations.

The plaintiffs are seeking various forms of relief from the court. They request a preliminary and permanent injunction to prevent further pollution of their property and mandate remediation efforts by Collier Township. This includes removing siltation from the detention pond, restoring its ecological balance, and constructing a properly engineered detention basin consistent with good engineering practices and regulatory standards. Additionally, they seek compensatory damages for harm suffered due to negligence per se under Pennsylvania law.

In support of their claims, the plaintiffs provided detailed accounts of how Collier Township's mismanagement has affected their property over time. They noted ongoing issues such as bad drainage, repeated flooding, filthy pond water, and unwanted wildlife stemming from contaminated runoff originating on township land. Despite notifying Collier Township officials about these problems in September 2023 and January 2024 through formal letters requesting action—copies of which were included as exhibits—the township has failed to address or mitigate these concerns adequately.

Representing Barrington Manor Condominium Association are attorneys Brad N. Sommer and Paul A. Ellis Jr., both affiliated with Sommer Law Group P.C., based in Pittsburgh. The case is assigned Case ID NO.: GD-2024-0000XX in the Civil Division of Allegheny County's Court of Common Pleas.

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