The Warriors Mark supervisors heard from several residents and members of a non-profit group about their continued concern for the environment in the township.
The concern stems from a laundry list of issues associated with developer John Gilliland.
At Tuesday’s meeting, the group, Save Our Streams Inc. presented the supervisors with a chronology dating to 1990, regarding a sewage holding tank at Gilliland’s apartment building located at the intersection at State Route 350 and State Route 550. The chronology is an 11-page document which details numerous issues involving the building’s owners, the supervisors, waste hauler Richard Barefoot and the DEP.
The group also provided supervisors with copies of documents to support the issues presented in the chronology and noted the sources of their documentation in the chronology. The Daily Herald was also provided with a copy of the chronology and the supporting documentation which includes meeting minutes, letters and materials related to legal actions.
During the meeting, Dorothy Gurney of Save Our Streams noted the documentation showed a septic tank on a Gilliland property next to Warriors Mark Run had overflowed, which led to sewage running onto the streets in Warriors Mark village in August of 1993.
The chronology issued by Save Our Streams Inc. indicates the township solicitor presented paperwork to the supervisors to file a complaint against the owner of the Gilliland apartment building. The board did sign a sworn complaint against Eric, John and Karen Gilliland on September 7, 1993, according to the chronology issued by the environmental group.
In the following months, the chronology notes legal and other actions leading up to a time when an application for a sewage disposal system was filed for the apartment building, indicating a 7,170 gallon tank with the notation, “holding tank will be equipped with a warning device.” The chronology lists the application date as Nov. 17, 1993.
In April of 1994 a contract was entered into between Barefoot, Gilliland and the township regarding the cleaning of the holding tank. The agreement called for contents of the holding tank to be disposed at a disposal site as approved by the Department of Environmental Resources.
The chronology also shows supervisors were made aware in October of 2000, that trucks generally used for hauling sewage were possibly unloading on land in Dry Hollow. The minutes of a Oct. 3, 2000 supervisors meeting were noted as source of this information in the chronology. The township’s sewage enforcement officer was also asked to review the DEP permit and the agreement regarding the pumping of the holding tank at the apartment building.
Also of concern to the group were receipts which were to be provided to the township whenever sewage pumping was done at the building. The chronology indicated supervisors had difficulty in obtaining the receipts both from Barefoot and the Gillilands. Efforts were also made to determine if Barefoot was disposing of sewage at a certified and approved collection site.
The chronology indicates some receipts were finally obtained in December of 2001, after a Nov. 5, 2001 warning from the township it would take action unless receipts for the previous year were provided.
During Tuesday’s meeting, Gurney indicated there was a several-year period where no receipts had been provided to the township between 1993 and 2000. She did indicate at one point in the 90s, four receipts covering four months were submitted to the township.
The chronology also details a series of orders issued by DEP regarding Barefoot showing inadequate records or no records provided to DEP regarding its waste hauling activities. In December of 2003, Barefoot agreed to cease waste hauling as of Jan. 1, 2004.
In May of this year, Save Our Streams asked the supervisors to provide information regarding sewage disposal at the apartment building and requested copies of files and copies of pumping receipts. In June the group asked the board for information about sewage disposal at all the buildings owned by the Gillilands at the 350/550 intersection.
At Tuesday’s meeting, and in a June 30 letter, the group asked the supervisors to immediately revoke the permit for the apartment building holding tank, indicating it believed the supervisors had the grounds and the authority to do so. Several residents and members of the group also offered public comment and supported the request.
The group and some of the residents also asked for the supervisors for help regarding how sewage issues are being handled at other Gilliland properties and at another building in the village not owned by the Gillilands.
Gurney also wanted to know who had been hauling sewage for the last several months since Barefoot agreed to stop hauling at the beginning of the year.
Supervisor chairman L. Stewart Neff said he understood the public’s frustration and noted the board has also been frustrated by the situation.
Eventually, through the recommendation of solicitor Larry Clapper, no action was taken at the meeting. However, supervisors did agree to look into the issues regarding Gilliland. There was also concern whether or not there are potential problems with other property owners.
Solicitor Clapper advised the township should be careful about singling out one property owner on the issues presented to the board. He was directed to review documentation presented to the board and suggested if immediate action regarding the holding tank permit was deemed necessary, a special meeting could be called prior to the next scheduled meeting in August.
Gurney was asked if she was pleased with the supervisor’s action.
“The supervisors have certainly shown their concern,” said Gurney.
She also indicated she understood although she had hoped for immediate action, the township for legal reasons might need to use some caution before making a decision.
A representative of the Gillilands, Rebecca Walter was at this week’s meeting and was asked her perspective.
“I think Save Our Streams was formed to stop development,” said Walter. “They will do anything they can to stop development.
She was then asked if she could understand the group’s or the residents’ concerns.
“I think Warriors Mark has a long history of independence where the township has evolved, of people having to do what they need to do for themselves without regard for other members of the community,” Walter told The Daily Herald. “That has been a continuing problem here for years and years.
“Yes, I think we have many environmental issues,” said Walter. “Do I think we are going to solve them in the manner in which they are being presented?” I think that is going to be most difficult.
“I think people need to sit down and work together to come to a solution to make the environment what they want it to be,” said Walter.
She also indicated she believed some members of the group had a personal agenda with Gilliland because of past dealings with him.
Last month, an agreement was reached between the Gillilands and the DEP stemming from Barefoot’s activities of sewage sludge dumping on some of the developer’s properties.
Under the agreement, John and Karen Gilliland are required to fully characterize the areas in question to determine the extent of any soil, surface water and groundwater contamination that the unlawful dumping may have caused.
According to a June DEP press release, the agreement requires detailed groundwater investigations if pollutant levels are slightly elevated and provides for the denial of sewage facilities planning for polluted areas.
The Gillilands are required to send notice of the agreement to anyone who purchased property in the areas in question and must offer to buy back the property from anyone who may want to do so.
The agreement includes a $20,000 civil penalty. The Gillilands have also agreed to pay penalties of $1,000 a day for each violation of the agreement.
