Lawsuit filed alleging 'dangerous' levels of 'forever chemicals' in York County creek

Last year, Lower Susquehanna Riverkeeper Ted Evgeniadis began monitoring pollution levels in Kreutz Creek, downstream from Modern Landfill.

It was part of a study by the national Waterkeepers Alliance seeking to determine the scope and breadth of contamination from PFAS in the nation’s waterways.

He said he found levels of PFAS – ubiquitous compounds called “forever chemicals" because they do not break down naturally – in the creek were, by far, the highest in the country included in the study, exponentially higher than standards set by the U.S. Environmental Protection Agency.

Modern’s owner, Republic Services, is in the midst of upgrading its wastewater treatment plant – expected to be completed by May of this year – but Evgeniadis said it’s not clear whether the upgrades will reduce the levels of the chemicals to acceptable levels.

Previously:York County creek samples show highest levels of 'forever chemicals' in the country

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So, on Wednesday, Evgeniadis filed a citizen lawsuit against Republic Services and Modern Landfill, asking a federal judge to require the landfill to comply with standards set in the Clean Water Act and to impose penalties for what Evgeniadis describes as ongoing violations of the law.

“The violations are continuing, so today we filed the citizen suit,” the riverkeeper said. “We’re looking to address the contamination, and we’re looking for civil penalties.”

The suit alleges that discharges of the dangerous chemicals into Kreutz Creel “had dramatically degraded water quality and safety throughout the creek and the Susquehanna River,” according to a news release.

Jim Hecker, the environmental enforcement director of the Washington-based nonprofit legal advocacy group Public Justice, said in a statement, “Modern Landfill continues to violate the Clean Water Act on a consistent basis. The landfill’s discharges threaten the health and safety of local residents and the public who want to recreate and fish around Kreutz Creek. The owners of the landfill must be held accountable.”

The family of PFAS – Perfluoroalkyl and Polyfluoroalkyl Substances – are used in the manufacture of everything from nonstick cookware to food packaging to electronics. The Centers for Disease Control and Prevention has warned that they have been known to cause a variety of ailments, including cancer, liver and kidney disease, reproductive issues and hormonal disruptions. A CDC study has found PFAS in the blood of 97 percent of Americans.

Last year, members of the Waterkeepers Alliance tested PFAS levels in 114 waterways across the country. The levels found in Kreutz Creek – exponentially higher than levels set by the EPA in its Drinking Water Advisory – were the highest in the country. The EPA advisory is not legally binding and Kreutz Creek, while it flows into the Susquehanna River, is not a source of drinking water.

Evgeniadis has been testing the creek for pollutants for at least two years, taking samples upstream and downstream from the discharge pipe from the Windsor Township landfill. The samples, he said, revealed lithium, uranium and arsenic. However, he said, “PFAS are the biggest issue we have at the site.”

Modern Landfill has been operating its wastewater treatment plant under a consent decree with the state Department of Environmental Resources since August 2020, pledging to upgrade the facility by May 2022. That deadline has been extended to May of this year.

Tim O'Donnell, general manager of Modern Landfill, which has been owned and operated by Republic Services since 1999, responded to the lawsuit in a statement that read, "We are reviewing the Riverkeeper’s complaint and cannot comment on pending litigation. However, Modern Landfill remains compliant with the consent agreement it signed with the Pennsylvania Department of Environmental Protection, and continues to work with the DEP on the issues being raised by the Riverkeeper. Construction on Modern’s new on-site advanced wastewater treatment plant is more than two-thirds of the way complete and on track for opening this year. This $23 million infrastructure project is part of Modern’s continuing commitment to our neighbors. We manage our operations safely and responsibly, in full compliance with regulatory standards.”

Republic Services, which has owned the landfill since 1999, said at the time of the release of the Waterkeepers Alliance study that it “cannot speak to the quality or accuracy of the sampling data provided by the alliance, nor the methodology it used.” The landfill has operated a wastewater treatment plant at the site since 1988 and described its regulatory oversight as “rigorous.”

The company also noted that the $23 million upgrade of its wastewater treatment plant includes installation of technology capable of treating PFAS. The updated plant is expected to be operational by mid-year, the company said.

Columnist/reporter Mike Argento has been a York Daily Record staffer since 1982. Reach him at mike@ydr.com.

This article originally appeared on York Daily Record: Modern Landfill sued over levels of 'forever chemicals' in local creek