Big Win in Berks County

In 1996 the Wissahickon Spring Water Company applied for a permit from the PA Department of Environmental Protection to divert 220,000 gallons per day from a wetland/spring complex in the Pine Creek headwaters. They wanted the water for their bottled water business. Pine Creek is an Exceptional Value stream and a Class A trout stream. The wetlands on the site are of extremely high value, and contain the bog turtle, listed as a Federal threatened species and a state endangered species.

DEP, with no review of the ecological consequences, issued the permit (past PUs of 9/13/97 and 11/27/97 on the bog turtle pointed out how DEP was all talk and no action on protecting the bog turtle).

Local residents and local governments were outraged. Instead of giving up, they fought back and challenged the permit. Guess what? They won, with a PA Environmental Hearing Board ruling that said the DEP erred in not considering the effects of pumping on the ecology of the area, because that is considered "pollution" under the Commonwealth's Clean Streams Law-- a law that DEP is supposed to enforce. The EHB decision in this case will help activists all over Pennsylvania protect our waters. It remains to be seen whether or not DEP, which in court vigorously defended its gross inaction, will begin to protect our wetlands and waters from activities such as groundwater mining--despite all the talk about protecting rare species such as the bog turtle.

Guess what else? There is an exciting recent development in this case, but it is better told by those in the trenches. The following article is taken, with permission, from the Winter 1998/99 edition of "The Water's Edge"- newsletter of Pine Creek Valley Watershed Association, P.O. Box 239, Oley, Berks County, Pennsylvania 19547.

"For residents of the greater Oley Valley, the most exciting news of the Fall of 1998 was the departure of the Wissahickon Spring Water Company of Philadelphia. After a three-year battle waged on three legal fronts [besides the EHB, challenges were raised in the Berks County Court of Common Pleas and Federal Court--J.T.] and in the public relations arena by the Oley Coalition (including Oley Township; Pine Creek Valley Watershed Association; Pike Oley District/Preservation Coalition; and the Oley Valley Youth League), which cost the coalition collectively more than $100,000, Wissahickon finally decided to pack its bags and go home. Its lease with the owners of the Lobachsville Trout Hatchery had run out and Wissahickon, tired from a long battle with an unrelenting adversary decided not to renew.

"As you may remember, Wissahickon intended to withdraw 288,000 gallons of water per day from a well at the trout hatchery, located in the Pine Creek Watershed, to be sold elsewhere for profit as 'luxury' bottled water . According to expert testimony, the drawdown from Wissahickon's pumping well would have caused irreparable damage to 65 acres of interconnected wetlands in the watersheds of the Pine and Bieber Creeks (both watersheds are Exceptional Value) and would have destroyed the habitat of numerous rare plant species and of a Federal "Threatened" species! In addition, experts testified that Wissahickon's pumping would have an adverse effect on numerous residential springs and wells in the area. [DEP and Wissahickon offered no testimony on the effects of the drawdown on ecological resources. DEP said there was no need--J.T.]

"Members of the Oley Coalition have now entered into an agreement for purchase of the development rights to the property from the owners of the trout hatchery. This purchase will preserve the property in perpetuity in its natural state and will prevent any future proposals for water withdrawal by companies like Wissahickon. The Oley Coalition has two years to consummate its purchase. Congratulations to all involved for this extraordinary teamwork!"

Congratulations are indeed in order! Activists around Pennsylvania should take heart that persistence pays off! Another valuable lesson here, is that despite an Exceptional Value designation and the favorable decision, the resources remained under threat. The Oley Coalition was not content to rest on the favorable court decision, but has "closed the circle" in obtaining and retiring the development rights to the precious wetlands and water resources.

It should also be pointed out that these wetlands are adjacent to other protected wetlands in the Pine Creek headwaters, and will form a tremendous protected resource. Anyone wishing to help the Oley Coalition in their efforts to buy the development rights for this sensitive area should contact the Pine Creek Valley Watershed Association, P.O. Box 239, Oley, Berks County, Pennsylvania 19547. 

<<<<END>>>>

return