ELR Citation: 48 ELR 20159
No(s). 844 C.D. 2017 (Pa. Commw. Ct. Sep 10, 2018) (Brobson, J.)

A Pennsylvania court affirmed the Pennsylvania Environmental Hearing Board's civil penalty assessment against a natural gas exploration company for violating the state Clean Streams Law. The company argued there was insufficient evidence to support the board's determination that contaminated water continued to infiltrate groundwater beneath the company's impoundment after the date on which the company drained the impoundment, pressure washed it, and patched holes in the liner. But the court found no error in the board's decision to find and assess daily violations based in substantial part on an expert witness' testimony and expert report. The company further argued there was insufficient evidence to support the board's determination that it acted recklessly with respect to the design and construction of its impoundment, its investigation of the releases, and its response to them. But the court concluded the board's findings that the company was aware that this type of unconventional impoundment was risky and that it failed to employ the impoundment with any level of haste when monitoring results indicated a leak supported the determination of recklessness. The court therefore affirmed the board's civil penalty assessment.