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Friday, September 5, 2014

Roadside Spring Legal Issues to Be Considered

Roadside Spring Legal Issues to Be Considered

Penn State Extension
Posted: September 4, 2014
By the end of 2015, this roadside spring in Fox Township, Elk County, may be the most talked about spring in the state of Pennsylvania. On September 3, 2014, the Township Supervisors of Fox Township voted unanimously to cooperate with Penn State Law Students, under the direction of Ross Pifer, Director of the Rural Economic Development Clinic, to examine the legal issues for the municipality concerning the spring.
Roadside Spring Legal Issues to Be Considered

In 2013, Penn State Extension Water Resources Team sampled 35 roadside springs, located in 19 counties, throughout Pennsylvania. Ninety-one percent of these springs tested positive for coliform bacteria and 34 percent tested positive for E. coli bacteria. Public drinking water supplies must meet the EPA standard of zero for both of these drinking water parameters. This information was presented at a workshop at the 2014 Pennsylvania Association of Township Supervisors (PSATS) Conference in Harrisburg. Mike Keller, Fox Township Supervisor, attended that session and asked the Penn State Extension Water Team to test the roadside spring in Fox Township. On August 7, 2014, Water Resources Extension Educator, Jim Clark, sampled and tested the spring and it was positive for both coliform bacteria and E. coli bacteria. 

The Fox Township Supervisors are now in the position of many supervisors across the state. They have a roadside spring where people are collecting water for drinking and it has tested as not safe for human consumption, without treatment. The Penn State Extension Water Team contacted the Penn State Law School to gather more information about the legal issues surrounding roadside springs in Pennsylvania. The Penn State Law Students will now assist the Fox Township Supervisors by researching the legal questions such as; what actions, if any should the supervisors take, are township supervisors in any way responsible for the roadside spring, or should a sign be posted at the spring, and if so, what should it say.

The Penn State Water Resources Team is hoping to present an updated roadside spring workshop at the 2015 PSATS Conference reporting on the Fox Township project and also on the additional water testing they have completed since 2013. More Information...

10 comments :

Anonymous said...

There should be one that reads, "Don't Drink the Water and Don't Breathe the Air".





And placed at the Pennsylvania border.

Anonymous said...

why don't post what the water test to indicate what is unsafe ?

McElwain Hall said...

We've been drinking fresh spring water for years and haven't died from it. A little bit of dirt keeps our immune systems functioning, and cuts down on the need for all the antibacterial soaps and washes that are overused & causing the "bugs" to become resistant. I bet this is a SCAM to force the public to buy more bottled water!!! Free water will soon go the same direction as free TV is heading.

Anonymous said...

It's all about control ! The Austin borough had 100 year old drinking sources deemed unfit to drink when they put in the water system and told everyone they had to hook up and pay or get a fine! They never showed any test results to prove it they just made it the law!

Anonymous said...

Is the spring in question on the fox township supervisors property? If not, the fox township supervisors need to mind their own business, the quality of water in that spring is no concern of theirs. Just another way of government telling you what you can and cannot do. Go patch some roads fox township supervisors

Anonymous said...

This happened a number of years ago.There was a spring in Lancaster County that the State said was unsafe. A person I know took three samples from this spring. He sent them to a state lab with three different sources listed. SHAZAM SHAZAM The one marked for the spring failed, the other two were OK. Big brother has spoken.

Anonymous said...

This is a bunch of B.S.! I'm damn near 50 years old and grew up drinking water from springs-at the home I grew up in, at my grandparents (who carried water into their home in pails as they had no indoor plumbing), and where I moved to and currently still reside. If the three sources of water I've drank from for my entire life are hazerdous to my health then Thank You God because I look great, feel great and can outdo most my age by a longshot! The body does build immunities thru exposure and all of the bacteria and virus killing agents used in everything today is actually making people sick as they have no natural resistance. Leave Mother Nature alone and quit trying to make a buck at the expense of human life and happiness! Spring water is a gift.

Anonymous said...

I hope that these comments are all being made tongue-in-cheek. If the above comments are serious reflections of how the writers feel about this issue then I am embarrassed to admit that I live here. The fact that I know an 80-year-old smoker doesn't not mean that smoking is safe for my health.

Anonymous said...

I think it's more of a problem that if somebody drinks this water and gets sick, will they sue the township for permitting access to a source of water that is supposed to be unsafe. People will sue over nothing. Do you want your township to be sued so that you the tax payers have to foot the bill? I don't think so. Better to be safe than sorry and disconnect the pipe and remove the collection box. Just putting a sign on it saying it is unsafe and not to drink it won't protect you in a lawsuit. Everything has to be idiot proof these days.

And just because a spring was safe years ago, or even yesterday, doesn't mean it is safe today. A diseased animal could have died and be rotting feet from the spring. That's why these thinks need to be monitored frequently.

Anonymous said...

More Educated Morons to screw this country up. Ye pmore liberals doing what they do best. getting their nose where it do not belong.