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Borough sues over flooding

The Palmerton Municipal Authority is taking action against Northface Development and two other companies for damages related to the 2015 flooding of a pump house located on the west plant’s grounds.

The Municipal Authority filed a complaint and three counts against Northface, Impact Environmental Consulting, and Phase III Environmental on Oct. 6, accusing the companies of failing to properly monitor and maintain the parcel where the pump house sits, resulting in the building’s flooding.

“The incident occurred because the land surrounding the pump house was graded and capped by the defendants in such a manner that large quantities of stormwater would flow and were directed into the parcel of land on which the pump house was located,” the complaint states.

The Municipal Authority alleges that the defendants were aware that any changes to the grade or materials used for soil at the site would affect water flow, drainage, and accumulation.

In addition, the document declares that the placement of fill near certain easements would have made it difficult for the municipal authority to access the mains, let alone maintain and repair them in case of damage, in essence affecting the authority’s ability to distribute water.

Within the complaint, the municipal authority directs one count of negligence, recklessness, and reckless indifference against all three defendants, along with a count of breach of implied warranty and interference with the easement against Northface. Each count demands compensatory and punitive damages exceeding $50,000.

As part of the suit, the municipal authority is demanding that Northface provide new easements for the placement of mains at the west plant site, in addition to the damages.

The relocation and installation of new mains, according to the suit, will require “substantial amounts of money.”

The civil complaint listed nine instances of costs, expenses, and losses directly related to the incident, totaling over $82,000.