FOR IMMEDIATE RELEASE

July 27, 2026

Media Contacts:
Nicole Funaro, communications@publicjustice.net
Ted Evgeniadis, ted@lowsusriverkeeper.org. 717-478-1780

YORK COUNTY, PENN. — On Monday, the District Court for the Middle District of Pennsylvania imposed a $9.2 million civil penalty after finding that Republic Services of Pennsylvania LLC polluted Kreutz Creek — a tributary of the Susquehanna River — and violated the Clean Water Act. The civil penalty is double the “economic benefit” Republic Services earned through its violation of the Clean Water Act. Today’s win marks a major victory for Clean Water Act enforcement and bolsters the power of citizen-led lawsuits.

The court found that between 2019 and 2023 Republic discharged 156 million gallons of wastewater on 1,393 days without treatment for removal of two pollutants—boron and osmotic pressure. The court also found that Republic knew in November 2016 that its treatment system was inadequate to remove those pollutants, did not decide to upgrade the system until 2020, and did not install the required upgrade until 2023. Judge Wilson concluded that Republic “dragged its heals on the path towards compliance for about six years.”

The court also said that Republic’s violations “posed a serious risk of harm to the environment.” Excessive osmotic pressure can kill aquatic organisms and boron is a toxic pollutant that is harmful to humans and aquatic life.

The court’s penalty decision follows its earlier April 2025 ruling that Republic Services violated the federal Clean Water Act 419 times from July 2019 through April 2023. The landfill, located in York County, Penn., generates approximately 200,000 gallons per day of leachate wastewater. The landfill is subject to a permit under the Clean Water Act that authorizes pollutants to be discharged into Kreutz Creek. Those discharges must strictly adhere to the pollution limitations of the permit, however, and the court found Republic Services violated those terms, subjecting it to strict liability under federal law.

The citizen suit was filed in 2023 in the U.S. District Court for the Middle District of Pennsylvania. The suit alleged Modern Landfill repeatedly violated its Clean Water Act permit limits for boron and osmotic pressure – a surrogate measurement for dissolved solids. Monday’s decision confirms Republic Service’s liability for violating the boron and osmotic pressure limits in its Clean Water Act permit.

Jim Hecker, Public Justice’s Senior Environmental Enforcement Attorney in Washington, D.C., and Steve Harvey at Steve Harvey Law LLC in Philadelphia, PA, represented Lower Susquehanna Riverkeeper Association in this suit.

“Congress authorized civil penalties under the Clean Water Act to promote immediate compliance and deter future violations,” said Jim Hecker. “To achieve deterrence, they must recoup the violator’s economic benefit and account for the seriousness of the violations. The court’s decision here furthers both of those objectives.”

“Although relief was not granted to remediate the years of harm to Kreutz Creek caused by Republic Services, the civil penalty imposed by the court today provides a clear signal that neglecting responsibility to protect our waterways will be met with severe consequence,” said Ted Evgeniadis, Lower Susquehanna Riverkeeper. “Our freshwater resources are fragile, and no company, big or small, has the right to poison the waters which belong to the people of Pennsylvania.”

“Water is a precious resource that deserves protection under law,” said Steve Harvey. “The Clean Water Act is one of our most important laws for protecting water. Judge Wilson’s decision sends a clear message that violation of the Clean Water Act will not be tolerated by federal courts. I am very proud that my law firm helped to achieve this important result. “

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Lower Susquehanna Riverkeeper Association is a licensed Waterkeeper® non-profit organization dedicated to improving the ecological health of the Lower Susquehanna River Watershed and the Chesapeake Bay. The Lower Susquehanna Riverkeeper patrols the river for illegal pollution, and when necessary, enforces environmental laws to protect the river and communities that depend on it.

Public Justice takes on the most significant systemic threats to justice of our time — abusive corporate power and predatory practices, the assault on civil rights and liberties, and the destruction of the earth’s sustainability. We link high-impact litigation with strategic communications and the strength of our partnerships to combat these abusive and discriminatory systems and achieve social and economic justice. For more information, visit www.public-justice.org

Steve Harvey Law LLC is a law firm in Philadelphia, Pennsylvania, that represents clients seeking civil and environmental justice.