The Herald, Sharon, Pa.

Local News

December 23, 2009

Sewer scofflaw open records case continues

List is likely shrinking

By Tom Davidson

SHARON — For six months, The Herald has been seeking public access to Sharon Sanitary Authority’s list of delinquent sewer accounts.

For six months, the authority has denied that access.

The Pensylvania Office of Open Records has ruled the list of scofflaws is a public record under the Right to Know Law.

But the authority has appealed to Mercer County Common Pleas Court to keep the list private.

The authority’s solicitor, William J. Madden, contends that releasing the list of those with overdue bills would violate the Fair Credit Extension Uniformity Act.

Judge Christopher J. St. John has yet to rule on the appeal.

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The summer sun was shining when The Herald first asked to review delinquent sewer accounts.

Most users’ bills had doubled in January to pay for the $45 million wastewater treatment plant built near the Ohio line to meet federal Environmental Protection Agency requirements.

Since then, authority members heard from many people struggling to pay their bills; some better-off people simply refused to pay.

The authority has been struggling to collect the past-due bills, which amount to about $1 million — a figure that came out only during court hearings to discuss the Right-to-Know request. A large chunk of the debt is owed by about 20 city landlords.

Although the list of scofflaws has been kept secret, the authority has filed civil lawsuits and municipal liens against several landlords who owe more than $10,000 in back bills.

When the authority filed those actions, the names became public, since the filings are public records.

The authority’s denial of the newspaper’s request is rare but not surprising, Pennsylvania Newspaper Association lawyer Melissa Bevan Melewsky said.

“It’s not the first time that I’ve heard instances of agencies denying records,” Ms. Melewsky said. “When that happens it put us back to where we were under the old law.”

That means, back in court, awaiting a judge’s ruling.

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The delay has given those with delinquent bills six months to get their accounts current.

If and when the list of scofflaws is released, it likely will be shorter than when The Herald made its initial request.

If an agency, in this case the sanitary authority, is found to be in violation of the law, it can be sanctioned and fined by a judge, Ms. Melewsky said.

“What the courts have to do is give the proper amount of deference to the Office of Open Records’ determination,” she said.

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