SUN-GAZETTE PHOTO

Muncy Township Volunteer Fire Co., which has parked its apparatus outside its station because of a sewage backup that occurred in April, filed civil action Friday in Lycoming County Court against the township and its board of supervisors.

A hearing is scheduled on the matter at 9 a.m. on June 29 at the Lycoming County Courthouse.

The bacterial contamination at the fire company was first noticed on April 18, when an overflowing sewage pipe backed up and saturated the floors and walls of the station. The sewage and resulting bacteria spread through the building’s heating and ventilation and air conditioning system, forcing the fire company and Pennsdale EMS to vacate the facility and operate out of their parking lot. They have consistently responded to any 911 calls.

“We’re disappointed it had to come to this,” company President Nicholas Palmatier said Friday to the Sun-Gazette. “All the township had to do is sign to allow Servepro to come in and clean,” he said.

Moreover, the fire company has offered to pay for everything that was not covered under township insurance, Palmatier said.

If the township’s insurance denied the claim, as the company has been told, the fire company would pay for the whole thing, he said. “Supervisors told the insurance company their insurance has denied the claim but they have not submitted a letter stating so,” Palmatier said. “Even that doesn’t matter, it’s just how much the fire company is going to pay,” he said.

“It really doesn’t matter,” he said. “Bottom line, it gets cleaned up, and if we pay for the whole thing or part of it, it does not matter,” he said.

Furthermore, the fire company has encouraged everyone to come out to support the fire company in court on June 29.

He also noted how he would make it clear, if the court hearing is needed, to Carlucci that township Supervisor Heath Ohnmeiss, a firefighter, has been in support of the remediation the entire time.

The fire company is preparing to relocate to Muncy Area Volunteer Fire Co. on Monday, if the supervisors do not sign the document allowing Servepro in.

It is very disappointing, Palmatier reiterated, and not fair to the township residents and taxpayers the fire engines and ambulances will be 10 miles away at this fire company.

“Our fire company offered to pay for any and all remediation costs not covered by insurance,” he said.

Even if their insurance denied it, the fire company will assume all responsibility for cleanup at this time, Palmatier remarked.

As of the supervisors’ meeting this week, cleanup has not taken place because of a dispute between fire company and township supervisors Terri Lauchle, chair, and Denise Artley, vice chair. The supervisors are taking a position that such cleanup would be ordinary maintenance, which the lease states is the responsibility of the fire company.

The company has now sought through a petition for preliminary injunction to get the bacterial contamination at the fire station remediated.

Through its counsel, Marc F. Lovecchio of McCormick Law Firm, who attended this week’s supervisors’ meeting, a civil action has commenced.

The action claims the following:

A bacterial contamination was identified within the fire station, a condition that “poses a risk to the health and safety of occupants, firefighters, emergency responders, employees, volunteers and members of the public.”

In order to clean up the building, the fire company has retained or seeks to retain qualified personnel to inspect, remediate, sanitize and otherwise address the bacterial contamination.

The township has refused to permit the fire company, its agents, employees, contractors and remediation specialists to enter the premises for performing the necessary cleanup and remediation.

The township’s actions have prevented the fire company from accessing the property to conduct appropriate repairs. The contamination may worsen over time if not properly remediated.

The fire company has no adequate remedy at law. Unless injunctive relief is granted, the fire company will suffer immediate and irreparable harm, including but not limited to, continuing health and safety risks, potential expansion of the contamination, loss of the use of premises, interference with the fire company’s operations and emergency services, and damages to the property and equipment.

Granting the requested relief will preserve the status quo by permitting remediation to occur while the party’s respective rights are adjudicated

The harm to the fire company from denial of access substantially outweighs any harm to the township by allowing qualified remediation personnel to enter and perform the cleanup activities.

The requested injunction is reasonably suited to abate the offending condition and prevent further harm.

The fire company is likely to prevail on the merits because it possesses a legal right to occupy and utilize the premises and to take reasonable steps to protect the premises and its occupants from dangerous conditions.

The requested relief to the court would:

Permit the fire company, its officers, employees, agents, contractors, consultants and remediation specialists immediate access to the premises.

Enjoin the township from interfering with inspections, testing, cleanup, remediation, sanitation repair and related activities necessary to address bacterial contamination.

Schedule an expedited hearing on this petition and grant such other relief as deemed proper by the court.

Although the engine bay was not affected by the backup, the storage area for the emergency management services was affected, along with the men’s and women’s showers, the lounge area, and a hallway. The township offices, located on the upper level, were not affected, according to a report in Pennlive.com.