UTMA resumes enforcement after Four Seasons Brewing case dismissed by judge | Local News

A representative of the brewery initially approached the agency asking for a solution, but eventually filed suit, asking a judge to exempt the company from the sanitary sewer ordinance because of where the wastewater is treated.

The court order states: “The crux of Four Seasons' argument is that it is not subject to UTMA's pretreatment guidelines because, although its site is located in Unity Township, its wastewater is treated by the Latrobe Municipal Authority.”

In addition, Four Seasons sought an injunction prohibiting UTMA from complying with its requirement that the company install a 500-gallon underground grease trap and all associated penalties.

The agency's attorney, Romel Nicholas, said at the agency's meeting on Wednesday that he appreciated the board's permission for his firm to represent the case. This, he said, “validates our position on the grease trap issue.”

The case was argued by Nicholas' colleague Bailey Gilchrist, who attended the meeting and said that Judge Harry Smail Jr. “agreed with us on pretty much every point” and affirmed UTMA's authority to enforce those regulations.

Last September, the agency agreed to halt enforcement actions against Four Seasons until the parties could reach negotiations. In March, it also passed a retroactive resolution clarifying the intent of previous resolutions on wastewater releases.

According to Gilchrist, the judge dismissed the lawsuit in its entirety and upheld the validity of the agency's decision.

Gilchrist said the agency will send Four Seasons a reminder letter next week after the appeal deadline expires and give the company 30 days to comply.

“I appreciate the effort and the work. I'm just saying this, and I don't speak for the entire board, but we're giving them that deadline and if they don't comply, we're going to crack down,” said board chair Thomas Couch. “I respect that they're customers – they're a member of the community and all that other stuff, but we have to consider our other community members as well.”

“Now that the court has made its decision, we will enforce it to the best of our ability.”