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Restaurant illegal sewage dumping case going to court

Charges against a Palmerton man accused of the illegal dumping of sewage at a Carbon County restaurant have been bound over to Carbon County Court.

Gilbert Green, 68, was scheduled to have a preliminary hearing Wednesday before District Judge William Kissner of Palmerton.Instead, Green agreed to waive his right to the hearing, and will appear Dec. 17 for a pretrial status conference in Carbon County.Green faces charges of illegally dumping sewage from the Covered Bridge Inn of Little Gap.He remains free in lieu of $10,000 unsecured bail.According to the affidavit of probable cause filed by Donald A. Hentz Jr. of the Pennsylvania Office of Attorney General, Bureau of Criminal Investigations, Environmental Crimes Unit, on Feb. 10, the Attorney General's office started an investigation based on information from Carbon County District Attorney Jean A. Engler.In March, Hentz interviewed trooper Marvin Shair of the Pennsylvania State Police, who on Jan. 3 was dispatched to the restaurant at 4300 Little Gap Road after police had received a complaint that it was dumping sewage.EvidenceShair went to the Covered Bridge Inn at 10:25 p.m. and parked along Hahns Dairy Road, where he noted the stench of sewage, as well as a septic system, including an underground tank. He could hear a pump running, and saw a black electrical cord running from the tank to inside the restaurant.Shair followed a black flexible pipe that ran across the surface of the ground into a storm drain located along Hahns Dairy Road. A green hose ran from a spigot on the side of the restaurant into the same storm drain. Clear water was running from the green hose, and brown water was running from the black hose, and the smell of sewage was evident.Shair unplugged the cord, and the pump in the underground tank stopped, as did the flow from the black hose discharging into the storm drain.Shair spoke with Covered Bridge Inn staff, who said that the illegal pumping of sewage "had been going on for years," and referred him to Green, who was sitting at the bar.Hentz spoke with Pennsylvania Fish and Boat Commission Waterways Conservation Officer Scott Christman, who said that he has received numerous complaints about the restaurant discharging sewage into Hunter Creek, which discharges into Buckwha Creek, classified as a High Quality Cold Water Fishery, and a Cold Water Fishery.On May 13, Hentz spoke with Glenn Pereira, who said that he visits the restaurant owned by Ron Gilbert as a customer. He said Green frequents it and serves as a handyman.On March 29, 2014, as well as June 2, 2014, Pereira said he witnessed the discharge of liquid wastes from the Covered Bridge Inn septic tank into a storm drain along Hahns Dairy Road. He told police Green was present and/or in the vicinity of the discharge on both occasions.On July 1, Hentz met with Sean Corey, Sewage Enforcement Officer for the township, who from April of 2009 through January 2015, received several complaints concerning the restaurant and the discharge of untreated wastewater into the storm drains along Hahns Dairy Road.Previous complaintsCorey attempted to obtain permission from Gilbert to investigate the Covered Bridge Inn's on lot septic system, but was denied access. He sent several letters via certified mail to Gilbert, notifying him of the complaints and the regulations pertaining to the illegal discharge of untreated or partially treated sewage.On June 19, Hentz put red dye into the storm drain adjacent to the restaurant. The dye was traced and entered Hunter Creek several minutes later. A laboratory confirmed the presence of the dye.On Sept. 18, Hentz spoke with Green, who said that he had worked at the restaurant for several months through 2014, and completed projects as instructed by Gilbert and his wife, Carol Withers. Green was paid for his work with food, drink and occasional lodging.Green said he was instructed by the owners to pump the liquid contents of the Covered Bridge Inn septic tank into a storm drain along Hahns Dairy Road, and estimated that he was instructed to pump the tank about "every couple of weeks." and pumped the septic tank six times or more over the course of his employment.Green said he was instructed to pump at night to avoid detection. Gilbert showed Green how to utilize a sump pump in the septic tank and to use a black and a green hose to pump the sewage and clear water from a spigot, respectively. While pumping, Green said, "it stank."Green said that he was responsible for pumping the waste into the storm drain that day as instructed by Gilbert, and/or Withers.Records confirm that Caron Associates LLC at 120 Whispering Wood Drive, Palmerton purchased the Covered Bridge Inn on April 18, 2003.As Gilbert is the principal in Caron Associates, he has also been charged in the incident.

Gilbert Green is shown leaving the office of District Judge William Kissner of Palmerton on Wednesday. Green faces counts of unlawful conduct, prohibition against other pollution, pollution of waters, and sewage discharges.