The Dallas Area Municipal Authority is now facing charges after an "unpermitted and uncontrolled" sewer overflow bypass pipe dumped millions of gallons of untreated sewage into Toby Creek for many years.

According to a criminal complaint filed today, DAMA is being charged with unlawful contact, unlawful discharge, violations of the Clean Water Act, and other related charges.

The bypass pipe was intentionally installed to be hidden and was only seen when entering the concrete culvert, according to the complaint.

The Pennsylvania Department of Environmental Protection (DEP) conducted an inspection of DAMA’s facility in 2017 and discovered that there was an unpermitted and uncontrolled Sanitary Sewer Overflow occurring. Untreated sewage was being discharged directly into Toby’s Creek for a period of more than two weeks in the amount of 500,000 to 1,500,000 gallons per day.

In 2018, DEP conducted another inspection of the DAMA facility and discovered the existence of a bypass pipe, along with related inlets, piping, and wastewater flow diversions, which again resulted in the discharge of untreated sewage into Toby’s Creek. None of these structures were reported to, approved by, or permitted by DEP.

It was then that the pipe, likely installed in 2008, was found emptying a concrete box culvert filled with black liquid into the water.

The complaint states that the black liquid came from an equalization tank diverted through the PVC bypass pipe to the concrete box culvert.

DAMA employees were interviewed and claimed to be aware of the bypass pipe, but were allegedly unsure of who ordered it to be installed.

The Attorney General's Office has assumed jurisdiction over this case.