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Delaware County Court of Common Pleas Upholds DELCORA-Aqua Asset Purchase Agreement and Rate Stabilization Fund

Delaware County Court of Common Pleas Upholds DELCORA-Aqua Asset Purchase Agreement and Rate Stabilization Fund

 

CHESTER, PA (December 28, 2020) – Today, the Delaware County Court of Common Pleas issued an Order in the case of County of Delaware vs. Delaware County Regional Water Quality Control Authority et al. DELCORA issued the following statement in response to the order:
“The Order issued by the Delaware County Court of Common Pleas is a complete victory for DELCORA and for its ratepayers. The Court rejected every attempt by the County to attack the validity and legality of both the Asset Purchase Agreement (APA) with Aqua Pennsylvania Wastewater and the fund to offset Delcora customer bills and enjoined the County from any interference with these agreements. Notably, the Court held that:

• The County’s efforts to terminate DELCORA via Ordinance 2020-04 were taken in order to “thwart, reverse, interfere and extinguish” the obligations undertaken by DELCORA in the APA, as shown by the County’s “public rhetoric with strong political overtones;”

• The County is required to “provide full faith and credit to the Asset Purchase Agreement;”

• The law “allows DELCORA to create the Trust and allows DELCORA to convey proceeds of the DELCORA/AQUA sale into the Trust;” and

• The Fund to offset DELCORA customer bills “benefits and serves [DELCORA’s] Wastewater customers both residential and commercial.”

This decision comes on the heels of the Pennsylvania Supreme Court’s recent rejection of the County’s claim that the Delaware County Court of Common Pleas did not have jurisdiction over issues relating to the APA. It is now time for the County to accept these decisions and stop wasting taxpayers money on frivolous lawsuits and legal fees, especially in light of the resources needed to fight the ongoing COVID 19 pandemic.”

About DELCORA

The Delaware County Water Quality Control Authority (DELCORA) is a municipal authority with an almost 50-year history of successfully treating wastewater for approximately 165,000 customers in 42 municipalities in Delaware and Chester counties. DELCORA is involved in the treatment of approximately 100 million gallons of wastewater every day. It is an independent municipal authority overseen by a board of directors.

 

Additional articles about this topic can be found here:

Delaware County Judge Upholds $276 Million Sale of the Regional Sewer System

Judge Issues Order Allowing DELCORA Sale To Aqua