As city officials struggle with abandoned properties and others tied up in the legal process, progress on the state-mandated stormwater-sewer separation project has slowed.
"It's almost come to a standstill, almost," Donald J. Chescavage, city code enforcement officer, said Friday.
"Some are properties with out-of-town property owners, who are not as responsive. A lot are in the ownership of holding companies and banks," City Administrator Thomas A. Palamar said Friday.
However, on the positive side, the project is 97.54 percent complete, Chescavage said. The most high-profile property on the list of those not in compliance is a former chocolate factory tied up in legal matters, the former Mootz Candies at 220-222 S. Centre St.
The factory and store closed in July 2010 due to structural damage allegedly caused by vibrations from the construction of Union Station. On Jan. 11, the owner, the late Joseph Edgar "Ned" Buckley, filed a $2,750,000 lawsuit in county court against three of the station's contractors. Buckley died Feb. 19.
Buckley's family may reopen the Pottsville business if it's successful in the pursuit of a more than $2 million lawsuit, attorney Michael J. Fiorillo said earlier this year.
This week, the Buckley family and the attorneys for the contractors named in the lawsuit agreed to try to settle the matter out of court through a mediator, Fiorillo said Friday.
Fiorillo said Friday he wasn't aware the Mootz building was one of the buildings required to comply with the stormwater-sewer separation project and he made a note of the situation.
"Mootz is on hold because of that issue. Usually, when they start lawsuits involving properties, the lawyers will say, 'Don't touch anything until this is settled,' " Chescavage said.
"That's the only business remaining on the list that I'm aware of," Palamar said.
Looking back at the city's effort to complete the project, Chescavage said, "We did pretty good with what we accomplished."
In 2007, the city started the effort to make 1,139 property owners within city limits separate their storm drains from their sewer pipes.
In July 2011, the project was 93 percent complete.
On Friday, it was 97.54 percent complete, Chescavage said.
To date, 1,111 are complete and there are 28 remaining, Palamar said.
To spur the city and the Greater Pottsville Area Sewer Authority to complete the project, the state Department of Environmental Protection had issued a moratorium on new sewer connections.
However, in July 2011, the state recognized Pottsville's efforts to complete a massive project and gave the city permission to allow 2,625 gallons of sanitary sewage from new connections per day, the equivalent of output from 10 dwelling units per day.
Palamar said if the city required a new hook up now, the matter would be discussed with the sewer authority and a proposal would have to be sent to the state for approval.