Murrysville homeowners' association wants dredged sediment cleared away

One of the main reasons homeowners associations exist is to ensure the neighborhoods they govern remain clean and tidy.

It’s little wonder, then, that members of the Lyons Run Estates Homeowners Association are not pleased they’ve had several tons of dredged sediment sitting on their property for nearly two years.

“During the cleanout of a retention pond that’s completely surrounded by HOA-owned common property, hundreds of cubic yards of sediment and mud were not trucked off as contracted but dumped onto our property without our consent, permission or knowledge,” said Brandon McCullough of Murrysville, vice president of the Lyons Run Estates HOA.

Two companies, KU Resources of Duquesne and Pugliano Construction of Plum, were tasked with performing engineering work and cleaning out the retention pond in May and June of 2022. McCullough wrote three separate letters to both companies requesting action be taken, without receiving a response.

The municipal contract specifications, part of a larger project to retrofit three stormwater retention ponds, required that sediment and debris cleaned out of the pond “should be removed and placed in an approved waste area.”

For the past 23 months, it has been sitting on the HOA’s property. During that time, it was part of a landslide that briefly closed Trafford Road . A set of jersey barriers along Trafford Road marks the spot where sediment breached the roadway.

McCullough said HOA board members have reached out to the municipality to try and get the material cleaned up, to no avail.

“We have significant concerns about future liability,” he told council at its April 16 meeting. “This could continue sliding down the hill; there’s a stream about 20 feet away from where mud slides onto Trafford Road, and there are jersey barriers holding it back.”

Murrysville Chief Administrator Michael Nestico said the municipality denies any responsibility for the HOA’s allegations.

“The municipality will continue to work with the HOA and other parties involved to find an amicable solution,” Nestico said. “We are hopeful for a resolution prior to any possible litigation.”

KU Resources and Pugliano Construction could not be reached for comment.

McCullough said he hoped municipal officials would either remove the pile, take legal action to force the engineer and contractor to do so, or bring an alternative proposal to the homeowners association.

“The (deadline to file) legal action is June 1,” McCullough said. “If nothing is done by then, we’re going to be forced to sue everyone, and we do not want to do that. We just want this issue alleviated.”

Murrysville has been retrofitting its retention ponds for several years, part of its requirements under the state’s MS4 program for towns with separate municipal storm sewer systems. The program requires regular pollutant reduction plans aimed at limiting unwanted elements from entering state waterways.