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Ferguson Township OKs Duck Pond MS4 Credit Agreement with Penn State, Raises Long‑term Liability Questions
Summary
Ferguson Township authorized a nonbinding term sheet with Penn State to take 43% responsibility for maintenance tied to shared MS4 DECON credits, enabling the township to record roughly $245,000 in credits but prompting debate over open‑ended repair exposure and DEP approval dependency. The measure passed 4–1.
Ferguson Township’s Board of Supervisors voted 4–1 May 6 to authorize a nonbinding term sheet with Penn State that would let the township use DECON (duck pond) stormwater credits toward its MS4 permit obligations while accepting a share of ongoing maintenance responsibilities.
Township Manager said staff and the township solicitor negotiated the term sheet with Penn State after the board previously directed staff to pursue the duck pond credits rather than an in‑town restoration project. "We are responsible for 43% of the maintenance," the manager said during the presentation, characterizing the deal as an alternative to…
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