BUTLER TWP — About 20 residents who have resisted having their property tested for sewage leaks on Monday asked the township commissioners for help.

More than 117 property owners have told the Butler Area Sewer Authority that they will not allow testers on their property nor into their homes to look for breaks in sewer pipes or sump pumps.

Don Stutz, 145 S. Duffy Road, asked the commissioners to stop the BASA testing.

"They (BASA) came in and tested all these houses and it hasn't made any real difference in the amount of water getting into the system, so why are they still beating the residents over this."

Rudolph Corona, 110 Foster Drive, a retired school teacher, took his 15 minutes before the township commissioners quoting the U.S. Constitution, English law and Jean-Jacques Rousseau, whose political writings helped start the French Revolution. Corona said he'd rather go to jail than have his property rights violated.

The testing involves a rain simulation, which allows water to seep through the soil around a dwelling to see if it enters the sanitary sewage lines.

The testing process is another step the authority is taking to comply with a state Department of Environmental Protection's agreement calling for the removal of excess groundwater and stormwater from the sewage system.

This water, which comes from a variety of sources including downspouts and storm drains that are illegally tied into the BASA system, causes overflows of millions of gallons of untreated water containing raw sewage in several locations during heavy rain storms or snow melts.

John Schon, a BASA engineer, on June 29 said Butler County Judge William Shaffer has issued a court administrative subpoena, ordering landowners to comply with the tests or to face charges of contempt of court.

Leo Stepanian Jr., township interim solicitor, told the residents the township has no control over the sewage authority.

"The proper place to fight this is the court of common pleas," he said.

Several residents including Jackie Dimun of Linsdale Drive asked if the township would help with legal costs or if residents would need to get private counsel.

Stepanian said private attorneys would be needed, adding, "If I were you, I'd file an injunction against BASA. From what some of you are saying, they may not have the authority to test what you say they're testing."

Commissioner Joe Hasychak said the residents would feel differently if it were another utility coming on their property to fix a problem.

"What if you had a gas leak in your yard, would you let gas company workers on your property to fix the leak?" he asked.

Hasychak did not get a clear answer from the property owners, but he agreed that he is not sure the authority's testing is being properly done.

He repeatedly told the crowd they should attend the next BASA meeting and talk to the authority board.

The authority's next meeting is 9 a.m. Tuesday at the Community Development Corporation of Butler County's office in the Pullman Business Park, Butler.