Presenter
Presented by Mr. Hertzberg
Title
Resolution authorizing the Mayor to enter into the Consent Order and Agreement among the City, the PWSA, the Department of Environmental Protection and the Allegheny County Health Department.
Body
Whereas, the City owns and has contracted with the PWSA to operate both sanitary sewer systems ("SSOs") and combined sewer systems ("CSS") within the City of Pittsburgh with the ALCOSAN service community (as such terms are defined in the Consent Order and Agreement attached hereto); and
Whereas, the City of Pittsburgh is a municipality subject to regulation under the Clean Streams Law, Act of June 22, 1937,P.L. 1987, as amended, 53 P.S. §§ 691.1-691.1001 ("Clean Streams Law"); and
Whereas, the Pittsburgh Water and Sewer Authority ("PWSA") is a municipal authority formed pursuant to the Authorities Act, the Act of May 2, 1945,P.L. No. 164, as amended, 53 P.S. §,§ 301 et seq. which is also subject to regulation under the Clean Streams Law, and
Whereas, the Commonwealth of Pennsylvania, Department of Environmental Protection ("Department") is the agency with the duty and authority to administer and enforce The Clean Stream Law; and
Whereas, the Allegheny County Health Department ("ACHD") is a health department organized under the Local Health Administration Law, Act 315 of August 24, 1951, P.L.1304, as amended, P.S. §§ 12001 et seq., and executes powers and duties vested in it by laws of the Commonwealth, and the rules and regulations of the State Department of Health and other departments, boards, or commissions of the State government; and
Whereas, the Department alleges that the City and the Authority have taken actions in violation of the Clean Streams Law all as described in the Consent Order and Agreement attached hereto; and
Whereas, the City and the PWSA have engaged in an eighteen month process along with the other municipalities that comprise the ALCOSAN service community to obtain compliance with the National CSO policy and the elimination of sanitary sewer overflows which process has resulted in the Consent Order and Agreement attached hereto; and
Whereas, The Consent Order and Agreement requires the inventorying of the City's collection system, assessing the sewers and performing those repairs identified during the assessment that require immediate attention. In the second phase the City and PWSA agree to monitor the flow within the sewers and implement an operation and maintenance plan for SSO's and the Nine Minimum Controls for CSO's. Additionally, the City and Authority commit to work with ALCOSAN and the other municipalities within our basin group to identify those controls necessary to bring the collection system into compliance with the Clean Water Act; and
Whereas, under the [ Capital Lease Agreement dated July 15, 1995] the City has delegated responsibility for operation and maintenance of the System to the PWSA and expressly relies on the PWSA's capacity to fulfill its obligation thereunder; and
Whereas, the City acknowledges its obligation to enact appropriate legislation necessary to comply with the Consent Order and Agreement;
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor is authorized to enter into the Consent Order and Agreement among the City, the PWSA, the Department and the ACHD in the form attached hereto and approved by the City Solicitor.