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File #: 2004-0035    Version: 1
Type: Resolution Status: Passed Finally
File created: 1/20/2004 In control: Committee on Finance & Budget
On agenda: Final action: 1/27/2004
Enactment date: 1/27/2004 Enactment #: 8
Effective date: 1/28/2004    
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.
Indexes: AGREEMENTS
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 co...

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