RESOLUTION NO.
79-04
A RESOLUTION OF THE WEST MIFFLIN
SANITARY SEWER MUNICIPAL AUTHORITY, ALLEGHENY COUNTY, PENNSYLVANIA AUTHORIZING
THE PROPER OFFICERS OF THE AUTHORITY TO EXECUTE THE ALLEGHENY COUNTY HEALTH
DEPARTMENT’S ADMINISTRATIVE CONSENT ORDER PURSUANT TO THE PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION WATER QUALITY MANAGEMENT AND
ENVIRONMENTAL PROTECTION AGENCY’S CLEAN WATER ACT.
WHEREAS, the Authority was notified in 2003 of the Environmental Protection Agency’s requirement to execute the Allegheny County Health Department’s proposed Administrative Consent Order or be subject to traditional federal enforcement action; and
WHEREAS, the Authority is compelled to comply with the Administrative Consent Order as a result of its location within the ALCOSAN service area; and
WHEREAS, the Authority is desirous of executing said agreement subject to enumerating certain reservations.
NOW, THEREFORE, BE IT RESOLVED and enacted by the West Mifflin Sanitary Sewer Municipal Authority, Allegheny County, Pennsylvania, as follows:
1. The proper officers of the Authority are hereby authorized to execute the Administrative Consent Order between the Authority, the Allegheny County Health Department, the Pennsylvania Department of Environmental Protection and the United States Environmental Agency; and the Authority executes same subject to the following exceptions.
2. The
Authority denies specifically certain allegations outlined in the
Administrative Consent Order. Among
them:
A. The
Authority denies contributing to the discharge of untreated sewage from one or
more SSO downgradient from the Authority.
B. The
Authority denies specifically contributing to the discharge of untreated sewage
at points of connections within the ALCOSAN owned system.
C. The
Authority specifically denies that it is causing any detriment to the public
health.
D. The
Authority specifically denies that it contributed to the combined sewer
overflows in CSO communities.
E. The
Authority specifically denies Allegheny County Health Department allegations
that it has not properly operated its system.
3. The
Authority objects to the fact that ALCOSAN is not a signatory to the Consent
Order.
RESOLVED this _____ day of _______________,
2004.
ATTEST: WEST
MIFFLIN SANITARY SEWER
MUNICIPAL AUTHORITY
____________________________ By___________________________
Secretary Chairman