Chapter 1044 Sewer Agreements

The Municipality shall enter into, execute and deliver an Agreement with the City of Pittsburgh, the Allegheny County Sanitary Authority, the Borough of Blawnox, the Borough of Verona, the Township of O'Hara and the Allegheny County Work House and Inebriate Asylum, in substantially the following form:

AGREEMENT
THIS AGREEMENT, dated for the convenience of reference as of the first day of February, 1952, by and among
CITY OF PITTSBURGH
(hereinafter sometimes called the "City"), a municipal corporation of the Commonwealth of Pennsylvania located within the County of Allegheny,
ALLEGHENY COUNTY SANITARY AUTHORITY
(hereinafter sometimes called the "Sanitary Authority"), a body corporate and politic of the Commonwealth of Pennsylvania duly created and existing under the provisions of the Municipality Authorities Act of 1945, as amended,
BOROUGH OF BLAWNOX
TOWNSHIP OF O'HARA
BOROUGH OF VERONA
TOWNSHIP OF PENN
(hereinafter sometimes called singly "Blawnox," "O'Hara," "Verona" and "Penn," indiscriminately the "Municipality" and collectively the "Municipalities"), municipal corporations or political subdivisions of the Commonwealth of Pennsylvania located in the northeastern part of Allegheny County, and
ALLEGHENY COUNTY WORK HOUSE AND INEBRIATE ASYLUM
(hereinafter sometimes called the "Workhouse"), a Pennsylvania corporation created by and existing under the provisions of the Act of Assembly of February 1, 1866 (P.L. 8), as supplemented and amended, with premises located adjacent to the Borough of Blawnox,
WITNESSETH:
WHEREAS, the City, the Municipalities and the Workhouse have heretofore constructed certain sewers but do not have facilities for the treatment and disposal of sewage, and sewage entering their sewers is being discharged without treatment into the rivers and streams; and
WHEREAS, a number of municipalities adjacent to the City have connected their sewers with the City's sewerage system; and
WHEREAS, there are many industries in the Pittsburgh area which are discharging large quantities of industrial wastes without treatment either directly into such rivers and streams or indirectly through the sewers of the municipalities in which they are located; and
WHEREAS, such discharge of untreated sewage and industrial wastes has polluted the rivers and streams, and such pollution has made the rivers and streams undesirable as sources of public water supply and unsafe for bathing, boating and other recreational purposes; is detrimental to business and commercial interests in the Pittsburgh area; and constitutes a serious menace to the health and safety of the inhabitants of the City, the Municipalities, the Workhouse and such adjacent municipalities and industries; and
WHEREAS, the Sanitary Water Board of the Commonwealth of Pennsylvania (hereinafter sometimes called the "State Board"), acting to abate stream pollution, pursuant to authority conferred upon it by the Act of the General Assembly of Pennsylvania approved June 22, 1937 (P.L. 1987), as amended, ordered and directed sewered municipalities and waterfront corporations in Pennsylvania, including the City, the Municipalities and the Workhouse;
(a)	To discontinue the discharge of untreated sewage into the waters of the Commonwealth; and
(b)	To submit, either alone or jointly with any mutually interested Municipality or municipalities, construction plans and specifications for the necessary sewers, pumping stations and treatment works to collect and convey its sewage to a suitable site or sites and provide treatment thereof; and
WHEREAS, the Sanitary Authority was organized by the County Commissioners of Allegheny County to collect, transport, treat and dispose of the sewage and industrial wastes of all the municipalities in the County and thus enable them to comply with the orders of the State Board; and
WHEREAS, after careful consideration of alternative projects the City selected one called Project Z, and pursuant to such decision executed an agreement with the Sanitary Authority for the preparation of detailed construction plans and specifications for a sewage disposal system to serve at uniform rates an area comprising the City and all or portions of numerous adjacent municipalities, but excluding the Municipalities (except for parts of O'Hara and Penn) and the Workhouse, and agreed to advance to the Sanitary Authority, as a loan, the entire cost of such plans and specifications, estimated at $2,000,000; and
WHEREAS, except for a portion of O'Hara and a portion of Penn, which by separate Standard Municipal Agreements heretofore executed will be served by the sewage disposal system at Project Z rates, no arrangements have been made to treat and dispose of the sewage of the Municipalities or the Workhouse in compliance with the State Board's orders; and
WHEREAS, the City and the Sanitary Authority are willing that the sewage disposal system contemplated by Project Z be enlarged to provide sewage disposal facilities to serve the Municipalities and the Workhouse, if the Project Z rates will not be increased thereby and if the revenues derived from the Municipalities and their inhabitants and from the Workhouse, as provided in this Agreement, will pay for the added cost of serving them, including, without limitation, debt service on the Upper Allegheny bonds; and
WHEREAS, the preparation of construction plans for an enlarged sewage disposal system will be unjustified, and the plans for the extra sewage collection facilities to serve the Municipalities and the Workhouse will be valueless, unless they or their residents become legally bound to accept and pay for sewage collection and treatment service from the time service can begin until such time as the revenue bonds to be issued for construction shall be fully retired; and
WHEREAS, the securing of sewage service from the facilities of Project Z under the terms of this Agreement will result in much lower cost to the Municipalities and their residents and to the Workhouse than would result from the construction and operation of separate or joint sewage disposal facilities for themselves alone; and
WHEREAS, the execution and performance of the present Agreement by the Municipalities will benefit the Municipalities and their residents and will constitute compliance with the orders of the State Board.
NOW, THEREFORE, in consideration of the premises and the undertakings of each party to the others, the parties hereto, each intending to legally bind itself, its successors and its assigns, covenant and agree as follows:
1.	As used in this Agreement:
	a.	"Project Z" means the project contemplated by the City under its agreement of August 1, 1949, with the Sanitary Authority (of which agreement a copy has been furnished to each of the Municipalities and to the Workhouse), for the collection, treatment and disposal of the sewage of the City and certain adjacent municipalities by a single system at uniform rates.
	b.	"Standard Municipal Agreement" means the tri-party agreement of December 1, 1949, for sewage service at uniform rates from Project Z executed severally in substantially identical form by the City, the Sanitary Authority and each of 61 adjacent municipalities, of which agreement a copy has been furnished to each of the Municipalities and to the Workhouse.
	c.	"Sewage disposal system" means the sewage collection, transportation, treatment and disposal system contemplated by the Agreement of August 1, 1949, between the City and the Sanitary Authority and by the several Standard Municipal Agreements of December 1, 1949, with added treatment plant capacity to handle the maximum quantity of municipal sewage emanating from the enlarged service area as estimated for the year 1965, and with interceptor sewers within the original service area enlarged to accommodate the maximum foreseeable future quantity of such sewage (as estimated for the year 2000). The general layout is shown on Exhibit A attached to and made a part of this Agreement.
	d.	"Upper Allegheny System" means the sewage interception and transportation system required to intercept the sewage of the Municipalities and the Workhouse and transport the same to a connection with the sewage disposal system at the eastern terminus of its Allegheny River interceptor sewer in the Borough of Aspinwall. The system shall consist of interceptor sewers, pumping stations, force mains, storm water control works and appurtenant facilities, as shown generally on Exhibit B attached to and made a part of this Agreement. Such Upper Allegheny System shall include interceptor sewers of adequate capacity to accommodate the maximum foreseeable future quantity of municipal sewage of the Municipalities and the Workhouse (as estimated for the year 2000).
	e.	The "Sewage Agency" means the agency, to be designated by the City pursuant to Paragraph 3 hereof, which will build and operate the sewage disposal system and the Upper Allegheny System.
	f.	"Original service area" means the area shown on the map marked Exhibit A attached to and made a part of this Agreement (which includes a portion of O'Hara and a portion of Penn), and additional areas entitled by agreement with the City and the Sanitary Authority or with the Sewage Agency to receive sewage service from the sewage disposal system at Project Z rates.
	g.	"Added service area" means the entire service area of the Upper Allegheny System, comprising all three of the zones shown on Exhibit B attached to and made a part of this Agreement (encompassing Blawnox, the Workhouse and indicated portions of O'Hara, Verona and Penn) and any additions to any or all of such zones.
	h.	"Enlarged service area" means the original service area plus the added service area.
	i.	"Project Z bonds" means the revenue bonds to be issued by the Sewage Agency, the proceeds of which are used for constructing and putting into operation the sewage disposal system and for other purposes required under the several Standard Municipal Agreements, and all revenue bonds issued by the Sewage Agency to maintain, repair, improve, rebuild or extend the sewage disposal system.
	j.	"Upper Allegheny bonds" means the revenue bonds to be issued by the Sewage Agency, the proceeds of which are used to construct and put into operation the Upper Allegheny System, which bonds may be secured by the provisions of a separate resolution or indenture and the pledge of the Upper Allegheny extra charges only or may be secured by the provisions of the same resolution or indenture as the Project Z bonds and, ratably with the Project Z bonds, by the pledge of all the revenues of Project Z and the Upper Allegheny System, and all revenue bonds issued by the Sewage Agency to maintain, repair, improve, rebuild or extend the Upper Allegheny System, howsoever such bonds may be designated when issued.
	k.	"Sewage service charges" means the Sewage Agency's charges for sewage collection, treatment and disposal service (sometimes herein called "sewage service"), whether calculated under the Project Z rates or under any of the three Upper Allegheny zone rates, and whether payable by the Municipalities or by their inhabitants using water in or on sewered premises therein.
	l.	"Project Z rates" means the schedule of uniform sewage service charges of the Sewage Agency applicable throughout the original service area of the sewage disposal system and comprising a portion of each of the several Upper Allegheny schedules of zones rates, based upon water usage in sewered premises (as set forth in Paragraph 14 hereof) and so calculated as to yield in the aggregate during each month or quarter year the amount required in each such month or quarter year for paying all current administrative, operating and maintenance expenses of the Sewage Agency in providing service within the original service area, and the interest on and the principal of all outstanding Project Z bonds and other Project Z obligations as the same become due and payable, and to create such reserves for such purposes as may be required by any resolution authorizing the issuance of such Project Z bonds or in any trust indenture securing the same.
	m.	"Zone 1" or "Upper Allegheny Zone 1" means the area from which the sewage and wastes shall enter the Upper Allegheny interceptor sewer at the existing Blawnox sewer outfall, at the Squaw Run pumping station or at any intermediate connecting point along the said interceptor sewer located on the right bank of the Allegheny River. The present approximate area of such Zone 1 is indicated generally on Exhibit B attached hereto.
	n.	"Zone 2" or "Upper Allegheny Zone 2" means the area from which the sewage and wastes shall enter the said Upper Allegheny interceptor sewer located on the right bank of the Allegheny River at any point upstream from the existing Blawnox sewer outfall. The present approximate area of such Zone 2 is indicated generally on Exhibit B attached hereto.
	o.	"Zone 3" or "Upper Allegheny Zone 3" means the area from which the sewage and wastes shall enter the Upper Allegheny interceptor sewer system on the left bank of the Allegheny River, including the sewage ejector station and the Verona pumping station. The present approximate area of such Zone 3 is indicated generally on Exhibit B attached hereto.
	p.	"Zone 1 extra charges" means the extra sums, whether paid by water users as amounts added to the Project Z rates on their individual bills or paid in the aggregate by the affected Municipalities and by the Workhouse, which the Sewage Agency shall compute as being reasonably required to yield, from all customers in Zone 1, 35.3% of the annual burden and coverage required for the Upper Allegheny System. Such annual burden and coverage shall consist of:
		(a)	The cost of operating and maintaining the Upper Allegheny System, and all administrative and other expenses in connection therewith;
		(b)	The interest on and the principal of all outstanding Upper Allegheny bonds and other Upper Allegheny obligations as the same become due and payable; and
		(c)	Such reserves for such purposes as may be required by any resolution authorizing the issuance of such Upper Allegheny bonds or in any trust indenture securing the same.
	q.	"Zone 2 extra charges" means the extra sums, whether paid by water users as amounts added to the Project Z rates on their individual bills or paid in the aggregate by the affected Municipalities, which the Sewage Agency shall compute as being reasonably required to yield, from all customers in Zone 2, 9.3% of the annual burden and coverage required for the Upper Allegheny System, as defined above in subparagraph p.
	r.	"Zone 3 extra charges" means the sums, whether paid by water users as amounts added to the Project Z rates on their individual bills or paid in the aggregate by the affected Municipalities, which the Sewage Agency shall compute as being reasonably required to yield, from ail customers in Zone 3, 55.4% of the annual burden and coverage required for the Upper Allegheny System, as defined above in subparagraph p.
	s.	"Zone 1 rates" or "Upper Allegheny Zone 1 rates" means the Sewage Agency's schedule of sewage service charges comprising the Project Z rates plus the Zone 1 extra charges (either totaled or shown separately on the Sewage Agency's bills or tariffs, at the option of the Sewage Agency).
	t.	"Zone 2 rates" or "Upper Allegheny Zone 2 rates" means the Sewage Agency's schedule of sewage service charges comprising the Project Z rates plus the Zone 2 extra charges (either totaled or shown separately on the Sewage Agency's bills or tariffs, at the option of the Sewage Agency).
	u.	"Zone 3 rates" or "Upper Allegheny Zone 3 rates" means the Sewage Agency's schedule of sewage service charges comprising the Project Z rates plus the Zone 3 extra charges (either totaled or shown separately on the Sewage Agency's bills or tariffs, at the option of the Sewage Agency).
2.	The City and the Sanitary Authority reaffirm their agreement of August 1, 1949, whereunder the City agrees to loan to the Sanitary Authority $2,000,000 for the preparation of detailed construction plans and specifications for the Project Z sewage disposal system, and in consideration of the undertakings of the Municipalities and the Workhouse hereunder the City and the Sanitary Authority hereby agree to modify and extend the facilities to the end that the Municipalities and the Workhouse shall receive sewage service from Project Z and the Upper Allegheny System, at the rates and under the conditions hereinafter set forth. The City and the Sanitary Authority each covenants with the Municipalities and the Workhouse to carry out its undertakings under said agreement of August 1, 1949, as thus amended to include the Municipalities and the Workhouse.
	In no event shall the rights of the Municipalities or of the Workhouse under this Agreement be greater than the rights of the Municipalities in the original service area under the several Standard Municipal Agreements executed by them.
3.	The City reserves the right, after the plans and specifications to be prepared by the Sanitary Authority shall have received the final approval of the State Board, to designate the agency which shall construct and operate the sewage disposal system and the Upper Allegheny System. Such Agency, herein referred to as the "Sewage Agency," may be the City itself, the Sanitary Authority, a Municipal Authority to be organized by the City, or any other agency having legal authority to construct and operate the sewage disposal system.
	The parties agree that the rights given under this Agreement to the Sewage Agency are primarily given to the Sanitary Authority, for the benefit of the City, and that the Sewage Agency designated by the City, if other than the Sanitary Authority, shall be the assignee of the Sanitary Authority's rights. The Sanitary Authority agrees that the designation by the City of a Sewage Agency other than the Sanitary Authority shall constitute an assignment, by the Sanitary Authority to the Sewage Agency so designated by the City, of the Sanitary Authority's rights as Sewage Agency under this Agreement. If the designated Sewage Agency is the City, such assignment shall become effective automatically. If it is neither the City nor the Sanitary Authority such assignment shall become effective upon formal acceptance of this Agreement by the designated Sewage Agency. The Sanitary Authority further covenants to execute promptly, upon request of the City, a formal assignment of such rights to such designated Sewage Agency, though such formal assignment is not necessary. The Municipalities and the Workhouse recognize that performance of the duties imposed by this Agreement on the Sewage Agency will be substantially the same whether done by the City itself, the Sanitary Authority, an authority to be organized for such purpose by the City or any other lawful agency, inasmuch as the personnel of the Sewage Agency during the extended life of this Agreement cannot be foreseen and would in any event not be selected by the Municipalities or the Workhouse and since the sewage service charges of the Sewage Agency, as more fully hereinafter set forth, are limited to yield only sufficient revenues to meet administrative and operating expenses and the debt requirements hereinafter set forth. The Municipalities and the Workhouse, therefore, hereby specifically assent to any such assignment, and covenant severally to perform all acts and discharge all duties and obligations required of them under this Agreement, whether the Sewage Agency be the Sanitary Authority or any other agency designated by the City.
	The City covenants that within a reasonable time after receiving an order or orders from the State Board to construct the sewage disposal system and the Upper Allegheny System, following final approval of the plans and specifications therefor, the City will by proper ordinance designate a suitable Sewage Agency to construct and operate the sewage disposal system and the Upper Allegheny System in accordance with this Agreement. Paragraphs 6 through 24 of this Agreement shall not be carried into effect until the City shall, by formal ordinance duly enacted, designate such Sewage Agency.
4.	The Municipalities and the Workhouse understand that the undertakings, pursuant to this Agreement, of the Sanitary Authority to design, and of the Sewage Agency to construct and operate, the Upper Allegheny System are solely for the benefit of the Municipalities and the Workhouse, to enable them to comply with the orders of the State Board and in discharge of their legal duty to cease polluting the waters of the Commonwealth. The Municipalities and the Workhouse therefore agree to pay, in the manner hereinafter set forth, the cost of preparing detailed construction plans and specifications for the Upper Allegheny System and for design modification of the sewage disposal system necessitated thereby, and to pay also, either alone or in conjunction with additional municipalities and other water users who or which may hereafter be permitted to use the Upper Allegheny System, the full cost of the construction, maintenance, operation, repair, reconstruction, improvement and extension thereof. Separate books of account shall be kept by the Sewage Agency showing in reasonable detail the items of cost or expense in connection with the Upper Allegheny System, including those relating to the Upper Allegheny bonds.
5.	It is agreed that the cost of preparing detailed construction plans and specifications for the Upper Allegheny System and for modifications of the sewage disposal system necessitated thereby, is $27,700, which the Municipalities and the Workhouse hereby covenant to pay to the Sanitary Authority as follows:
	By Blawnox		$6,200
	By the Workhouse		$2,000
	By O'Hara		$3,500
	By Verona		$13,000
	By Penn		$3,000
			$27,700
	Half the above allocated sums shall be paid within 60 days after the execution of this Agreement and the remainder not later than February 1, 1953. Prompt payment of all said sums is hereby made of the essence of this Agreement, and failure of any Municipality or of the Workhouse to pay its share of the installment of $13,850 before the expiration of said sixty-day period shall release the Sanitary Authority, the City and the Sewage Agency from any obligation to provide sewage facilities for or sewage treatment service to the Municipalities or the Workhouse or to any of them and their respective inhabitants. Failure of any Municipality or of the Workhouse to pay its share of the balance of $13,850 on or before February 1, 1953, shall have the same effect.
6.	The Sanitary Authority covenants with the City, the Municipalities and the Workhouse, and the City similarly covenants with the Municipalities and the Workhouse, that if it is designated by the City to be the Sewage Agency, it will well and truly perform all the acts and discharge all the duties and obligations imposed upon the Sewage Agency by this Agreement; and that if it is not so designated, it will cooperate fully with the designated Sewage Agency and will assign to it, without charge, any rights and powers it may have in aid of the carrying out of the remaining provisions of this Agreement.
7.	The City covenants with the Municipalities that the same duties and obligations which are herein imposed upon the Municipalities (except the payment of the sums required under Paragraph 5 hereof and except the payment of any sewage service charges in excess of the Project Z rates) will likewise be assumed and borne by the City.
8.	The Sewage Agency designated and qualified pursuant to the provisions of Paragraph 3 of this Agreement shall:
	(a)	Promptly issue and sell project bonds, in sufficient amount to pay:
		(1)	The cost of constructing the sewage disposal system and placing the same in operation;
		(2)	All loans and advances heretofore or hereafter made to the Sanitary Authority by the City and the Federal Works Administration;
		(3)	All obligations incurred by the Sanitary Authority and by the Sewage Agency which are repayable out of such bond proceeds; and
		(4)	All other lawful requirements of the Sewage Agency in connection with the sewage disposal system, including, but without limitation, the cost of all lands, property, rights, easements and franchises acquired, financing charges, the cost of legal services, administrative expenses and all other expenses necessary or incident to the construction of the sewage disposal system and to the financing thereof;
	(b)	Upon receipt of the proceeds of such Project Z bonds, proceed promptly and with due diligence in the construction of the sewage disposal system, with the privilege of awarding all or portions of the actual construction work under separate contracts to the lowest responsible bidder for each contract;
	(c)	Concurrently with or promptly after the issuance and sale of the Project Z bonds, and after approval by the State Board of the plans and specifications for the Upper Allegheny System, issue and sell Upper Allegheny bonds, either as a part of the Project Z issue or as a separate issue, at the option of the Sewage Agency, in sufficient amount to pay:
		(1)	The cost of constructing the Upper Allegheny System and placing the same in operation; and
		(2)	All other lawful requirements in connection therewith, including, but without limitation, the cost of all lands, property, rights, easements and franchises acquired, financing charges, the cost of legal services, administrative expenses and all other expenses necessary or incident to the construction of the Upper Allegheny System and to the financing thereof;
	(d)	Upon receipt of the proceeds of such Upper Allegheny bonds, proceed promptly and with due diligence in the construction of the Upper Allegheny System, with the privilege of awarding all or portions of the actual construction work under separate contracts to the lowest responsible bidder for each contract;
	(e)	Upon completion of the sewage disposal system and the Upper Allegheny System, intercept all sewage and wastes of the Municipalities and the Workhouse which are discharged from any Municipal or Workhouse outfall sewer located along the interceptor sewers of the Upper Allegheny System (subject to the provisions of Paragraph 9 of this Agreement), transport such sewage and wastes to its Project Z treatment plant, provide such treatment and disposal thereof as may be required by law, and operate the sewage disposal system and the Upper Allegheny System in an efficient and economical manner; and
	(f)	Make such modifications of and additions to the sewage disposal system and the Upper Allegheny System as may be necessary to enable the Municipalities and the Workhouse to comply with any future lawful orders of the State Board or any other State or Federal agency in respect of the treatment and disposal of their sewage and wastes which enter the Sewage Agency's interceptor sewers, and issue additional revenue bonds for such purpose or purposes; provided, however, that the Sewage Agency shall have the right to increase its Project Z rates and Upper Allegheny rates to such extent as will yield the additional revenue needed to meet all bond requirements and operating and other expenses incurred by the Sewage Agency in the design, construction, maintenance and operation of such modified or added facilities, and shall have the right to charge the aggregate thereof to the Municipalities and the Workhouse under the provisions of Paragraph 18 hereof.
	The Sewage Agency shall have the right to enter upon and open such streets and public thoroughfares with the Municipalities and such vacant land owned by them, and to enter upon and open such land of the Workhouse, as may be necessary to install, construct, extend, repair and maintain the Upper Allegheny System or any part thereof; provided, however, that all pavements and underground structures disturbed in the course of such work shall be restored to substantially their original condition. No municipal permit or license shall be required for any such work, and the Municipalities and the Workhouse hereby waive all fees and charges in connection therewith.
	It is understood and agreed that the Sewage Agency shall indemnify and save the Municipalities and the Workhouse harmless from all costs and expenses (except those provided for in this Agreement), liability, claims and demands of any sort arising out of the construction, extension, replacement, operation, maintenance, repair or possession by the Sewage Agency of the Upper Allegheny System and the sewage disposal system.
9.	Subject to the conditions hereinafter set forth, provisions will be made, in the plans and specifications to be prepared by the Sanitary Authority, for the connection with the Upper Allegheny System interceptor sewers (shown generally on Exhibit B hereof) of all of the Municipalities' outfall sewers now in place therealong, and of the Workhouse's existing outfall sewer, and such connections will be made by the Sewage Agency without cost to the Municipalities or the Workhouse.
	Every other outfall sewer now or hereafter used by any of the Municipalities or by the Workhouse shall be brought by them, respectively, to a point to be approved by the Sewage Agency (or, prior to the designation and qualification of the Sewage Agency, by the Sanitary Authority), in order that proper connection with the Sewage Agency's interceptor sewer may be made. Each such connection shall be made in such manner as the Sewage Agency shall direct, and at the expense of the Municipality or Municipalities involved, or of the Workhouse, as the case may be.
	Each of the Municipalities agrees to furnish to the Sanitary Authority at its own expense all data, including plans, with respect to the number, size and location of all outfall sewers used by it and, as to each such sewer, the invert elevation at the outlet and the grade thereof for a distance of 300 feet back from the outlet thereof, and the Workhouse similarly agrees to furnish such information respecting its outfall sewer. If such data is not made available promptly, the Sanitary Authority shall have the right to examine and explore the sewer or sewers for the purpose of obtaining such data and shall charge the cost of such work to each Municipality involved, or to the Workhouse, as the case may be.
	No existing or future outfall sewer into which flows a surface or sub-surface stream or the acid drainage of a coal mine shall be connected with the Sewage Agency's interceptor sewer. If any such outfall sewer is discovered by the Sanitary Authority, it shall notify the affected Municipality or Municipalities (or the Workhouse) thereof in writing, and if such condition is not promptly remedied, no provision shall be made in the plans and specifications for the connection of such outfall sewer with the Upper Allegheny System. If any such condition occurs or is discovered after a connection has been made, and if the Workhouse or the affected Municipality or Municipalities do not divert and exclude such stream or acid drainage promptly after receiving written notice from the Sewage Agency to do so, the Sewage Agency shall have the right either to disconnect such outfall sewer from the Upper Allegheny System or to construct the necessary facilities to divert and exclude such stream or acid drainage and to charge the cost thereof to each Municipality involved or to the Workhouse, as the case may be. The Municipalities and the Workhouse hereby agree to pay such cost in such event.
10.	The City and the Sanitary Authority reserve the right, prior to the designation of the Sewage Agency, and the City and the Sewage Agency shall have the right thereafter, subject to the approval of the State Board but without consulting or notifying the Municipalities or the Workhouse, to permit additional municipalities which are partially or entirely outside the enlarged service area to pump or drain additional sewage or wastes from territory outside such enlarged service area into the sewage disposal system and into the Upper Allegheny System for treatment and disposal by the Sewage Agency; provided, however, that no such permission shall be given unless an agreement similar to the Standard Municipal Agreement, or, if the sewage or wastes enter the Upper Allegheny System., or any similar extra-rate system, unless an agreement similar to the present Agreement, shall be executed with the affected Municipality or municipalities.
	The City and the Sanitary Authority, or the City and the Sewage Agency, as the case may be, also reserve the similar right to enter into agreements with private or public firms or corporations within and without the enlarged service area for the treatment and disposal of their sewage and wastes which do not enter a municipal sewer; provided, however, that the service charges shall be at least as high as the Project Z rates or, if any such customer's wastes enter the Upper Allegheny System, at least as high as the applicable Upper Allegheny zone rates currently in effect.
11.	The Municipalities and the Workhouse covenant and agree that the Sewage Agency shall be the sole and exclusive agency, during the entire life of this Agreement, to provide sewage treatment and disposal service to the territory of the Municipalities lying within the service area of the Upper Allegheny System (and to all their water users therein who or which discharge sewage or wastes into the Municipalities' sewerage systems) and to the Workhouse, and that they will not authorize or permit any other agency, public or private, to do so in competition with or in substitution for the Sewage Agency. The Municipalities hereby permit and authorize the Sewage Agency to impose upon and collect from all such water users its prevailing Upper Allegheny zone rates (or, in the event of the contingency set forth in Paragraph 18 hereof, its prevailing Project Z rates) for sewage service, and covenant to perform all the acts and discharge all the duties and obligations imposed upon them by this Agreement. The Municipalities further covenant that they will not themselves engage in the business of providing sewage treatment and disposal service to such water users.
12.	For intercepting, transporting, treating and disposing of the sewage and wastes emanating from the added service area the Sewage Agency shall impose and collect sewage service charges under these schedules of zone rates, to be known as Upper Allegheny Zone 1 rates, Upper Allegheny Zone 2 rates and Upper Allegheny Zone 3 rates, applicable within Upper Allegheny Zones 1, 2 and 3 respectively, as such terms are defined in Paragraph 1 of this Agreement. Such rates shall become effective immediately after the sewage disposal system and Upper Allegheny System have been completed and put in operation and shall continue in effect during the remainder of the term of this Agreement, subject to the provisions hereinafter set forth.
13.	For sewage service to the present premises of the Workhouse and to all existing and future structures thereon, the Workhouse covenants to pay promptly to the Sewage Agency the Upper Allegheny Zone 1 rates, which shall be applied to the quantity of water used in or on such premises, less credits for water, separately metered, which does not enter a Workhouse sewer; or, if the Sewage Agency's requirements for measuring such water quantity are not met, to the quantity of sewage discharged from such premises into the Upper Allegheny interceptor. It shall be the obligation of the Workhouse to install and keep in good operating condition meters or other measuring devices satisfactory to the Sewage Agency, to measure such water or sewage. The billing period may be a month, a quarter year, a half year or a year, at the option of the Sewage Agency. The Workhouse shall promptly notify the Sewage Agency of the quantity of water used or of sewage discharged during the preceding billing period, and the Sewage Agency shall have the right to read and inspect such meters or other measuring devices for the purpose of determining or verifying such quantities. If for any reason the Sewage Agency shall fail to obtain or receive such information it shall have the right to estimate the quantity of water used or of sewage discharged and to calculate its charges upon such estimated quantity.
	At least 60 days before the beginning of each Workhouse fiscal year, the Sewage Agency shall provide the Workhouse with a written estimate of the total charges for sewage service which the Workhouse will probably be required to pay to the Sewage Agency during the ensuing fiscal year. The Workhouse covenants to provide annually in its budget for obtaining the necessary funds which, together with unused funds remaining from prior years, will be at least 120% of such estimated amount to become due under this Agreement during such year, plus unpaid balances of prior years. Such sum shall be set aside by the Workhouse in a special account to be designated "Sewage Agency Fund," the moneys in which shall be used by the Workhouse to meet its obligations under this Agreement and shall not be used for any other purpose whatever. Paragraphs 14 to 22, inclusive, of this Agreement shall not apply to the Workhouse.
14.	The Sewage Agency shall, for the services and facilities furnished or to be furnished by it, impose upon and collect from the owner, tenant or occupant of each lot or parcel of land within the several Municipalities from which sewage or wastes enter a Municipal sewer and the rethrough reach the Upper Allegheny System and thence the sewage disposal system (hereinafter sometimes called a "user" or "water user"), the Sewage Agency's applicable Upper Allegheny zone rates, which shall be based or computed upon the quantity of water used in or upon such lot or parcel as determined by gauging or metering or otherwise.
	Each of the Sewage Agency's several schedules of Upper Allegheny zone rates shall be uniform throughout the applicable zone served by the Upper Allegheny System. Each schedule shall impose reasonable minimum charges, may include such block rates for metered water users and such charges for flat-rate water users as the Sewage Agency shall determine, and shall provide reasonable surcharges for commercial and industrial wastes which impose an extraordinary burden on the sewage disposal system. The schedules shall be adjusted from time to time in such manner as the Sewage Agency shall deem necessary or proper to insure the collection of adequate revenues to meet the financial requirements herein set forth.
	In case any water user is not the owner of the premises in or on which the water is used, the Sewage Agency may also impose such sewage service charges upon and demand payment thereof from the owner of such premises, so that if payment is not made promptly, a lien therefor against the premises served may be filed by the Municipality in which such premises are located, as assignee of the Sewage Agency delinquent accounts, as provided in Paragraph 19 of this Agreement.
15.	Each of the Municipalities covenants that during such time as sewage service charges of the Sewage Agency are in effect it will not impose upon any person, firm or corporation, or upon any property, any rental, rate or charge whatever for the use of or for the privilege of using any Municipal sewer connected with the Upper Allegheny System, to the end that no person, firm or corporation shall be subject to both the Sewage Agency's service rates, as herein provided, and a Municipal sewer rental, rate or charge of any kind whatever excepting general real estate taxes, sewer connection and street opening permit or license fees, and special assessments imposed according to law upon property benefitted by the construction of additional sewers, and excepting charges imposed on other municipalities for the joint use, maintenance or repair of a Municipality's sewer or sewers.
	The provisions of this paragraph shall not apply so long as the optional method of payment provided for in Paragraph 20 of this Agreement is in effect.
16.	All Sewage Agency bills for sewage service shall be computed on the basis of the quantity of water used, whether measured by meter or by flat rate or otherwise, and whether the water is furnished by a Municipal waterworks system or secured from any other source.
	The bills to be paid by each water user within the Municipalities shall be computed, subject to the provisions of Paragraph 18 hereof, as follows:
	(a)	Metered water customers, by applying the Sewage Agency's applicable schedule of Upper Allegheny zone rates then in effect to the quantity of water delivered to each water customer during the preceding quarter year or other meter period, as measured by the most recent water meter reading;
	(b)	Flat-rate water customers, by applying the percentage set forth in the Sewage Agency's applicable schedule of Upper Allegheny zone rates then in effect to the flat-rate water bill;
	(c)	Users of water taken from a private water source or public stream, by applying the Sewage Agency's applicable schedule of Upper Allegheny zone rates then in effect to the quantity of water used as estimated by the Sewage Agency; provided, however, that if any such water user shall at his or its own expense install and maintain in good operating condition a meter or other measuring device of a type approved by the Sewage Agency, the amount payable by such water user shall be based upon the quantity of water used as so measured.
	If the Municipality or other water supplying agency does not make available promptly to the Sewage Agency the necessary data for computing the sewage service bills of any water user, such water user shall be deemed to be a flat-rate water customer, and the sewage service bill for such water user shall be calculated in the same manner as for flat-rate customers, based upon the estimated flat-rate water bill such customer would have to pay.
	There shall be no free services rendered by the sewage disposal system or by the Upper Allegheny System, and the Municipalities (or any department, agency or instrumentality thereof) and all public corporations, all charitable or nonprofit institutions and all school districts and other political subdivisions shall pay for the use of the services and facilities thereof in accordance with the Sewage Agency's applicable established schedule of rates.
	If any substantial portion of the water used regularly on any lot or parcel of land does not enter the Municipality's sewerage system, the owner, tenant or occupant of such lot or parcel may secure a reduction in the amount of the sewage service charges to be paid by him, subject to the established minimum charges, by installing, at his own expense and subject to such regulations as may be prescribed by the Sewage Agency, a separate meter or other measuring device approved by the Sewage Agency for measuring the water so used, in which event the quantity of water so used shall thereafter be excluded in computing the sewage service charges to be paid by the owner, tenant or occupant of such lot or parcel.
	In cases where the character of sewage or industrial wastes from any commercial, manufacturing or industrial plant, building or premises is such that it imposes a burden upon the sewage disposal system or the Upper Allegheny System in addition to the burden imposed by the average sewage, such surcharge shall be made therefor as the Sewage Agency shall deem to be fair and equitable to meet the additional cost of collecting, transporting, treating and disposing of such sewage or wastes; or the Sewage Agency may, if it deems it advisable, require the owner, tenant or occupant of such commercial, manufacturing or industrial plant, building or premises to pre-treat such sewage or wastes in such manner as shall be specified by the Sewage Agency before discharging such sewage or wastes into the Municipality's sewerage system.
17.	In order to enable the Sewage Agency to compute its sewage service charges based thereon, as provided in Paragraph 16 hereof, each of the Municipalities, if it operates its own waterworks system, shall furnish to the Sewage Agency, not later than the fifteenth day of the month following the month during which water bills are issued, a list or lists of all water meter readings and flat-rate water bills issued during the preceding calendar month together with the basis for each flat-rate water user's water bill, and shall include therein the meter readings of meters installed by water users taking water from a private water source or public stream. The Sewage Agency will request similar information from the private water company, municipal authority or other agency supplying water to any water users within the Municipalities. If, by reason of failure to obtain such data promptly, the Sewage Agency is compelled to treat any water users as though they were flat-rate water customers, as further provided above in the said Paragraph 16, and in so doing is obliged to survey the premises of each such water user for the purpose of determining his or its flat-rate water status, the cost incurred by the Sewage Agency in making such survey or surveys shall be repaid to it by the Municipality in which such premises are located.
18.	It is the intent of the parties to this Agreement that the extension to the Municipalities and the Workhouse of the privilege of receiving sewage service from Project Z shall in no event increase the sewage rates payable by water users within the original service area of the sewage disposal system. The imposition of the several Upper Allegheny schedules of zone rates upon individual water users as a means of collecting all costs and expenses relating to the Upper Allegheny System is resorted to for the convenience and at the request of the Municipalities. If, therefore, a court of competent jurisdiction shall determine that the Sewage Agency may not legally impose upon and collect from individual water users within the Municipalities higher sewage service rates than those payable by water users within the original service area of the sewage disposal system, then, in such event, the Project Z rates shall apply to individual water users throughout the enlarged service area, and the extra charges which would have been added thereto and included in the several Upper Allegheny zone rates in billing water users served by the Upper Allegheny System shall instead be totaled for each Municipality (and each other Municipality, if any, using the Upper Allegheny System) and billed to the affected Municipality (or other Municipality). In consideration of the services furnished by the Sewage Agency in constructing and operating the Upper Allegheny System and thus discharging the Municipalities' legal duty to cease polluting the streams of the Commonwealth, each of the Municipalities hereby covenants to pay such aggregated extra charges, and to provide for the payment thereof out of its current revenues, as provided in Paragraph 22 hereof, to the end that the Sewage Agency shall receive the Project Z rates plus the annual burden and coverage required for the Upper Allegheny System as hereinabove defined in subparagraph p of Paragraph 1.
19.	The several schedules of sewage service rates to be imposed upon and collected from individual water users by the Sewage Agency during any year shall be so calculated and adjusted as to provide revenues which will be sufficient to meet all obligations required under this and other Agreements to be paid with the proceeds thereof during such year. It is understood by the Municipalities that not all bills for sewage service will be paid promptly, and that some of such bills in an indeterminate amount will become delinquent each year. In consideration of the services rendered by the Sewage Agency to the Municipalities under the provisions of this Agreement, which will effect compliance by the Municipalities with the duty imposed upon them by law to cease the pollution of the waters of the Commonwealth, and in further consideration of the assignment to them of the delinquent accounts, as hereinafter provided, each Municipality covenants to pay to the Sewage Agency, out of its current revenues as hereinafter provided, the face amount of the delinquent accounts of all water users within such Municipality.
	If any water user shall fail to pay the sewage service charges of the Sewage Agency within 60 days after the due date of the bill therefor, the account of such water user shall be deemed delinquent. The Sewage Agency shall prepare and submit to each of the Municipalities, on or before January 1, April 1, July 1 and October 1 of each year, a list of all delinquent accounts applicable to it, showing the face amount of each account, the penalty thereon, and the interest accrued. Each of the Municipalities shall, within 60 days after the furnishing of such list, pay to the Sewage Agency the face amount of all such delinquent accounts. Upon receipt of such amount from the Municipality, the Sewage Agency shall promptly assign to such Municipality all such accounts, for the sole use and benefit of the Municipality.
	The Sewage Agency agrees that the Municipalities shall have the right to pursue and enforce any and all remedies now available or hereafter to become available to them, to compel payment by any delinquent water user of the sewage service charges, together with penalties, interest and costs, which may be due and owing by him or it.
20.	Each of the Municipalities shall have the option of paying the aggregate amount of all sewage service charges which, under Paragraphs 14 through 19 of this Agreement, would be payable by its water users, in consideration of the performance by the Sewage Agency of such Municipality's legal duty to cease the pollution of the waters of the Commonwealth. In such event, the individual charges of each water user shall be computed in the same manner as hereinbefore set forth, but instead of sending individual bills to all water users, all such individual bills shall be totaled for each Municipality and the aggregate amount thereof shall be billed quarterly to the Municipality. Each of the Municipalities covenants that so long as such method of payment is in effect it will pay each such quarterly aggregate amount, out of the Municipality's current revenues as hereinafter provided, within 60 days after the date of the bill therefor. The Sewage Agency will refund to the Municipality, on or before April 1 of each year, as a credit for the saving in billing expense, a sum equal to the average cost per customer incurred by the Sewage Agency during the preceding calendar year for billing and collecting its charges from individual water users in all other municipalities within the enlarged service area of Project Z, multiplied by the average number of individual water users in the Municipality.
	Before the sewage disposal system and the Upper Allegheny System are completed and put in operation, the Sewage Agency shall request each of the Municipalities in writing to indicate whether it desires to adopt the optional method of payment provided for in this Paragraph. Unless the Municipality shall so indicate by ordinance duly enacted not later than 90 days after the date of the Sewage Agency's written request, and shall promptly send to the Sewage Agency a certified copy of such ordinance, the method of payment provided for in Paragraphs 14 through 19 of this Agreement shall become effective.
	No change in the method of payment applicable to any Municipality and its water users shall be made except at the request of the Municipality made by ordinance duly enacted, and with the approval of the Sewage Agency, formally given by ordinance or resolution.
21.	If there exists any connection through which sewage or wastes emanating from any territory outside the corporate limits of the Municipality enter the Municipality's sewerage system and thence reach the Sewage Agency's interceptor sewer, and if the Municipality having jurisdiction over such territory does not execute an agreement with the Sewage Agency similar to this Agreement, the Municipality shall either promptly shut off or remove such connection or shall pay to the Sewage Agency, so long as such sewage continues to enter the Municipality's sewerage system, the estimated cost of collecting, transporting, treating and disposing of such sewage, such estimated cost to be approximately the same as if the water users within such territory were subject to the Sewage Agency's prevailing sewage service charges.
22.	Each of the Municipalities shall annually provide in its budget for obtaining the funds necessary to meet its obligations under this Agreement. On or before October 1 of each year the Sewage Agency shall supply to the governing body of each of the Municipalities a written estimate of the total amount of delinquent accounts, or, if the optional method of payment is applicable to the Municipality, of the total aggregate amount of all sewage service charges, which the Municipality will probably be required to pay to the Sewage Agency during the ensuing fiscal year; plus, in either case, the estimated amounts (if any) due under Paragraphs 18 and 21 of this Agreement. Each of the Municipalities shall, by proper ordinance, promptly levy a special tax or provide for obtaining revenues in any other lawful manner, or resort to any two or more methods of securing the funds required under this Agreement, in such manner as to assure that the Municipality shall obtain or collect during the ensuing fiscal year a sum which, together with any unused moneys remaining from previous years, will be at least 120% of such estimated amount to become due under this Agreement during such year, plus unpaid balances of prior years. The revenues collected from such tax levy or from any other sources so designated by the Municipality, or from any combination thereof which the Municipality may elect to employ, shall be deposited to the credit of a special fund to be designated "Sewage Agency Fund," the moneys in which shall be used by the Municipality to meet its obligations under this Agreement and shall not be used for any other purpose whatever.
	If the entire amount due the Sewage Agency under this Agreement for any year is not paid out of the current revenues of the Municipality for such year the balance thereof shall be paid out of the current revenues of succeeding years.
23.	The Municipalities and the Workhouse agree that if the schedules of sewage service charges in effect at any time do not, or in the opinion of the Sewage Agency may not, yield sufficient revenue to meet the Sewage Agency's financial requirements payable therewith, or if the Sewage Agency finds that any of such schedules has proved to be inequitable, the Sewage Agency shall have the right at any time and from time to time to revise and adjust its sewage service charges in such manner and to such extent as it may deem advisable.
	At least 60 days before any revised schedule of sewage service charges shall become effective, the Sewage Agency shall submit in writing to each of the Municipalities affected thereby, and to the Workhouse, if affected, a statement setting forth the new schedule of sewage service charges and the reasons why it was found necessary or desirable to put it into effect. Such new schedule of charges shall go into effect at the time specified in said statement, not earlier, however, than 60 days from the furnishing of such statement, unless suspended by a final decree of a court of competent jurisdiction.
24.	The Sewage Agency shall have the right to promulgate, issue, publish and enforce rules and regulations governing its activities and carrying into effect the provisions of this Agreement. Such rules and regulations may include provisions prohibiting or regulating the discharge into the Municipalities' and Workhouse's sewerage systems of oils, acids and other substances which may be harmful to the Sewage Agency's sewers, pumping stations or other structures or which may interfere with the sewage treatment processes of the Sewage Agency's plant, as well as excessive amounts of surface or ground water.
	Each of the Municipalities may, in its own discretion and without let or hindrance from the Sewage Agency, permit the connection with any Municipal sewer that discharges into a Sewage Agency interceptor sewer of any and all premises used wholly as private dwellings, but no permit shall be issued by the Municipality for the connection with any such sewer of any premises used wholly or in part for commercial or industrial purposes unless the application for such permit shall first have been submitted to and been approved by the Sewage Agency.
	Each of the Municipalities recognizes that the carrying out by the Sewage Agency of its obligations under this Agreement will enable it to perform the duty imposed upon it by law to provide for the proper treatment and disposal of its sewage, and each of the Municipalities therefore agrees to exercise for the benefit of the Sewage Agency all rights and powers which it may possess to carry into effect the purposes and intent of this Agreement. Each of the Municipalities agrees, on request of the Sewage Agency, to enact an ordinance incorporating all or designated portions of the Sewage Agency's rules and regulations and providing appropriate penalties for the violation thereof, to amend such ordinance from time to time as requested by the Sewage Agency, and to enforce the provisions thereof fully and prosecute all violators thereof diligently.
25.	The provisions of this Agreement relating to the Municipalities collectively or indiscriminately shall apply to each of them severally and not jointly.
26.	This Agreement shall become effective immediately, and shall remain in full force and effect, subject to the provisions of Paragraphs 3 and 5 hereof, until the date of expiration of the legal existence of the Sewage Agency or until the expiration of one calendar year following the payment in full of all bonds, notes and other obligations of the Sewage Agency, original and refunding, issued by it to finance the construction, replacement, maintenance and operation of the sewage disposal system and the Upper Allegheny System and additions thereto, whichever date shall be later.
IN WITNESS WHEREOF, the City of Pittsburgh has caused this Agreement to be executed by its Mayor and Director of the Department of Public Works and its official seal to be hereunto impressed, pursuant to Ordinance No. _____ duly enacted and approved on the _____ day of _____ 1952; the Allegheny County Sanitary Authority has caused this Agreement to be executed by its Chairman and its official seal to be hereunto impressed and attested by its Secretary, pursuant to a resolution duly adopted by its Board on the _____ day of _____ 195__; and the Municipalities and the Workhouse have caused this Agreement to be executed by their respective proper officers and their official seals to be hereunto impressed and attested, pursuant to Borough of Blawnox Ordinance No. _____ duly enacted and approved on the _____ day of _____ 195__, Borough of Verona Ordinance No. _____ duly enacted and approved on the _____ day of _____ 1952, Township of O'Hara Ordinance No. _____ duly enacted and approved on the _____ day of _____ 1952, Township of Penn Ordinance No. _____ duly enacted and approved on the _____ day of _____ 1952; and resolution of the Board of Managers of Allegheny County Work House and Inebriate Asylum adopted on the _____ day of _____ 195__.
Attest:				CITY OF PITTSBURGH
____________________ Secretary to Mayor				By ____________________ Mayor
Attest:
____________________ Chief Clerk				____________________ Director, Dept. of Public Works
Approved as to form:
____________________ City Solicitor
Countersigned:
____________________ City Controller
Attest:				ALLEGHENY COUNTY SANITARY AUTHORITY
____________________ Secretary				By ____________________ Chairman
Approved as to form:
____________________ Chief Counsel
Attest:				BOROUGH OF BLAWNOX
____________________ Borough Secretary				By ____________________ Burgess
Approved as to form:
____________________ Borough Solicitor
Attest:				BOROUGH OF VERONA
____________________ Borough Secretary				By ____________________ Burgess
				____________________ President of Council
Approved as to form:
____________________ Borough Solicitor
Attest:				TOWNSHIP OF O'HARA
____________________ Twp. Secretary				By ____________________ Pres., Board of Twp. Commissioners
Approved as to form:
____________________ Township Solicitor
Attest:				TOWNSHIP OF PENN
____________________ Township Secretary				By ____________________ Pres., Board of Twp. Commissioners
Approved as to form:
____________________ Township Solicitor
Attest:				ALLEGHENY COUNTY WORK HOUSE AND INEBRIATE ASYLUM
____________________ Secretary, Board of Managers				By ____________________ Chairman, Board of Managers
Approved as to form:
____________________ Solicitor

In the absence of the President of the Board of Commissioners of Penn Township, or in case of his inability to act, the Vice President of the Board of Township Commissioners is hereby authorized, empowered and directed to act in the same capacity as the President of the Board for and on behalf of the Township of Penn, effecting all matters pertaining to the above described proposed agreement.

§ 1044.06 Agreement to Pay Sewage Service Charges Imposed by County Sanitary Authority.

The maps, drawings or plans attached to the Agreement as presented to the Sanitary Authority are on file in the Municipal Building, 12245 Frankstown Road, where all parties interested may see and examine the same. These maps or plans are dated January, 1952, are known as "location Maps" - Upper Allegheny System Connecting with Project "Z," and are referred to as Exhibits "A" and "B" in the proposed Agreement, and such maps, plans or drawings, so far as they may pertain as being an essential part of the Agreement, are hereby also adopted.

[Ord. 1794, passed 3-2-1983]

The Municipality, pursuant to the provisions of the Agreements entered into pursuant to Ordinances 518 and 610 with the City of Pittsburgh, the Allegheny County Sanitary Authority, the Borough of Blawnox, the Borough of Verona, the Township of O'Hara and the Allegheny County Work House and Inebriate Asylum, does hereby agree to pay the bulk aggregate amount of all sewage service charges imposed by the Allegheny County Sanitary Authority pursuant to such Agreements, which would otherwise be payable by sewer users within the Municipality for the transportation and treatment service rendered, in consideration of the performance by the Allegheny County Sanitary Authority of the Municipality's legal duty to cease the pollution of waters of the Commonwealth. The Municipality covenants that it will pay each quarterly statement of the Allegheny County Sanitary Authority for the transportation and treatment services rendered out of current revenues of the Municipality within 60 days after the date of billing therefor. The aforementioned change in the method of billing and obligations of the Municipality in connection therewith shall become effective not later than February 1, 1970, upon the happening of the following three conditions:

Approval of the change in the method of billing by the Allegheny County Sanitary Authority;

Payment to the Allegheny County Sanitary Authority of any and all delinquent sanitary sewer service bills rendered to the Municipality on or prior to the effective date of the change of the billing; and

§ 1044.07 Prohibited Discharges to Alcosan.

Six-month written notice to the Allegheny County Sanitary Authority of the effective date of the change in the billing.

[Ord. 1861, passed 9-17-1984]

Definitions. As used in this section:

INTERFERENCE

Any inhibition or disruption of the ALCOSAN facilities, its treatment processes or operations, its sludge processes, use or disposal, or of any sewer, pipe or other conveyance located in the Municipality and transmitting substances into the ALCOSAN facilities, which inhibition or disruption is a cause of and significantly contributes to either a violation of any requirement of ALCOSAN's National Pollution Discharge Elimination System permit (hereinafter called NPDES permit), including an increase in the magnitude or duration of a violation, or to the prevention of sewage sludge use or disposal by ALCOSAN in accordance with the following statutory provisions and rules, regulations or permits issued thereunder: Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.), Pennsylvania Clean Streams Act (35 P.S. § 691.1 et seq.), Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101), Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), including Title II, more commonly referred to as the Resource Conservation and Recovery Act, and including all Commonwealth statutes and Pennsylvania Department of Environmental Resources regulations prepared pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean Air Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the County Health Code and the Pollution Control Standards of the Ohio River Valley Water Sanitation Commission. All such statutory provisions, rules, regulations and permits are hereinafter collectively called "laws." A user significantly contributes to such a permit violation or to the prevention of sludge use or disposal in accordance with such laws whenever such user:

(1)

Discharges daily pollutant loading in excess of that allowed by permit or by contract with ALCOSAN or by Federal, Commonwealth, County, ALCOSAN or Municipal laws, ordinances, rules or regulations;

(2)

Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or

(3)

Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a violation of ALCOSAN's NPDES permit or prevent sewage sludge use or disposal in accordance with such laws as they apply to ALCOSAN's selected method of sludge management.

PASS THROUGH

Any discharge of pollutants through the facilities of ALCOSAN into navigable waters or any stream in the Commonwealth in quantities or concentrations which are a cause of and significantly contribute to a violation of any requirement of ALCOSAN's NPDES permit (including an increase in the magnitude or duration of a violation). A user significantly contributes to such a permit violation where it:

(1)

Discharges a daily pollutant loading in excess of that allowed by permit, by contract with ALCOSAN or by Federal, Commonwealth, County, ALCOSAN or Municipal laws, ordinances, rules or regulations;

(2)

Discharges wastewater which substantially differs in nature or constituents from the user's average discharge;

(3)

Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or

(4)

Knows or has reason to know that ALCOSAN is, for any reason, violating its final effluent limitations in its permit and that such user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of ALCOSAN's violations.

General Prohibition. No person shall introduce or cause to be introduced, directly or indirectly, into the facilities of ALCOSAN or into any sewer, pipe or other conveyance located in the Municipality and transmitting substances into the facilities of ALCOSAN, any toxic substance, pollutant or other wastewater which will either cause interference with the operation or performance of ALCOSAN's treatment plant or other facilities or pass through ALCOSAN's treatment plant or other facilities.

§ 1044.08 Agreement with the Pittsburgh Water and Sewer Authority/Hansell Avenue Sewer District.

Specific Prohibitions. No person shall introduce or permit or cause to be introduced, directly or indirectly, into the facilities of ALCOSAN or into any sewer, pipe or other conveyance located in the Municipality and transmitting substances into the facilities of ALCOSAN, any of the following:

(1)

Any pollutant or wastewater which will interfere with or substantially adversely affect the operation or performance of the ALCOSAN treatment plant, or pass through the plant into navigable waters or streams of the Commonwealth in quantities or concentrations which are a cause of and significantly contribute to a violation of any requirement of the laws of the ALCOSAN NPDES permit, or which adversely affect the use or disposal of ALCOSAN's sludge or other residues;

(2)

Any substance which will endanger the life, health or safety of the treatment plant or sewer maintenance and plant operations personnel or which would preclude sewage entry into the sewer system or any portion of the treatment plant;

(3)

Any ignitible, reactive, explosive or corrosive waste;

(4)

All wastes that are defined or listed as hazardous under the regulations enacted by agencies of the Federal government or the Commonwealth;

(5)

Any wastewater with a temperature great enough to inhibit biological activity in the ALCOSAN treatment plant;

(6)

Any waste which exceeds the naturally occurring background levels for either alpha, beta or gamma radiation and/or any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as is not in compliance with applicable State or Federal regulations;

(7)

Any solids or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of ALCOSAN's facilities or facilities discharging into ALCOSAN's system;

(8)

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, may create a public nuisance or adversely affect public health or safety;

(9)

Pathological wastes from a hospital or other medical establishment;

(10)

Garbage, whether ground or not, except properly shredded food waste garbage resulting from the proper use of a garbage grinder or disposer of a type approved by ALCOSAN and maintained in good operating condition;

(11)

Sludges or other materials from septic tanks or similar facilities, from sewage or industrial waste treatment plants or from water treatment plants unless the discharge of such sludges and other materials is specifically approved by ALCOSAN; or

(12)

Any substance which violates discharge regulations, as established by authorized agencies of the Federal government, the Commonwealth, the Ohio River Valley Water Sanitation Commission, the County or ALCOSAN.

(d)

Violations of U.S. EPA Regulations. No person shall introduce or cause to be introduced, directly or indirectly, into the facilities of ALCOSAN or into any sewer, pipe or other conveyance located in the Municipality and transmitting substances into the facilities of ALCOSAN, any toxic substance, pollutant or other wastewater in violation of a national categorical or general pretreatment standard promulgated by the U. S. Environmental Protection Agency pursuant to Section 307(b) and (c) of the Federal Water Pollution Control Act [33 U.S.C. § 1317(b) and (c)].

(e)

Violations of Federal Water Pollution Control Act. No person shall take any action or do or cause to be done anything in violation of any of the provisions of the Federal Water Pollution Control Act or of any regulation promulgated by the U.S. Environmental Protection Agency pursuant thereto.

(f)

Other Violations. No person shall take any action or do or cause to be done anything in violation of any rule or regulation of ALCOSAN or of laws, ordinances, rules or regulations of the Commonwealth, the County, the Ohio River Valley Water Sanitation Commission or the Municipality, pertaining to sewage discharge, introduction or treatment.

[Ord. 1906, passed 10-21-1985]

AGREEMENT
Made this _____ day of _____, 1985, by and between The Pittsburgh Water and Sewer Authority, a body corporate and politic organized and existing under the laws of the Commonwealth of Pennsylvania, hereinafter called "AUTHORITY," and
Municipality of Penn Hills, a municipal corporation of the Commonwealth of Pennsylvania, situate in the County of Allegheny, hereinafter called "MUNICIPALITY."
WITNESSETH:
WHEREAS, the Municipality desires to drain a five acre parcel of land known as the Hansell Avenue Sewer District of the Municipality of Penn Hills," extending from the City line northeast of Standard Street into the Negley Run Sewer System in the City of Pittsburgh; and
WHEREAS, the Authority is willing to permit such drainage on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual premises and intending to be legally bound, the parties hereby agree as follows:
1.	The Authority shall permit the Municipality to discharge the sanitary wastes from a parcel of land having an area of five acres presently containing 15 dwelling units, known as the "Hansell Avenue Sewer District of the Municipality of Penn Hills," extending from the City line northeast of Standard Avenue into the Negley Run Sewer System in the City of Pittsburgh.
2.	The Municipality shall make the following payments to the Authority:
	a.	$250 for each tap-in, or an initial total of three $3,750 for the existing 15 dwelling units. This amount shall be paid to the Authority within 60 days after completion of the connection to the Negley Run Sewer System.
	b.	$250 for the tap-in of each additional dwelling unit in excess of the 15 existing units. These amounts shall be paid to the Authority within 30 days after each additional tap-in is made.
	c.	Based upon quantities shown on quarterly Alcosan billings, the Municipality shall pay the Authority, at Authority sewer rates and charges, as established from time to time, within 30 days after receipt by the Municipality of quarterly bills from the Authority.
3.	The Authority shall maintain and keep in repair the Negley Run Sewer System from the Municipality of Penn Hills line to the Allegheny River, it being understood and agreed that the necessity for any of such work and the cost of the same will be determined solely by the Director of the Department of Public Works of the City of Pittsburgh, agent for the Authority under a Lease and Management Agreement as of May 1, 1984. Other than its obligation to make the payments described in Paragraph 2 hereof, the Municipality shall not be responsible for the cost of such repairs.
4.	The Municipality shall pay to the Allegheny County Sanitary Authority all costs or charges pertaining to the transportation, treatment and disposal of all sewage as the same pertains to the parcel of land described in Paragraph 1 hereof in conformity with the terms of the existing Agreement by and among the City of Pittsburgh, the Allegheny County Sanitary Authority and the Municipality pertaining to this area of the Municipality.
5.	In the event of any dispute as to the interpretation of the terms of this Agreement, the decision of the Authority shall be final, it being understood and agreed that the Authority shall not unreasonably exercise its discretion in resolving such disputes.
6.	The Authority reserves and shall have the right to revoke the permission granted by this Agreement, without liability, upon six months' notice to the Municipality.
This Agreement is executed by the Authority pursuant to Resolution No. _____ adopted at a meeting of its Board held on _____, 1985, as amended by Resolution No. _____ adopted _____, 1985, and by the Municipality pursuant to (Ordinance) (Resolution) No. _____ adopted _____, 1985.
In witness whereof, the parties hereto have duly executed this Agreement the day and year first above written.
ATTEST:			THE PITTSBURGH WATER AND SEWER AUTHORITY
____________________ (Secretary) (Assistant Secretary-Treasurer)			____________________ By: (Chairman)(Vice-Chairman)
Approved as to form
____________________ Authority Solicitor
ATTEST:			MUNICIPALITY OF PENN HILLS
____________________			____________________ By: Mayor

§ 1044.09 Agreement with the Allegheny Valley Joint Sewage Authority.

[Res. No. 90-053, passed 6-18-1990]

AGREEMENT
MADE AS OF THE _____ day of _____, 1990 by and between the
ALLEGHENY VALLEY JOINT SEWAGE AUTHORITY (AVJSA) and the MUNICIPALITY OF PENN HILLS
In consideration of the mutual covenants contained herein, the parties hereto hereby agree as follows:
1.	AVJSA agrees to accept from and dispose of domestic waste sludge produced at the Municipality of Penn Hills sewage treatment plants.
	(a)	Domestic waste sludge as used herein shall be defined as: non-hazardous domestic sanitary sewer sludge approved or approvable by the Pennsylvania Department of Environmental Resources (DER) as suitable for disposal at a sanitary landfill.
2.	All sludge shall be delivered by Penn Hills, at its sole cost, expense and responsibility, to AVJSA in tank trucks, and discharged at points in the AVJSA system, as directed by the AVJSA Plant Manager.
	(a)	Penn Hills shall, at least 24 hours prior to dispatching any delivery, notify AVJSA and receive instructions as to the time and point of discharge.
3.	Prior to the shipment of any sludge, Penn Hills shall, at its sole cost and expense, obtain and deliver to AVJSA all chemical analytical reports required by DER, AVJSA, or any other regulatory agency having jurisdiction, as such reports are required from time to time.
	(a)	The obligations of AVJSA to accept and dispose of domestic waste sludge is conditioned upon the issuance of any permits required by DER or any other regulatory agency having jurisdiction.
	(b)	In the event any analysis indicates that sludge is placed in any category other than domestic waste sludge, AVJSA may, at its option:
		(i)	Terminate this contract; or
		(ii)	Revise the contract under terms and conditions mutually agreed upon by the parties.
4.	Penn Hills shall not be obligated to deliver any minimum amount of sludge, and AVJSA shall have the right to designate the times that sludge may be delivered, based on AVJSA's ability to process the sludge, the condition of machinery and equipment or other factors relevant to the processing operations.
5.	Penn Hills shall pay to AVJSA for the processing of sludge; the price shall be determined based on ease of processing and solids concentration.
	(a)	Gallonage shall be conclusively presumed to be the capacity of the tanker making delivery.
	(b)	AVJSA shall invoice Penn Hills monthly for the services rendered hereunder, and Penn Hills shall pay AVJSA within 30 days of the receipt of any invoice.
6.	This Agreement may be terminated by either party after 30 days' notice given by certified mail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by vote of the Authority Board taken at a duly assembled public meeting.
Date: __________				ALLEGHENY VALLEY JOINT SEWAGE AUTHORITY
ATTEST:				BY ____________________ CHAIRMAN
____________________ Secretary
Date: 6-18-1990				MUNICIPALITY OF PENN HILLS
				BY Harry R. McIndoe /s/ MUNICIPAL MANAGER
ATTEST:
____________________ Secretary

§ 1044.10 Agreements with Borough of Plum.

Resolution 85-045, passed June 17, 1985, amended a May 7, 1984, intermunicipal Sewage agreement between the Borough of Plum and the Municipality of Penn Hills.

Resolution 88-072, passed July 25, 1988, authorized a 1988 intermunicipal agreement between the Municipality and the Borough of Plum for the collection and treatment of sewage from the Borough of Plum to be tested at the Penn Hills Plum Creek Plant.