MACDONALD ILLIG ATTORNEYS 100 STATE STREET SUITE 700 ERIE, PA 16507-1459 OFFICE: 814-870-7600 FAX: 814-454-4647 MACDONALDILLIG.COM RUSSELL S. WARNER DIRECT DIAL 814-870-7759 E-MAIL WARNIREMUINCOM June 6, 2024 VIA E-MAIL SEE. ATTACHED DISTRIBUTION LIST Re: Corry Municipal Authority Meeting Thursday, June 13, 2024 at 10:00 a.m. Meeting Material Packet Ladies and Gentlemen: Enclosed for your information are the upcoming meeting agenda, the prior Board Meeting Minutes from the February 20, 2024, the packet of pending invoices and other materials for next week's meeting to be held on Thursday, June 13, 2024 at 10:00 a.m., at the Corry City Council Chambers, 100 South Center Street, Corry, Pennsylvania. Please note that you can attend this meeting either in person or by Zoom video conference call. The City of Corry will e-mail a Zoom invite to you with the Zoom access information. Please reply by e-mail to let me know: (a)ifyou will attend the meeting; and (b)ifso, whether you will participate inj person or by Zoom conference call only. Very truly yours, MiRDONALyLLIG,ONE. & BRITTON. LLP Luuan By_ Russell S. Warner RSW/lh/1862170 Enclosures cc (w/enc.): City Council Members (via e-mail only) MACDONALD ILLIG JONES & BRITTON LLP MACDONALD ILLIG ATTORNEYS June 6, 2024 Page 2 Len P. Clark 249 Mead Avenue Corry, PA 16407 Robert Frazier 50 Airport Road Corry,PA 16407 Kevin Amy 221 Concord Street Corry, PA 16407 200 North Center Street Corry, PA 16407 Tom Blair 22 East Congress Street Corry, PA 16407 City Administrator City of Corry 100 South Center Street Corry, PA 16407 Gus Maas, P.E. Burgess & Niple Inc. 100 State Street Suite 300 Erie, PA 16507 Michael E. Baker Corry City Mayor Corry, PA 16407 Kristen D. Lindstrom 653 Union Street Corry, PA 16407 William "Buzz" Hammond Joanne Smith Laura Thomas City Clerk City ofCorry 100 South Center Street Corry, PA 16407 Jeff Marnicio Burgess & Niple, Inc. 100 State Street Suite 300 Erie, PA 16507 John M. Maloney Corry City Council Member 25 Seventh Street Corry, PA 16407 Rick L. Clayton, CPA Ryan D. Garofalo, CPA Maloney, Reed, Scarpitti & Company, LLP 113 Meadville Street Edinboro, PA 16412 Mark Leofsky City of Corry 100 South Center Street Corry, PA 16407 Emily Poach, EIT Burgess & Niple, Inc. Erie, PA 16507 Jeffrey T. Fike 65 East Irving Street Corry, PA 16407 Michael Micsky, Esquire MacDonald, Illig, Jones & Britton LLP 100 State Street, Suite 700 Erie, PA 16507 100 State Street, Suite 300 234 Worth Street Corry City Council Member Corry City Council Member AGENDA Corry Municipal Authority June 13, 2024 Meeting 1. 2. 3. 4. Meeting Call to Order Public Comments on Agenda Items City of Corry Report A. B. C. Approval of CMA Minutes of February 20, 2024 Meeting Public Sewer System Report Public Water System Report Water/Sewer Budget D. EDU Report Engineer's Report - Burgess & Niple 5. A. Phase 2 Water Project-Update on Water System GIS work status Act 537 Sewage Facilities Planning Matters/Sewer System Project Update B&N Proposal for Sewer System GIS Work - Notice to Proceed B. C. 6. Solicitor's Report B. C. E. F. A. Status of Bank Accounts and Loans Funds Availability for Project Bills Review of current CDs, Money Market Saving Account, and Interim Loan Funds USEPA Notice of Violation regarding POTW/NPDES Sewer Discharge Permit FAA/BOE Request for Transfer of Real Estate Parcels to Corry Airport Authority D. Act 537 Plan - Resolution to Adopt Revised Plan and Potential Subdivision of Certain Existing Properties Review, Approval, and Ratification of Invoices and Payment of Bills 7. 8. 9. New Business/Miseelancous Public Comments on Non-Agenda Items 10. Executive Session - Potential Claims and Litigation Matters 11. Adjournment and Next Meeting Reminder- August 20, 2024 1871024 THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY BOARD MEETING MINUTES Tuesday, February 20, 2024 I. MEETING CALL TO ORDER Ar regular meeting oft the Board oft the Municipal Authority of the City ofCorry was held at the Corry City Council Chambers on Tuesday, February 20, 2024. Chairperson Len Clark called the meeting to order at approximately 10:12 a.m. The following members of the Board of the Authority were present at the Also in attendance were Joanne Smith (Corry City Administrator), Gus Maas, P.E., and Emily Poach, E.I.T., of Burgess & Niple (Engineers), Mark Leofsky (Corry City Public Works Manager), John Nordland (Lead Operator - Corry City Wastewater Treatment Plant), and Russ Warner, Esquire, and meeting: Len Clark, Buzz Hammond, Kevin Amy, Robert Frazier, and Tom Blair. Michael Micsky, Esquire of MacDonald Illig (Solicitors). II. PUBLIC COMMENTS ON AGENDA ITEMS There were no public comments on agenda items. III. MINUTES OF PRIOR MEETING The minutes of the regular December 19, 2023 meeting were reviewed. Upon motion by Robert Frazier and seconded by Tom Blair, the minutes of the prior meetings were approved by unanimous vote oft the Board members in attendance. IV. CITY) REPORT John Nordland presented the attached written report for the months of] December 2023 and January 2024 Mark Leofsky presented the attached written report dated February 20, 2024 regarding the Corry Public Water System. That report being prepared by Greg Rademacher, who was unable to attend the February Joanne Smith reported on the water/sewer budget year to date. Income is at 103.5% of budget, and expenses are at 97.9ofbudget at this time. Joanne also reported that there are: no EDU sewer connection regarding the Corry Public Wastewater System. meeting. applications for approval at this meeting. V. ENGINEERING REPORT (Burgess & Niple) Gus Maas, P.E., reported that the Phase 2 Water Project GIS fieldwork was nearly complete, with an Emily Poach, E.I.T., reported that the public comment period for the Draft Act 537 Sewage Facilities Plan/New Sewer System Project ended on December 18, 2023, and no comments from PADEP were received as oft the date. She noted receipt of comments from Wayne Township and Columbus Township, estimated completion date for the GIS work in mid-April. -1- and that the Authority received a response indicating no objections from the Erie County Planning Department. Russ Warner and Gus Maas led a general discussion on the Act 537 comments received. After a general discussion on the Act 537 Plan, upon motion by Robert Frazier and seconded by Tom Blair, by unanimous consent ofthel Board members in attendance, the Board passed a Resolution adopting Emily also discussed the status oft the pending NPDES permit renewal application from the Pennsylvania Dept. of] Environmental Protection. We are still waiting for PADEP to issue the renewed permit. Gus led a general discussion on Burgess & Niple's proposal for GIS work related the sewer system identified as part of the Act 537 Plan. After the general discussion, upon motion by Robert Frazier and seconded by Tom Blair, by unanimous consent oft the Board members in attendance, the Board approved Burgess & Niple's proposal but with the condition that a Notice to Proceed is not being issued yet, and it will be issued later by Board Chairman Len Clark who is authorized to issue the Notice to Proceed upon receipt of satisfactory confirmation that this work is considered reimbursable by PennVest as preliminary the comprehensive Act 537 Plan to submit to the PADEP for approval. engineering work for the Act 537 Plan. VI. SOLICITOR'S REPORT (MacDonald Illig) Russ Warner presented the MacDonald Illig solicitor's report and reviewed the status of the Authority's Russ noted that there were insufficient funds currently available in the Phase II Water Project bank account to pay the current Phase II Water Project outstanding bills. Russ also noted that the Phase 1A/1B Sewer Project checking account had insufficient funds currently available to pay the current Phase 1A/1B Sewer Project outstanding bills. After discussion, upon motion by Kevin Amy and seconded by Tom Blair, by unanimous consent ofthel Board members in attendance, the Authority authorized the following: (a) a transfer of $10,000 from the existing Phase I Water Project bank account to the Phase II Water Project bank account to pay the current Phase II Water Project outstanding and approved bills and (b) a transfer of $50,000 from the existing Money Market bank account to the Phase 1A/1B Sewer Project checking account to pay the current Phase 1A/1B Sewer Project outstanding and approved bills. Michael Micsky informed the Board of the status of the various Certificates of Deposit held at First National Bank and led a general discussion on the upcoming CD maturity dates and options for Russ also reviewed the proposed meeting dates of the Board in 2024. The 2024 Board of the Municipal Authority oft the City ofCorry meeting schedule wasi reviewed and confirmed, as was previously approved bank accounts and bills payable. reinvestment thereof. by and distributed to the Board members in December. Russ noted that Chairman Len Clark has been reappointed to the Board of the Authority by the City Council of the City of Corry. Russ further noted that since this is the first Corry Municipal Authority meeting ofthe year, the Municipal Authority ist required to elect and appoint new officers for 2024. Upon motion by Tom Blair and seconded by Robert Frazier, the officers ofthe Board oft the Municipal Authority of the City of Corry were elected and approved as follows by unanimous vote of the Board members in attendance: -2- Board Term Expires 12/31/2028 12/31/2025 12/31/2026 12/31/2024 12/31/2027 Name Len P. Clark Office Chair Vice-Chair Secretary Treasurer Asst. Secretary & Asst. Treasurer William W. "Buzz" Hammond, III Kevin Amy Robert Frazier Thomas Blair & Russ Warner presented the attached proposal by Rick Clayton, CPA, of Maloney, Reed Scarpitti Company, LLP to conduct the annual financial reports and financial audit services for the Authority. The amount oft the proposal was $5,850, which was the same projected fee as last year. Upon motion by Len Clark and seconded by Tom Blair, the Authority Board unanimously approved Maloney, Reed, and Scarpitti & Company, LLP to conduct the annual financial reports and audit services for The Municipal Authority oft the City of Corry. VII. INVOICES AND PAYMENT OF BILLS Upon motion by Kevin Amy and seconded by BuzzH Hammond, the members ofthel Board ofthel Municipal Authority of the City of Corry in attendance unanimously and approved the payment of the invoices set forth on the attached final February 20, 2024 invoice list, and to continue to table and hold for later consideration all of the prior pending invoices for GPI Engineering, until GPI Engineering's work and deliverables are complete and the deficiencies corrected, since the estimated cost of such completion and correction is in excess oft the total outstanding invoices from GPI. VIII. NEW BUSINESS/MISCELLANEOUS Russ Warner discussed the proposal received from Greg Rademacher (who was unable to attend the February 2024 meeting) for a new water well field development. After general discussion, the Board decided to table the proposal for a new well field development until Greg was available to discuss the Russ also led a general discussion on the status ofthel Interim Loan from First National Bank for the Phase II Water project, which has a maturity date of October 31, 2024, and reviewed various options available to the Authority. Upon motion by Buzz Hammond and seconded by Kevin Amy, the Board unanimously authorized Russ Warner to communicate with First National Bank requesting a proposal for an extension proposal. on the Interim Loan or converting the same to a term loan. IX. PUBLIC COMMENTS ONN NON-AGENDAITEMS There were no public comments on non-agenda items. -3- X. EXECUTIVESESSION The Board of the Municipal Authority discuss potential claims & litigation matters. the Board was taken during the Executive Session. of the went into Executive Session at 11:41 a.m. to City The ofCorry Executive Session ended at 12:06 p.m. No action by XI. ADJOURNMENT The meeting went back into public session and then was adjourned by Chairman Len Clark at 12:07 The next regular meeting of the Authority Board is scheduled to be held on approximately Tuesday, April 16, 2024 at p.m. 10:00 the a.m., at Corry City Council Chambers, with Authority Board members able to participate by Zoom video conference call, ifdesired. 1862202 CORRY MUNICIPAL AUTHORITY Final Post-Invoices for 2/20/24 Name Amount WATER PROJECT - PHASEII- (GREEN ACCOUNT) Burgess & Niple Invoice #1132719 dated February 15. 2024 Paid February 20, 2024 - Check #1222-S5,909.55 Invoice #597428 dated January 9, 2024 Invoice #598274 dated February 12, 2024 Paid February 20, 2024 - Check #1223-$ $2,937.00 **Subtotal MacDonald Illig $5.909.55 $2,878.00 59.00 $2.937.00 $8,846.55 MacDonald Illig TOTAL PHASE II WATER PROJECT INVOICES: SEWERPROJECT- PHASE 1A/1B- (BLUE ACCOUNT) Burgess & Niple $25,999.41 16,887.59 $2,864.50 $45,751.50 Invoice #1132699 dated February 14. 2024 Invoice #1132758 dated February 15, 2024 Invoice #1132762 dated February 15, 204 Paid February 20, 2024 - Check #117-$45,751.50 **Subtotal Burgess & Niple Invoice #597429 dated January 9, 2024 Invoice #598274 dated February 12, 2024 Paid February 20, 2024 - Check #118-$2,745.50 **Subtotal MacDonald Illig MacDonald Illig $2,347.50 418.00 $2,765.50 $48.517.00 TOTAL2023 PHASE 1A/1B SEWER PROJECT. INVOICES: 1862202 212012024 City of Corry WWTP Operations Report Dec. 2023 Jan. 2024 Prepared by: John Nordland- - Lead Operator Sewage System Activities: December Plant Flow Gallons Treated- 66.114MG Average Daily Flow-2.133MGD Maximum Daily Flow-3.745 MGD Dry metric tons - None Sludge Disposal Noncompliance discharge Discharge Compliance Parameter Results December: 2023 2.133 MGD <4mg/L Average <10 Required Flow (MGD) CBOD (mg/L) Monitor & report Average 15 Average 30 Average Total Suspended Solids (mg/l) Average <4 Average .3 Average 1.13 Average <.001 Fecal Coliform (geometric average) Total Residual Chlorine (mg/L) Total Phosphorus (mg/L) 2000 CFU/100ml Geo. Mean 0.40 mg/l Average Monitor & Report Average Monitor & Report Average 2.0 mg/I Average 7.0mg/l Inst. Min. Bis/2-Ethylhexyl) Phthalate (mg/L) Ammonia-Nitrogen (mg/L) Dissolved Oxygen (mg/L) Ph (S.U.) Total Nitrogen (mg/L) Total Copper (mg/L) .9893 Average concentration 10.62 Monthly min 7.91 Inst. Min. 8.11 6.0S.U. 9.05.U. Inst. Max Inst. Max Inst. Min. 9.0177 <.0125 Monitor & Report Monitor & Report Alarm History Call out 12/19/23 Utility tripped out 12/25/23 utility tripped out 1/9/24 utility tripped out, Washington lost power, deployed generator from main street to run Washington street pump station CSO Events Wright street No CSO WWTP NoCSO Ave.A NoCSO Maintenance Installed fan in primary digester Installed generator in' Washington street pump station Zize Zoz4 1. Water Plant Operating Report - February 20, 2024 A. Staff Report: No changes to report. B. Maintenance and repair: We have had 3 minor water main breaks this winter/early spring. All on cast iron pipes ( Operation Status and Issues: All wells are operating normally. D. DEP Reporting: The DEP Sanitarian has contacted us regarding scheduling a full inspection of the water system. The inspection is tentatively scheduled for March 12, 2024. E. Distribution: System: F.B Budget Report: Nothing to report. See 2023/2024 Budget. CORRY MUNICIPAL AUTHORITY OFFICERS AND TERMS (AsofFebruary 20, 2024) Board Term Expires 12/31/2028 12/31/2025 12/31/2026 12/31/2024 12/31/2027 Name Len P. Clark Office Chair Vice-Chair Secretary Treasurer Asst. Secretary & Asst. Treasurer William W. 'Buzz" Hammond, III Kevin Amy Robert Frazier Thomas Blair 1780037 MUNICIPAL AUTHORITY OF THE CITY OF CORRY RESOLUTION ADOPTING A COMPREHENSIVE ACT: 537SEWAGE FACILITIES PLAN UPDATE REVISION WHEREAS, Section 5 of the Act of. January 24, 1966, P.L. 1535, No. 537, known as the Pennsylvania Sewage Facilities Act," as amended, and the Rules and Regulations of the Pennsylvania Department of Environmental Protection ("Department" or "PADEP") adopted thereunder, Chapter 71 ofTitle 25 ofthe Pennsylvania Code, requires the adoption of an Official Sewage Facilities Plan ("Plan')providing for sewage: services adequate toj prevent contamination of waters and/or environmental health hazards with sewage wastes, and torevises suchl Plan wheneverit isi necessary to meet the sewage disposal needs oft the municipality; and WHEREAS, Burgess & Niple, Inc. has prepared a Comprehensive Act 537 Plan Update Revision" dated June 2024 ("Act 537 Plan Update Revision") which provides for sewage facilities in the City of Corry, Erie, Pennsylvania; and WHEREAS, under the Act 537 Plan Update Revision the alternatives of choice to be implemented and the key implementation activities are as follows: designing and constructing an activated sludge wastewater treatment plant ("WWTP") to increase capacity and enhance treatment performance, including upgrading and/or installing oxidation ditch, disc filtration, UV disinfection, aerobic digesters and sludge dewatering mechanisms; rehabilitation of existing headworks equipment; addressing the WWTP overflow and Wright Street overflow by increasing influent pump capacity and constructing a reliefsewer, respectively; and creating a sewer GIS system; and WHEREAS, thel key implementation activities and milestone schedule dates are as set forth WHEREAS, the Municipal Authority ofthe City ofCorry ("Authority") finds that the Act 537 Plan Update Revision described above conforms to applicable zoning, subdivision, other municipal ordinances and plans and to a comprehensive program of pollution control and water on Exhibit A attached hereto and hereby incorporated by reference; and quality management; and NOW, THEREFORE, BE IT RESOLVED that the Members of the Board of the Municipal Authority ofthe City ofCorry hereby adopt and authorize submission to thel Pennsylvania Department ofEnvironmental Protection for its approval as an Update Revision tot the' "Official Act 537 Plan" of Corry, the above-referenced Act 537 Plan Update Revision. The Authority hereby commits to and assures the Pennsylvania Department ofE Environmental Protection oft the complete and timely implementation of the Update Revision as required by law. (Section 5, Pennsylvania Sewage Facilities Act as amended.) Adopted by the Municipal Authority of the City ofCorry this 13th day ofJune, 2024. MUNICIPAL AUTHORITY OF THE CITY OF CORRY Attest: Kevin Amy, Secretary Len Clark, Chairperson CERTIFICATION: IKevin Amy, Secretary, Municipal Authority ofthe City ofCorry, hereby certify that thei foregoing isat true and correct copy ofthel Municipal Authority ofthe City ofCorry's Resolution, duly adopted on. June 13, 2024 at an official meeting thereof. Kevin Amy, Secretary (SEAL) 2 EXHIBITA Corry Act537 Project Schedule 1. Submit the finalized and adopted Corry Act 537 Plan Update Revision to PADEP by June 28, 2. Submit thel NPDES (Part I)and WQM(PartII) permit applications tol PADEP withintwelve(12) monthsatterisuance and receipt ofPADEP's approval ofthe finalized and adopted Corry Act 537 3. Submit PENNVEST or other imdin/fimumingeplistons withins six (6)months afteri issuance 4. Begin construction within three (3) month after closing on the PENNVEST or other 5. Substantial completion of construction within thirty-six (36) months after commencement of 6. Start up ofnew facilities within six (6) months after substantial completion of construction. 2024 for PADEP's approval. Plan Update Revision. and receipt of all required PADEP permits. funding/financing. construction. 1826283.2 3 recd 4/24/3024 JAITEDSTATES, PROTELS REGION: 3 PHILADELPHIA, PA 19103 VIA ELECTRONIC MAIL John Nordland, Chief Operator Len Clark, Chairman Corry City Municipal Authority 100 Sciota Street, Corry, Pennsylvania 16407 nerdlandecorrpagox clark@corrypa.gov Joanne Smith, City Administrator Lydia Caparosa, City Solicitor City of Corry 100S South Center Street, Corry, Pennsylvania 16407 smith@corrypa.RoV caparosa@mib.com Re: Notice of Potential Violations and Opportunity to Confer Pursuant to Clean Water Act, 33 U.S.C. Section 1251-1 1389 NPDES Permit Number PA0028223 Dear Mr. Nordland, Mr. Clark, Ms. Smith and Ms. Caparosa: This letter is in reference to a compliance investigation performed by the United States Environmental Protection Agency, Region 3 (the "EPA" or the "Agency") for the Wastewater Treatment Plant facility located at 100 Sciota Street, Corry, Pennsylvania 16407 (the "Facility"). The Facility is owned and operated by the Municipal Authority of the City of Corry ("Authority") With this letter, the EPA hereby provides notice of alleged violations of the federal Clean Water Act ("CWA"), 33 U.S.C. Section 1251- 1389, for which the. Authority and the City may have liability. Section 301 of the CWA, 33 U.S.C. S 1311, prohibits the discharge of any pollutant from a point source to waters of the United States, except in compliance with, among other things, al National Pollutant Discharge Elimination System ("NPDES") permit issued pursuant to Section 402 oft the CWA, 33 U.S.C. S 1342. Section 402(a) of the Act, 33 U.S.C. S 1342(a), provides that the Administrator of EPA mayi issue permits under the NPDES program for the discharge of pollutants and the City of Corry, Pennsylvania ("City"). Re: Notice of Violations and Opportunity to Confer NPDES Permit Number PA0028223 prescribed in the permit. from point sources to waters of the United States, subject to specificterms and conditions as Pursuant to its authority under Section 402 of the CWA, 33 U.S.C. S 1342, the Pennsylvania Department of Environmental Protection ("PADEP") issued NPDES Permit Number PA0028223 ("Permit") to Municipal Authority of the City of Corry for operations at the Facility on December 1, 2014. The Permit was amended on October 2, 2019. This Permit expired on November 30, 2019, On May 4, 2023, pursuant to EPA's authority under Section 308 of the CWA, 33 U.S.C. 5 1318, EPA Inspectors conducted an inspection of the Facility '"Inspection") to determine the Facility's Based on the observations of the EPAI Inspectors during the Inspection, and information obtained from the Facility before and after the Inspection, the EPA alleges that the Authority and the City violated various terms and conditions of the Facility's NPDES Permit No. PA0028223. Accordingly, the EPA is extending an invitation to the Authority and the City to discuss the Agency's conclusions and present any additional information the EPA: should consider with respect to the alleged violations summarized in the section below entitled, "Alleged Violations Identified by the EPA." and has been administratively extended by PADEP. compliance with the CWA and with its Permit. OPPORTUNITY TO CONFER Pursuant to CWA Section 309, 33 U.S.C. 1319, the EPA has authority to seek compliance and penalties to address violations of the CWA through a civil action ini federal district court, or through administrative actions, that mayi involve a demand for payment of civil penalties and injunctive relief. By this letter, the EPA is extending to you an opportunity to provide the Agency with any furtheri information related to the facts and circumstances of the alleged violations that you would The EPA is also offering the Authority and the City the opportunity to discuss with the Agency the possibility of entering into a settlement of the alleged violations without protracted litigation. Any penalty would be assessed and resolved in accordance with Section 309 of the CWA, 33 U.S.CS 1319. Please note that, to resolve a penalty, the EPAI may also consider a violator's voluntary performance of a Supplemental Environmental Project ("SEP") when determining an appropriate penalty amount. A SEP is a project that is not otherwise legally required of, or planned by, a violator, which is designed to either (1) reduce the likelihood that similar violations will occur in the future, (2) reduce adverse public health and/or environmental impacts to which the violations contributed, or (3) reduce the overall risk to public health and/or the environment potentially affected by the violations. If you are interested in proposing or discussing performance of a SEP as part of the settlement of this matter, please review EPA's 2015 SEP Policy. prior to our meeting. The EPA would welcome the discussion of any proposals or questions you may have about potential like the EPA to consider with respect to the alleged violations. SEPS. htos//www.agovenleremmu20i5uateSPBuscPisaalemenslsm.tomenntabgrolecti-polsy, 2 Re: Notice of Violations and Opportunity to Confer NPDES Permit Number PA0028223 FACILITY OPERATIONS The City and the Authority own and operate the wastewater treatment Facility. This Facility is permitted to discharge 3.5 million gallons per day ("MGD") to Hare Creek. The Facility provides sewage treatment for a population of 6,000-8,000 among the City of Corry, Pennsylvaniaa and portions of Columbus, Concord, and Wayne Townships. The Facility hours of operation are from 7:00AM-3 3:30PM, and the Facility is run by four operators. ALLEGED VIOLATIONS IDENTIFIED BYTHE EPA During the Inspection on May 4, 2023, EPA identified the following potential violations oft the Permit and the CWA: 1. Failure to Conduct and/or Document Stormwater Inspections, in violation of Part C.VI.D of "Areas contributing to a stormwater discharge associated with industrial activity shall be visually inspected for evidence of, or the potential for, pollutants entering the drainage system. BMPS in the PPC Plan and required. by this permit shall be inspected on a semiannual basis, at a minimum, to determine whether they are adequate and properly implemented in accordance with the terms of this permit or whether additional control measures are needed. Documentation ofi inspections shall be maintained on-site and be made available to the Permit which states: DEP upon request." Part C.VI.B.1 of the Permit states: "The permittee. shall develop and implement a PPC Plan in accordance with 25 Pa. Code 5 91.34f following the guidance contained in DEP's "Guidelines for the Development and Implementation of Environmental Emergency Response Plans" (DEPID400.2200-001, its NPDESspeeRe-odeendum and the minimum requirements below." Section 3.7 of the PPC Plan addresses Routine Visual Inspections and states: "The Pollution Prevention Team, or Site Manager (or designees), will conduct regular visual inspections of designated areas of facilityf for the evidence of, or the potential for, pollutants entering the stormwater drainage system.." Section 5.1 of the PPC Plan addresses Annual Inspections and states: "In addition to the routine visual inspections (Section 3.7), the Permit requires that an Section 5.2 of the PPC Plan addresses the Annual Inspection Report and states: annual facility inspection be conducted.." "An Annual Inspection Report (PA DEP Form 800-PM-WSFR0083V, is required annually. The Annual Inspection Report form is included in Appendix E. The report shall be signed by the 3 Re: Notice of Violations and Opportunity to Confer NPDES Permit Number PA0028223 authorized personnel that conducted the inspections and. shall be kept in Appendix Eoft this document. The report. shall be made available upon request and retained, for at least one The Annual Report Form (PA DEP Form 800-PM-WSFR0083V/ is included as Appendix Ein During the record reviews, the EPA Inspection Team asked al Facility representative for copies of the stormwater annual reports. The Facility representative stated no annual Failure to implement a Preparedness, Prevention and Contingency (PPC) Plan, in violation "The permittee shall develop and implement a PPC Plan in accordance with 25 Pa. Code 5 91.34 following the guidance contained in DEP's "Guidelines for the Development and Implementation of Environmental Emergency Response Plans" (DEP ID400- 2200-001). : d. The PPC Plan must identify areas which, due to topography or other factors, have a high potentialj for soil erosion, and identify measures to limit erosion." year after termination of coverage of the present NPDES permit. ." the facility's PPC Plan. reports were conducted for stormwater. 2. of Part C. Section VI.B.1 of the Permit which provides: Part C. Section VI.D of the Permit states: "Areas contributing to a stormwater discharge associated with industrial activity shall be visually inspected fore evidence of, or the potential for, pollutants entering the drainage system. [Best management practices ("BMPS"yi in the PPC Plan and required by this permit shall be inspected on a semiannual basis, at a minimum, to determine whether they are adequate and properly implemented in accordance with the terms of this permit or whether additional control measures are needed. Documentation of inspections shall be maintained The EPA Inspection Team observed stormwater flow that carried sediment and other particulate matter from the sludge drying beds and discharged into a stormwater drain. Sediment staining was observed on the ground, flowing towards the stormwater drain inlet, for more than 100 feet. (Inspection Report Exhibit A, see Photos P5040053 and P5040055). This stormwater drain inlet discharges through Outfall 004 to Hare Creek (Inspection Report, Exhibit A, see Photos P5040074 Failure to comply with effluent limitations and monitoring requirements, in violation of Part AI.A of the Permit which defines effluent limitations and monitoring requirements for The Facility experienced 31 effluent limit exceedances from Outfall 001 between February 28, 2018 and September 30, 2022. These exceedances included bis (2-ethylhexy!) phthalate, fecal coliform, total copper (as Cu), and total suspended solids (TSS). AI Facility representative stated that influent wastewater from septic haulers impacted the WWTP on-site and be made available to DEP upon request." - and P5040075) 3. Outfall 001 discharges. 4 Re: Notice of Violations and Opportunity to Confer NPDES Permit Number PA0028223 ability to treat fecal coliform. The facility stated that this is due to the organic matteri ini the hauled septage taking all the available chlorine in the chlorine contact tank, resulting in Table 1. Effluent Exceedances form Outfall 001 (February 28, 2018 - September 30,2022) fecal coliform effluent violations. NPDESID Monitoring Parameter Limit Type DMR Permit Emits 0.17 10000 2000 0.17 0.004 0.11 0.012 0.35 0.52 0.17 0.11 0.004 10000 2000 2000 10000 45 1314 Units Ibs/d CFU/100mL CFU/100mL Ibs/d mg/L Ibs/d mg/L Ibs/d Ibs/d Ibs/d Ibs/d mg/L #/100mL #/100mL #/100mL #/100mL mg/L Ibs/d Penod End Date Value PA0028223 2/28/2019 PA0028223 2/28/2019 PA0028223 2/28/2019 PA0028223 3/31/2019 Bis(2- PA0028223 3/31/2019 Bis(2- PA0028223 3/31/2019 Bis(2- Bis(2- ethylhexy!) phthalate Coliform, fecal general Coliform, fecal general ethylhexy!) phthalate ethylhexy!) phthalate ethylhexy!) phthalate (asCu) Copper,total MOAVG (asCu) Copper,total WKLYAVG 21 (asCu) Bis(2- ethylhexy!) phthalate ethylhexyl) phthalate Bis(2- ethylhexy!) phthalate Coliform, INSTI MAX 2419.6 fecal general Coliform, GEO MEAN 10 fecal general fecal general fecal general suspended suspended WKLYAVG 0.2 INST MAX 4839.2 GEO MEAN 458 WKLYAVG 0.3 MO AVG MO AVG 0.006 0.2 0.141 5 PA0028223 4/30/2019 Copper,total MOA AVG PA0028223 4/30/2019 PA0028223 4/30/2019 PA0028223 4/30/2019 WKLYAVG 0.6 MOAVG MO AVG PA0028223 4/30/2019 Bis(2- PA0028223 4/30/2019 PA0028223 2/29/2020 PA0028223 2/29/2020 PA0028223 10/31/2020 Coliform, PA0028223 10/31/2020 Coliform, PA0028223 5/31/2022 PA0028223 5/31/2022 0.4 0.025 GEO MEAN 16 INST MAX 2419.6 Solids, total WKLY AVG 46 Solids, total WKLYAVG 1792 5 Re: Notice of Violations and Opportunity to Confer NPDES Permit Number PA0028223 PA0028223 7/31/2022 PA0028223 9/30/2022 Coliform, INST MAX 2419.6 Solids, total WKLYAVG 1845 2000 1314 2000 #/100mL Ibs/d #/100mL fecal general suspended fecal general PA0028223 9/30/2022 Coliform, INSTI MAX 2419.6 Itist the EPA's position that the Authority and the City are responsible for compliance with the CWA and NPDES Permit PA0028223. To the extent there are any ongoing violations at the Facility oft the NPDES Permit PA0028223 issued to City of Corry Municipal Authority, the Authority and the City are responsible for immediately remedying those violations to bring the Facility into compliance. NEXTSTEPS Ify you would like to confer with the EPA about anything in this letter, the Authority and the City should make the request within fourteen (14) calendar days following your receipt of this letter. The EPA expects that any conference will be held within forty-five (45) calendar days following your receipt of this letter. Please send the response by electronic mail to the EPA contacts listed below and include any relevant documents that you would like the EPA to consider. As part of any submission of information or documentation to the EPA, the Authority and the City must include the following signed and dated certification: Icertify under penalty of law that / have personally examined and am familiar with the information submitted. in this response and all attached documents, and that, based on my inquiry of those individuals immediately responsible. for obtaining or compiling the information, Ibelieve that the submitted. information is true, accurate, and complete.1 recognize that there are significant penalties for submitting. false and/or misleading information, including the possibility of fines and/or imprisonment (18 U.S.C. 51 1001). Signature: Printed Name: Title: Date: Please be advised that the Authority and the City are entitled to assert a claim of business confidentiality ("CBI claim") for any information submitted to the EPA; however, they must make any assertion of a CBI claim in the manner described in 40 C.F.R. 52 2.203(b). The EPA will make information subject to a CBI claim available to the public only in accordance with 40 C.F.R. Part2, Subpart B. Unless a CBI claim is asserted at the time the information is submitted to the EPA, the Agency may make this information available to the public without further notice to the Authority Please note that submission of any additional information for consideration by the EPA is voluntary and that this letter is not subject to review by the Office of Management and Budget pursuant to or the City. the Paperwork Reduction Act, 44 U.S.C. SS 3501-3520. 6 Re: Notice of Violations and Opportunity to Confer NPDES Permit Number PA0028223 EPA is aware of the Act 537 Sewage Facilities Plan for the Municipal Authority of the City of Corry, Erie County, Pennsylvania, prepared by Burgess & Niple, Inc. in February 2024. The response submitted by the Authority and the City can include an update on the status of this Plan. If you dor not respond to this letter within fourteen (14) calendar days, the EPA reserves the right to pursue an enforcement action to address any violations that the EPA determines have been committed withouti further advance notice tot the Authority or the City. If the EPA pursues an enforcement action, you will receive instructions that describe your right to dispute the EPA's claims, including the opportunity for a full evidentiary hearing before an administrative lawj judge. Any enforcement action would be undertaken in accordance with CWA, 33 U.S.C. S 1319, and NPDES. Please direct any questions or written correspondence regarding this letter or any linked documents to: Dominic Cotton Enforcement Officer 215-814-2046 otondominceepagow Or have your attorney contact: Natalie Katz Senior Assistant Regional Counsel 215-814-2615 katz.nataleepa.gov We look forward to hearing from you soon. Sincerely, KAREN MELVIN Karen Melvin Director Digitallys KARENN signedb MELVIN by Date: 2024.04.29 08:39:47- 04'00" Enforcement and Compliance Assurance Division CC: Natalie Katz, the EPA katz.natale@epagov, Dominic Cotton, the EPA coton.dominiceepago, Steven Maslowski, the EPA (maslowsk.steven@epa.gov, 7 100 STATE STREET. SUITE 700 ERIE, PA 16507-1459 OFFICE: 814-870-7600 FAX: 814-454-4647 MACDONALDILLIG.COM MACDONALD ILLIG ATTORNEYS RUSSELLS. WARNER DIRECT DIAL814-870-7759 E-MAIL WARNERCMIJB.COM May 3, 2024 VIA E-MAIL at-natalie@epa.sov Natalie Katz, Esquire Senior Assistant Regional Counsel USEPA Region 3 Re: City of Corry and Corry Municipal Authority WWTP NPDES Permit No. PA 0028223 Dear Attorney Katz: This law firm represents both the City of Corry and the Corry Municipal Authority (collectively Corry")regarding its public Wastewater Treatment Plant facilities ("Corry WWTP") as referenced above. This letter is intended to constitute Corry's initial response to USEPA's Notice of! Potential Violations letter received by Corry on April 29, 2004 ("NOV Letter"). Confirming our recent communications, please consider this letter Corry's formal request to confer with USEPA regarding the various matters set forth in USEPA's NOV letter. Corry would like to schedule a substantive conference with USEPA regarding these matters sometime during the week ofl May 27th or the week of. June 3rd, or otherwise, at a mutually convenient date and time. By separate e-mail, we will send you several dates/times that are currently available for the Corry representatives for such a meeting. We will also send you additional information regarding the Corry WWTP, the potential violations raised by USEPA, and Corry's Act 537 Plan project as discussed. We appreciate USEPA taking the time for our briefinitial meeting yesterday. Ifthere are any questions before you receive the above-referenced information from Corry, please contact me at any time. MACDONALD ILLIG JONES & BRITTON LLP MACDONALD ILLIG ATTORNEYS May 3, 2024 Page-2- Very truly yours, MADONALA,LLG,ONESAT BRITTONLLP Kutonn By Russell S. Warner RSW/17559.0000/1866319 CC (via e-mail only): Dominic Cotton cotondeminc@easo) Steven Maslowski SOMAHSCTAENLe) Joanne M. Smith, Corry City Administrator Len P. Clark, Corry Municipal Authority Chairperson Gus Maas, P.E. Jeff Marnicio, P.E. Emily Poach, EIT Michael A. Micsky, Esquire CORRY MUNICIPAL AUTHORITY Bank Accounts Status as ofJune 5, 2024 Bank NWSB NWSB FNB FNB FNB FNB Account Name Balance $16,053.84 $18,823.09 $47,528.93 $3,171.38 $3,032.06 $289,186.09 General Checking Account (3664) PENNVEST Sewer Phase II Checking Account (2550) (PV#71291) PENNVEST Phase I Water Project Checking Account (0452) (PV#82219) PENNVEST Phase II Water Project Checking Account (0256) (PV#85172) PENNVEST Phase 1A/1B Sewer Project Checking Account (3519) Phase 1A/1B Sewer Project Money Market (Savings) Account (3378) FNB Interim Line ofCredit Loan for Phase II Water Project A. B. C. Maximum Loan. Available Principal Outstanding as of6/5/24 Balance Available to Draw as of $900,000.00 $119,750.00 $780,250.00 6/5/24 (4735) 1871000 CORRY MUNICIPALAUTHORITY Sewer Phase 1A/1B Project Interim Loan Investments (as of. June 6, 2024) Annual Interest Rate 5.00% Issue Date Term Maturity Date 8/22/2024 (CMA 8/20/2024) Principal 5/22/2024 3 months $400,000 1871505 CORRY MUNICIPAL AUTHORITY Invoices for. June 13,20241 Meeting Name Amount WATER PROJECT- PHASEII- (GREEN ACCOUNT) Burgess & Niple MacDonald Illig Invoice #1145565 dated June 5, 2024 Invoice #599296 dated March 11, 2024 Invoice #600355 dated April 11,2024 Invoice #601562 dated May 14, 2024 Invoice #602147 dated June 5, 2024 **Subtotal MacDonald Illig $32,545.41 $737.50 118.00 118.00 236.00 $1,209.50 $33.754.91 TOTAL PHASE II WATER PROJECT INVOICES: SEWER PROJECT- -] PHASE 1A/1B (BLUE ACCOUNT) Burgess & Niple Invoice #1141382 dated April 11, 2024 Invoice #1145589 dated June 5, 2024 **Subtotal Burgess & Niple Invoice #599297 dated March 11, 2024 Invoice #600356 dated April 11 2024 Invoice #601561 dated May 14, 2024 Invoice #602149 dated June 5, 2024 **Subtotal MacDonald Illig $6,226.75 4,997.00 $11,223.75 $4,594.88 6,204.00 2,614.12 2,420.50 $55,833.50 $27.057.25 MacDonald Illig TOTAL 2023 PHASE 1A/1B SEWER PROJECT INVOICES: 1871000 BURGESS & NIPLE 100 State St Ste 300, Erie, Pennsylvania 16507 (814) 636-1914 ar@burgessniple.com Corry Municipal Authority 100 South Center Street Corry, PA 16407 ATTN: Len Clark Description: Mapping INVOICE DATE INVOICE NO. B&N PROJECT NO. 60741 TOTAL DUE 06/05/2024 1145565 $32,545.41 Authority Chairman Coordination with City on marking water features; Field locating waters system features; Review of data collected'mapping: Update GIS February1 1.2024- -May31.2024 Phase 2 Water System Project (Water GIS) Project Director/Manager, PE Surveyor, PS Total Hours Total Labor Travel Expenses Total Non-Labor 1.5 hours @ $203.00 = 185.5 hours @ $173.00 = $304.50 $32,091.50 $32,396.00 $149.41 $149.41 $32,545.41 187.0 TOTAL AMOUNT DUE THIS INVOICE Approved: yllauicis Jeffrey A. Marnicio Check_ Payments PLEASE REMIT TO: lectronic Payments, ACH/Wiring Instructions Bank: PNC Bank Routing: 041000124 Account: 4209511627 (checking) Notification E-Mail: AR@burgessniple.com 330 Rush Alley Ste 700, Columbus, OH 43215 PLEASE REMIT TO: 330 Rush Alley Ste 700, Columbus, Ohio 43215 MACDONALD ILLIG JONES &B BRITTON LLP 100 STATE STREET: SUITE 700 ERIE, PA 16507-1459 MACDONAIDILIG.COM OFFICE814-870-7600 TAXLD.N0.25091810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 March 11,2024 Invoice 599296 Page 1 Our File # 17559.0015 Phase II Water System Project For Services Through February 29, 2024 02/19/24 02/20/24 Receipt and review ofG. Rademacher new well field exploration proposal. Prepare for and Corry Municipal Authority meeting and post-meeting matters R.S. Warner regarding Phase 2 Water Project. R.S S. Warner funds. R.S. Warner 02/28/24 Emails with G. Maas and PennVest regarding release of final Phase 2 water Fees for legal services $737.50 $737.50 Net current billing for this invoice ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to MACDONALDI ILLIG JONES & BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PA 16507-1459 OFFICE814-870-7600 MACDONADIJIG.OM: TAXI.D. No. 25-0918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 April11,2024 Invoice 600355 Page 1 Our File # 17559.0015 Phase II Water System Project For Services Through March 31, 2024 03/07/24 03/27/24 Legal analysis regarding water tower property, access and easements. Review documents regarding water tower easements and access. R.S. Warner R.S. Warner Fees for legal services $118.00 $118.00 Net current billing for this invoice ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of 1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to MACDONALD ILLIG JONES &E BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PA 16507-1459 OFFICE: 814-870-7600 MACDONAIDILIG.COM: TAXI.D.No. 25-0918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 May 14, 2024 Invoice 601562 Page 1 Our File # 17559.0015 Phase II Water System Project For Services Through April 30, 2024 04/05/24 04/09/24 Prepare for meeting. R.S. Warner Prepare for CMA meeting. R.S. Warner Fees for legal services $118.00 $118.00 Net current billing for this invoice ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of 1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to MACDONALD ILLIG) JONES &E BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PAI 16507-1459 OFFICE814-870-7600 MACDONAIDIUIG.COM TAXI I.D. No. 25-0918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 June 5, 2024 Invoice 602147 Page 1 Our File # 17559.0015 Phase II Water System Project For Services Through May 31,2024 05/29/24 05/30/24 E-mails and review financial matters for Phase 2 water project closeout. Legal analysis regarding water tower areas and easements. R.S. Warner R.S. Warner Fees for legal services $236.00 $236.00 Net current billing for this invoice ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to BURGESS & NIPLE 100 State St Ste 300, Erie, Pennsylvania 16507 (814) 636-1914 ar@burgessniple.com Corry Municipal Authority 100 South Center Street Corry, PA 16407 ATTN: Len Clark Description: INVOICE DATE INVOICE NO. B&N PROJECT NO. 60618 TOTAL DUE 04/11/2024 1141382 $6,226.75 Authority Chairman February1.2024- - March3 31.2024 Subtotal Amount Due for Wright St. Overflow Client Manager, PE Project Director/Manager, PE Project Engineer, El Administrative Assistant-Senior Total Hours Total Labor PNDI Application Fee Travel Expenses Total Non-Labor Subtotal Amount Due $0.00 Phase 1A/1B Sewer System Project (Act 537 Plan) Submit. Act 537 Plan to DEP; Review DEP comments; Coordination with DEP; Revise Act 537 Plan based on DEP comments; Submit PNDI 11.0 hours @ $263.00 = 1.5 hours @ $203.00 = 9.5 hours @ $124.00 = 14.0 hours @ $123.00 = $2,893.00 $304.50 $1,178.00 $1,722.00 $6,097.50 $40.00 $89.25 $129.25 $6,226.75 36.0 Subtotal. Amount Due $0.00 $6,226.75 TOTAL AMOUNT DUE THIS INVOICE Harricis Jeffrey A. Marnicio Approved: PLEASE REMIT TO: 330 Rush Alley Ste 700, Columbus, Ohio 43215 CONT'D 100 State St Ste 300, Erie, Pennsylvania 16507 (814) 636-1914 ar@burgessnple.coe Electronic Payments ACH/wiring Instructions Bank: PNC Bank Routing: 041000124 Account: 4209511627. (checking) Notification E-Mail: AReburgessniple.com Check Payments PLEASE REMIT TO: 330 Rush Alley Ste 700, Columbus, OH 43215 2/2 BURGESS & NIPLE 100 State St Ste 300, Erie, Pennsylvania 16507 (814) 636-1914 ar@burgessniple.com Corry Municipal Authority 100 South Center Street Corry, PA 16407 ATTN: Len Clark Description: April1 1.2024-Apn130.2024 INVOICE DATE INVOICE NO. B&N PROJECT NO. 60618 TOTAL DUE 06/05/2024 1145589 $4,997.00 Authority Chairman Subtotal Amount Due $0.00 Phase 1A/1B Sewer System Project (Act 537 Plan) Review and respond to PAI DEP comments; Revise. Act 537 Plan based on PAI DEP comments Client Manager, PE Project Engineer, El Administrative Assistant-Senior Total Hours Total Labor Subtotal. Amount Due 7.0 hours @ $263.00 = 19.5 hours @ $124.00 = 6.0 hours @ $123.00 = $1,841.00 $2,418.00 $738.00 $4,997.00 $4,997.00 32.5 Subtotal Amount Due $0.00 $4,997.00 TOTAL AMOUNT DUE THIS INVOICE 1A Varicis Approved: Jeffrey A. Marnicio Check Payments PLEASE REMIT TO: lectronic_Payments, ACH/Wiring Instructions Bank: PNC Bank Routing: 041000124 Account: 4209511627 (checking) Notification E-Mail: AReburgessmiple.com 330 Rush Alley Ste 700, Columbus, OH 43215 PLEASE REMIT TO: 330 Rush Alley Ste 700, Columbus, Ohio 43215 MACDONALD ILLIG) JONES &E BRITTON LLP 100 STATE STREET: SUITE 700 ERIE, PA 16507-1459 OFFICE814-870-7600 MACDONAIDILLIGCOM: TAXI.D.No.2 25-0918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 36 West Main Street Corry, PA 16407 March 11, 2024 Invoice 599297 Page 1 Our File # 17559.0023 2023 Phase 1A/1B Sewer Project For Services Through February 29, 2024 02/12/24 E-mails and review documents; work on finalization of Act 537 Plan and Resolution; legal analysis regarding same. Prepare for CMA meeting; work on Act 537 Plan. R. S. Warner R. S. Warner R.S. Warner mails. R. S. Warner 02/13/24 02/14/24 02/14/24 Prepare for CMA meeting; review and revise Act 537 documents. Work on Act 537 Plan; prepare for meeting; review and revise documents; e- 02/14/24 Update CD balance sheet for February 20, 2024 Board meeting; e-mail correspondence with S. Hajec and R. Thompson on current CD rates. M.A. Micsky M. A. Micsky R. A S. Warner 02/14/24 02/15/24 02/18/24 Revise documents for CMA Board meeting. Work on Act 537 Plan; draft document; prepare for meeting; e-mails. Review and revise Act 537 Plan, exhibits, and Corry Municipal Authority Resolution for adoption; prepare for Corry Municipal Authority meeting regarding same; e-mails and legal analysis regarding same. R.S. Warner 02/20/24 Work on Act 537 Plan; prepare for and meeting and post-meeting follow-up regarding Phase 1A/1B Sewer Project. R.S. Warner 02/23/24 Receipt and review of final Act 537 Plan as adopted by Corry Municipal Authority; e-mails regarding same. R. S. Warner MACDONALDI ILLIG JONES & BRITTON LLP 100 STATE STREET: SUITE 700 ERIE, PAI 16507-1459 OFFICE: 814-870-7600 MACDONAIDILIGCOM: TAXID.NO.250918810 March 11,2024 Invoice 599297 Page 2 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 36 West Main Street Corry, PA 16407 02/28/24 E-mails and legal analysis regarding Act 537 Plan and sewer GIS work. R.S. Warner Fees for legal services $4,124.50 Reimbursable Costs Payment oft two publications DATE: 2/19/2024. Postage Document Reproduction 442.50 20.38 7.50 PAYEE: Corry Journal; REQUEST#: 648927; Total reimbursable costs $470.38 $4,594.88 Net current billing for this invoice ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to MACDONALD ILLIG) JONES &B BRITTON LLP 100 STATE STREFT: SUITE 700 ERIE. PA 16507-1459 OFFCE814870-7600 MACDONAIDILIG.COM TAXI.D. No. 25-0918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 36 West Main Street Corry, PA 16407 April 11,2024 Invoice 600356 Page 1 Our File # 17559.0023 2023 Phase 1A/1B Sewer Project For Services Through March 31, 2024 03/06/24 03/06/24 Review e-mails on Act 537 Plan matters. M. A. Micsky Telephone conferences and e-mails regarding PADEP response to Act 537 Plan and intent to deny; legal analysis regarding issues and response. Review DEP letter; legal analysis; draft response to DEP and e-mails to R.S. Warner Corry. R.S. Warner 03/11/24 03/11/24 Review DEP denial letter for Act 537 Plan; e-mail correspondence with E. Poach and G. Maas on Act 537 Plan denial letter; legal research on Act 537 requirements of tributary municipality to approve Act 537 Plan. Telephone conference with PADEP and prepare for telephone conference M. A. Micsky regarding Act 537 Plan. R.S. Warner 03/14/24 03/14/24 Review prior Act 537 Plan; legal research on tributary municipality obligation to approve Corry's Act 537 Plan. M. A. Micsky municipalities. M. A. Micsky 03/16/24 Review prior Act 537 Plan for approval conditions for tributary 03/18/24 Legal analysis regarding PADEP denial of Act 537 Plan; prepare for and telephone conference with PADEP counsel; telephone conference with G. Maas and e-mail regarding next steps and Act 537 issues. R.S. Warner R.S. Warner 03/19/24 Work on response to PADEP regarding Act 537 Plan denial; legal analysis. MACDONALDI ILLIG JONES &E BRITTON LLP 100 STATE STREET: SUITE 700 ERIE. PA 16507-1459 OFFICE: 814-870-7600 MACDONAIDILIG.CON: TAXI.D. No. 25-0918810 April 11,2024 Invoice 600356 Page 2 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 36 West Main Street Corry, PA 16407 03/20/24 E-mails with PADEP and prepare for telephone conference; e-mails with Burgess & Niple and legal analysis ofissues. R.S. Warner sewer report. M. A. Micsky 03/20/24 E-mail correpsondence with G. Maas and E. Poach on Act 537 Plan; review 03/21/24 Prepare for PADEP meeting regarding Acts 537; meet with Burgess & Niple; prepare materials for meeting. R.S. Warner 03/21/24 Review Wayne Township Act 537 Plan; review status of other township Act 537 Plan; legal research into tributary township's adoption of main municipality's Act 537 Plan; draft memorandum on findings; review prepared sewer report. M. A. Micsky 03/22/24 Prepare for and PADEP telephone conference regarding Act 537 Plan; legal analysis and review documents; telephone conferences with engineers and plan options. R.S. Warner 03/22/24 Draft memorandum on tribute municipality's approval of Act 537 Plan; legal analysis on strategy for DEP call; conference calls with G. Maas and E. Poach on next steps after DEP call. M. A. Micsky revisions. M.. A. Micsky review documents. R.S. Warner 03/22/24 Telephone conference with DEP and Burgess & Niple on Act 537 Plan 03/23/24 Legal analysis regarding PADEP response work on Act 537 Plan matters; 03/23/24 E-mail correspondence with E. Poach on language for revisions to Act5 537 Plan; review E. Poach proposed markups to Act 537 Plan. Work on response to PADEP regarding Act 537. M.. A. Micsky R.S. Warner 03/24/24 MACDONALD ILLIG JONES & BRITTON LLP 100 STATE STREET: SUITE 700 ERIE. PA1 16507-1459 OFFICE: 814-870-7600 MACDONAIDILLIG.COM: TAXI.D. No. 25-0918810 April 11,2024 Invoice 600356 Page 3 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 36 West Main Street Corry, PA 16407 03/24/24 Draft proposed revisions to Act 537 Plan; e-mail correspondence with E. Poach on same. M.A. Micsky documents. R.S. Warner M. A. Micsky 03/25/24 Work on response to PADEP regarding Act 537 Plan; legal analysis, review 03/25/24 03/27/24 Legal analysis on revisions to Act 537 Plan and applicable case law. Review and revise draft updated Act 537 Plan in response to PADEP comments; e-mails and research regarding same. R.S. Warner Review redline to Act 537 Plan. M. A. Micsky documents. R. S. Warner Plan. M. A. Micsky R.S. Warner 03/27/24 03/28/24 Legal analysis and prepare revisions to Act 537 Plan; e-mails and review 03/28/24 E-mail correspondence with E. Poach and G. Maas on redlines to Act 537 03/29/24 03/29/24 Review and revise draft modified Act 537 Plan; e-mails regarding same. Legal analysis on redlines to Act 537 Plan and strategy for DEP revisions; review e-mail correspondence with DEP on proposed revisions to Act5 537 Plan. M. A. Micsky Total fees for legal services $9,204.00 (3,000.00) $6,204.00 $6,204.00 Courtesy discount Fees for legal services Net current billing for this invoice MACDONALD ILLIG) JONES & BRITTON LLP 100 STATE STREET: SUITE 700 ERIE, PA 16507-1459 OHICE:814-870-7600 MACDONAIDIJIGCOM: TAXI.D.NO.: 25-0918810 April11,2024 Invoice 600356 Page 4 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 36 West Main Street Corry, PA 16407 Open Invoices Date 03/11/24 Invoice 599297 Amount 4,594.88 Total Balance 4,594.88 4,594.88 $10,798.88 Total balance due for this file ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Ilig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of 1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to MACDONALDI ILLIG JONES &E BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PAI 16507-1459 OFFICE: 814-870-7600 MACDONALDILIG.COM TAXID.N0.250918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 May 14, 2024 Invoice 601561 Page 1 Our File # 17559.0023 2023 Phase 1A/1B Sewer Project For Services Through April 30, 2024 04/03/24 Telephone conference with B&N regarding Act 537 Plan; legal analysis Prepare updated certificate of deposit chart for April meeting; e-mail regarding same. R. S. Warner 04/04/24 correspondence with S. Hajec on same. M. A. Micsky R.S. Warner R.S. Warner 04/05/24 04/09/24 04/09/24 Telephone conference PADEP; resolve Act 537 issues; e-mails to all. E-mails and review documents; prepare for meeting; work on Act 537 Plan. Legal analysis on Act 537 Plan updates; e-mail correspondence with E. Poach, and L. Clark on. April Board meeting. M. A. Micsky R.S. Warner 04/10/24 04/11/24 Prepare for meeting; work on revisions to Act 537 Plan. Work on revised Act 537 Plan; e-mails with City, CMA, B&N regarding same; telephone conferences regarding same; prepare for meetings with City and CMA. R. .S. Warner Work on Act 537 matters. R. S. Warner 04/12/24 04/15/24 E-mail correspondence with S. Hajec on certificates of deposit; update certificate of deposit chart. M.. A. Micsky Work on Act 537 matters. R. S. Warner 04/16/24 MACDONALDI ILLIG JONES & BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PAI 16507-1459 MACDONALDIJIGCOM: OFFICE: 814-870-7600 TAXI.D. No. 25-0918810 May 14, 2024 Invoice 601561 Page 2 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 04/29/24 04/29/24 04/30/24 04/30/24 Work on: revised Act 537 Plan and review Public Notice; e-mails. R. S. Warner M.. A. Micsky R. S. Warner M.. A. Micsky Review and revise Act 537 Public Notice. Work on Act 537 Plan matters; e-mails. E-mail correspondence regarding POTW. Fees for legal services $2,583.00 Reimbursable Costs Postage 30.52 0.60 Document Reproduction Total reimbursable costs $31.12 $2,614.12 Net current billing for this invoice Open Invoices Date 03/11/24 04/11/24 Invoice 599297 600356 Amount 4,594.88 6,204.00 Total Balance 4,594.88 6,204.00 10,798.88 $13,413.00 Total balance due for this file ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. Interest at the rate of1% per month (12% annually) will be charged on all MACDONALD ILLIG JONES & BRITTON LLP 100 STATE STREET: SUITE 700 ERIE, PA1 16507-1459 OFFICE: 814-870-7600 MACDONADILIGCOM TAXI.D. No. 25-0918810 May 14, 2024 Invoice 601561 Page 3 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 ** Effective January 1,2 2024 a 3% processing fee will be added to any credit or debit card payments. ** MACDONALD ILLIG JONES &E BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PA 16507-1459 OFFICE: 814-870-7600 MACDONAIDILIGCOMI TAXI.D. NO. 25-0918810 MACDONALD ILLIG ATTORNEYS INVOICE Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 June 5, 2024 Invoice 602149 Page 1 Our File # 17559.0023 2023 Phase 1A/1B Sewer Project For Services Through May 31,2024 05/01/24 05/02/24 Work on Act 537 Plan; review documents. R.S. Warner amendments. R. S. Warner Work on Act 537 Plan matters. R.S. Warner R.S. Warner R.S. Warner issues. R.S. Warner R.S. Warner R.S. Warner R.S. Warner Prepare and revise legal notice for revised Act 537 Plan draft; review plan 05/03/24 05/14/24 05/15/24 05/16/24 Prepare for Corry Municipal Authority meeting regarding Act 537 project. Prepare for Corry Municipal Authority meeting. Prepare for Corry Municipal Authority meeting; legal analysis regarding open 05/17/24 05/20/24 05/21/24 05/28/24 Prepare for Corry Municipal Authority meeting; work on Act 537 Plan. E-mails and prepare for Corry Municipal Authority meeting. Prepare for Corry Municipal Authority meeting. Telephone conference and work on. Act 537 matters and GIS proposal; prepare for Corry Municipal Authority meeting; e-mails. R.S. Warner M.. A. Micsky 05/28/24 05/29/24 Review current Act 537 Plan and UER. Review revised Act 537 Plan documents and prepare for B&N and Corry MACDONALD ILLIG JONES &E BRITTON LLP 100 STATE STREET SUITE700 ERIE. PA 16507-1459 OFFICE: 814-870-7600 MACDONAIDILIGCOM: TAXID.NO. 25-0918810 June 5, 2024 Invoice 602149 Page 2 MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 249 Mead Avenue Corry, PA 16407 Municipal Authority meetings; e-mails and draft documents regarding same. R.S. Warner Work on Act 537 Plan matters. R. S. Warner 05/30/24 Fees for legal services $2,420.50 $2,420.50 Net current billing for this invoice Open Invoices Date 03/11/24 04/11/24 05/14/24 Invoice 599297 600356 601561 Amount 4,594.88 6,204.00 2,614.12 Total Balance 4,594.88 6,204.00 2,614.12 13,413.00 $15,833.50 Total balance due for this file ****** PAYMENT DUE UPON RECEIPT ****** outstanding balances that are more than 45 days old. Please make checks payable to "MacDonald Illig" and include our invoice number. any credit or debit card payments. ** Interest at the rate of1 1% per month (12% annually) will be charged on all ** Effective January 1, 2024 a 3% processing fee will be added to