100 STATE STREET. SUITE 700 ERIE, PA 16507-1459 OFFICE: 814-870-7600 FAX: 814-454-4647 MACDONALDILLIG.COM  MACDONALD ILLIG ATTORNEYS  531RUSSELL S. WARNER DIRECT DIAL 814-870-7759 E-MAIL. AWARNERCMUBCOM  December 12, 2024 VIA E-MAIL  SEE. ATTACHED DISTRIBUTION LIST Re: Corry Municipal Authority Meeting Tuesday, December 17,2024 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 October 29, 2024, the packet of pending invoices and other materials for next week's meeting to be held on Tuesday, December 17, 2024 at 10:00 a.m., at the Corry  City Council Chambers, 100 South Center Street, Corry, Pennsylvania.  Please reply by e-mail to let me know whether or not you will attend the meeting. Note:  These meetings are no longer accessible by Zoom.  Very truly yours,  MacDONAL LIG,JQNES & BRITTONI LLP Ce  Russell S. Warner  RSW/sef/1906429.1 Enclosures  cc (w/enc.): City Council Members (via e-mail only)  MACDONALD ILLIG JONES & BRITTON LLP    MACDONALD ILLIG ATTORNEYS December 12, 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 ofC 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 ofc Corry 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 ofCorry 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 December 17,2024 Meeting  1. 2. 3. 4.  Meeting Call to Order Public Comments on Agenda Items City ofCorry Report A. Public Sewer System Report Public Water System Report Water/Sewer Budget D. EDU Report  Approval of CMA Minutes ofOctober 29, 2024 Meeting  B. C.  5.  Engineer's Report Burgess & Niple  A. PADEP Approval of. June 2024 Act 537 Plan for New Sewage Treatment Plant PennVest Approval of$ $2 Million "Advance Funding" Loan for Engineering B&N Engineering Proposal for Design of] New Sewage Treatment Plant Project USEPA $400,000 Grant for Standby Electric Generator for Sewage Treatment  B. C. D. E.  Relating to New Sewage Treatment Plant Sewer System - GIS Work for City Status  Plant Status Solicitor's Report B. C. D. E. F. G. H. I. 7. 8. 9.  6.  A. Status of] Bank Accounts and Loans Funds Availability for Project Bills  Review of Current CDs and Money Market Saving Account Resolution - Authorizing PennVest New $2 Million Loan Loan Closing Reimbursement Resolution for PennVest New $2 Million "Advance Funding" Authorization and Approval to Execute and Implement the USEPA AOC and  February 12, 2025 Loan  Amended CMA/City Lease Approval  CAP re Corry Sewer System  FAA/BOA and Corry Airport. Authority Matters Update Establish Schedule for 2025 CMA Board Meetings Review, Approval, and Ratification of Invoices and Payment of Bills  New Susiness/Miseelancous Public Comments on Non-Agenda Items 11. Adjournment and Next Meeting Reminder  10. Executive Session - Potential Claims and Litigation Matters  1899006    THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  BOARD MEETING MINUTES Tuesday, October 29, 2024  I.  MEETING CALLTOORDER  Aregular meeting oft the Board ofthe Municipal Authority oft the City ofCorry was held at the Corry City Council Chambers on Tuesday, October 29, 2024. Chairperson Len Clark called the meeting to order at approximately 10:10a.m. The following members of the Board of the Authority were present at the meeting: Len Clark, Kevin Amy, and Robert Frazier. Buzz Hammond was excused and absent from the Also in attendance were Joanne Smith (Corry City Administrator), Jeff Marnicio, P.E. and Emily Poach, E.I.T., of Burgess & Niple (Engineers), Mark Leofsky (Corry City Public Works Manager), Greg Rademacher, P.G.( (Hydrogeologist), and Russ Warner, Esquire (via Zoom), and Michael Micsky, Esquire ofMacDonald Illig (Solicitors). John Nordland (Lead Operator - Corry City Wastewater Treatment Plant)  beginning oft the meeting but arrived at 11:18 a.m.  was absent from the meeting and excused. II. PUBLIC COMMENTS ON AGENDA ITEMS There were no public comments on agenda items.  III. MINUTES OF PRIOR MEETING  The minutes of the regular August 20, 2024 meeting were reviewed. Upon motion by Kevin Amy and seconded by Tom Blair, the minutes oft the prior meetings were approved by unanimous vote oft the Board  members in attendance. IV. CITY REPORT  John Nordland presented an oral report as to the status oft the public wastewater system. John will prepare Greg Rademacher presented the attached written report dated October 29, 2024 regarding the Corry Public Water System. Greg informed the Board that there is one final quarter of 2024 PFAS sampling to be completed. PADEP lead, GRR, or Unknown Service Line letters need to be sent to customers by November 16, 2024 - Greg stated that there are no lead line customers and approximately 340 galvanized Joanne Smith reported on the budget year to date. Joanne also reported that there are no EDU sewer connection applications for approval at this meeting, however, two residential demolitions were reported  written reports and provide them to Mark Leofsky for circulation.  steel water customers who require letters to be sent.  at 146 Mott Street and 608 Concord Street. V. ENGINEERING REPORT (Burgess & Niple)  Jeff Marnicio, P.E., and Emily Poach, E.I.T. reported that the Sewer GIS Field work is in process and there are approximately 850 manholes left to finish. Jeff and Emily reported that the preliminary geotechnical and environmental studies are on hold until after the closing of the PennVest loan.    Emily Poach received a call from the PADEP indicating that a response to the Act 537 Plan is expected Jeff and Emily discussed that the PennVest $2 million Advance Funding loan request was approved and that the first PennVest call is scheduled for November 5,2024. B&N will prepare and provide aj proposal for work that can be paid for through the Advance Funding loan for the new sewer plant design, permitting, and engineering (but excluding construction and excluding Act 537 planning activities). Emily discussed that the Quarterly Report for the USEPA generator project was filed along with the  in the next week or sO.  required DBE Certification Form.  VI. SOLICITOR'S REPORT (MacDonald Illig)  Michael Micsky presented the MacDonald Illig solicitor's report and reviewed the status oft the Authority's Michael 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 Tom Blair and seconded by Kevin Amy, by unanimous consent ofthe Board members in attendance, the Authority authorized a transfer of $40,000 from the existing Phase 1A/1B Sewer Project Money Market bank account to the Phase 1A/1B Sewer Project checking account to pay the current Phase 1A/1B 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 reinvestment thereof. The next CD($400,000) matures on. November 22, 2024, and Len and Buzzi remain The annual Audit for the Fiscal Year ending December 31, 2023, prepared by Maloney, Reed, Scarpetti & Company, LLP, was e-mailed to the Board of the Authority prior to the meeting, and Michael led a Russ Warner led a discussion on the draft Administrative Order and Corrective Action Plan from the USEPA to address the other alleged issues in the USEPA Notice of Potential Violations and Opportunity to Confer, on an interim basis pending the completion of construction of the new WWTP. Russ led a general discussion as to the next steps relating to the current Corry Act 537 Sewage Facilities Plan/New Michael and Russ discussed the request by the Corry Airport Authority for transfer of certain pieces of property from the Corry Municipal Authority to the Corry Airport Authority and the draft proposed Aerial  bank accounts and bills payable.  Sewer Project outstanding and approved bills.  authorized to act on the CDsi in months in which there is no. Authority meeting.  brief discussion on the same.  Sewer System Plan.  Easement provided to the Corry Airport Authority for review.  VII. INVOICES. AND PAYMENT OF BILLS  Upon motion by Tom Blair and seconded by Kevin Amy, the members of the Board of the Municipal Authority ofthe City of Corry in attendance unanimously approved the payment of the invoices set forth ont the attached final October 29, 2024 invoice list, and to continue to table and hold for later consideration all oft the prior pending invoices for GPI Engineering, until GPI Engineering's work and deliverables are complete and the deficiencies corrected, since the estimated cost ofs such completion and correction isi in  excess oft the total outstanding invoices from GPI.  -2-    VIII. NEWI BUSINESSMISCELLANEOUS  There was no new business raised at the meeting. IX. PUBLIC COMMENTS ON NON-AGENDA ITEMS There were no public comments on non-agenda items.  X. EXECUTIVESESSION  The Board of the Municipal Authority of the City of Corry went into Executive Session at 11:02 a.m. to discuss potential claims & litigation, personnel, and real estate matters. The Executive Session ended at  11:45 a.m. No action by the Board was taken during the Executive Session.  XI. ADJOURNMENT  The meeting went back into public session at 11:45 a.m. and then was adjourned by Chairman Len Clark at approximately 11:46 a.m. The next regular meeting of the Authority Board is scheduled to bel held on Tuesday, December 17, 2024 at 10:00 a.m., at the Corry City Council Chambers. There will not be a  Zoom link for the meeting.  1905835  -3-    1. Water Plant Operating Report = October 29, 2024  A. Staff Report:  No changes to report.  B. Maintenance and repair: C Operation Status and Issues:  No major repairs or maintenance issues in the last 2 months.  All wells are operating normally. It has been a dry summer and fall. We are keeping a close watch on pumping water levels in each well.  D. DEP Reporting:  The sampling for the PFAS for both the state and federal requirements will be completed this quarter. The previous five sampling events had non-detections The Lead & Copper service line inventory was completed and submitted to the PADEP by October 16. Letters will need to be sent by November 16 to any customers that have been identified as having or suspected of having a lead service line or an unknown. service line. Wel have very few oft these. Thei inventory  for allindividual PFAScompounds.  will need tol be kept current and submitted yearly.  E. Distribution System:  Ameter calibration company has been contracted and work will be scheduled as soon as possible. It is estimated to take three days to check all meters and  conduct any calibration necessary.  F.Budget Report:  See 2024 Budget.    CORRY MUNICIPALAUTHORITY Final Post Invoices for October 29,2024  Name  Amount  GENERAL - (YELLOW ACCOUNT) Maloney, Reed, Scarpitti & Company, LLP Invoice #231131 dated October 15, 2024 Paid November 5, 2024 - Check #1166-$750.00  $750.00 $750.00  TOTAL GENERAL  WATER PROJECT- PHASE II - GREENACCOUND  MacDonald Illig  Invoice #605293 dated September 9, 2024 Paid November 5, 2024 - Check #1227-$852.20 TOTAL PHASE II WATER PROJECT INVOICES: SEWER PROJECT-I PHASE 1A/1B- (BLUE ACCOUNT)  $852.20  Burgess & Niple  Invoice #1157628 dated August 19, 2024 Invoice #1162293 dated September 26, 2024 Paid November 5, 2024 - Check #123-$18,426.00 **Subtotal Burgess & Niple Maloney, Reed, Scarpitti & Company, LLP Invoice #231131 dated October 15, 2024 Paid November 5, 2024 - Check #124-$11,750.00 Invoice #605294 dated September 9, 2024 Invoice #606828 dated October 14, 2024 Paid November 5, 2024 - Check #125-$5,979.90 **Subtotal MacDonald Illig  $16,191.75 $2,234.25 $18,426.00 $11,750.00 $5,236.85 $743.05 $5,979.90 $36,155.90  MacDonald Illig  TOTAL 2023 PHASE 1A/1B SEWER PROJECT INVOICES:  1896370  -4-    City of Corry WWTP Operations Report May, Jun, Jul, Aug, Sep, Oct  2024  Prepared by:  John Nordland - Lead Operator  Sewage System Activities: May Plant Flow  Gallons Treated- 63.52MG Average Daily Flow- -4 2.05MGD Maximum Daily Flow- -2.73 MGD Dry metric tons - 30.684  Sludge Disposal  Noncompliance discharge Discharge Compliance  Parameter  Results May: 2024 2.05MGD <4mg/L Average  Required.  Flow (MGD) CBOD (mg/L)  Monitor & report Average 15 Average    Total Suspended Solids (mg/I) Fecal Coliform (geometric average) Total Residual Chlorine (mg/L) Total Phosphorus (mg/L)  <2r mg/L Average <1Average  30 Average 200 CFU/100ml Geo. Mean 0.40mg/l Average Monitor & Report Average Monitor & Report Average 2.0mg/l Average 7.0mg/l Inst. Min.  .1 Average 1.165 Average <.001  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)  .2309 Average concentration 8.41 Monthly min  7.88 Inst. Min.  8.15  6.0S.U.  9.05.U. Inst. Max  Inst. Max Inst. Min.  8.076 <.0125  Monitor & Report Monitor & Report  Alarm History Call out  CsOEvents    Wright street  5/5-1,000gal 5/17-1,000 gal 5/22-9,000 gal 5/25-8,000gal WWTP o NoCSO Ave.A NoCSO  Maintenance  Sewage System Activities: June Plant Flow  Gallons Treated - 72.96MG Average Daily Flow-2.43MGD Maximum Daily Flow-1.16MGD Dry metric tons - 49.401  Sludge Disposal  Noncompliance discharge Discharge Compliance  Parameter  Results June 2024 2.43MGD <4mg/L Average <4r mg/L Average  Required  Flow (MGD) CBOD (mg/L)  Monitor & report Average 15 Average 30 Average  Total Suspended Solids (mg/l)    Fecal Coliform (geometric average) Total Residual Chlorine (mg/L) Total Phosphorus (mg/L)  <4 .2 Average 1.31 Average <.001  200 CFU/100ml Geo. Mean 0.40m mg/l Average Monitor & Report Average Monitor & Report Average 2.0m mg/l Average 7.0mg/l Inst. Min.  Bis(2-Ethylhexy.!) Phthalate  (mg/L)  Ammonia-Nitrogen (mg/L) Dissolved Oxygen (mg/L) Ph (S.U.) Total Nitrogen (mg/L) Total Copper (mg/L)  .3673 Average concentration 9.32 Monthly min  7.62 Inst. Min.  8.24  6.0S.U.  9.05.U. Inst. Max  Inst. Max Inst. Min.  <10.121 <.0125  Monitor & Report Monitor & Report  Alarm History Call out CSO Events  Wright street  6/5-56,000gal 6/6-154,000g gal    WWTP Ave.A  6/26-90,000gal NoCSO  Sewage System Activities: July Plant Flow  Gallons Treated- - 56.12MG Average Daily Flow-1.81 MGD Maximum Daily Flow-2.81 MGD Dry metric tons - 71.846  Sludge Disposal  Noncompliance discharge Discharge Compliance  Parameter  Results July2024 2.81MGD <4mg/L Average <4 mg/L Average <3 Average .2 Average 1.52 Average  Required  Flow (MGD) CBOD (mg/L)  Monitor & report Average 15 Average 30 Average 200 CFU/100ml Geo. Mean 0.40mg/l Average Monitor & Report Average  Total Suspended! Solids (mg/l) Fecal Coliform (geometric average) Total Residual Chlorine (mg/L) Total Phosphorus (mg/L)    Bis(2-Ethylhexyl), Phthalate  <.001  Monitor & Report Average 2.0mg/l Average 7.0mg/l Inst. Min.  (mg/L)  Ammonia-Nitrogen (mg/L) Dissolved Oxygen (mg/L) Ph (S.U.) Total Nitrogen (mg/L) Total Copper (mg/L)  .7301 Average concentration 8.34 Monthly min  7.78 Inst. Min.  8.18  6.0S.U.  9.0S.U. Inst. Max  Inst. Max Inst. Min.  11.0738 <,0125  Monitor & Report Monitor & Report  Alarm History Call out  CSO Events  Wright street  7/24--.92,000 gal 7/30---28,000 gal 7/30-8,000gal NoCSO  WWTP Ave. A  Current Issues    Sewage System Activities: Aug Plant Flow  Gallons Treated- - 51.69MG Average Daily Flow-1.67MGD Maximum Daily Flow-2 2.51 MGD Dryr metric tons - 49.411  Sludge Disposal  Noncompliance discharge Discharge Compliance  Parameter  Results August 2024 2.51 MGD <41 mg/L Average <3 mg/L Average 3Average .1 Average 1.42 Average <.001  Required  Flow (MGD) CBOD (mg/L)  Monitor & report Average 15 Average 30/ Average 200 CFU/100ml Geo. Mean 0.40r mg/l Average Monitor & Report Average Monitor & Report Average  Total Suspended Solids (mg/l) Fecal Coliform (geometric average) Total Residual Chlorine (mg/L) Total Phosphorus (mg/L)  Bis(2-Ethylhexy!), Phthalate  (mg/L)    Ammonia-Nitrogen (mg/L) Dissolved Oxygen (mg/L) Ph (S.U.) Total Nitrogen (mg/L) Total Copper (mg/L)  .2415 Average concentration 8.39 Monthly min  2.0mg/l Average 7.0mg/l Inst. Min.  7.9 Inst. Min.  8.27  6.0S.U.  9.05.U. Inst. Max  Inst. Max Inst. Min.  <11.6914 <.0125  Monitor & Report Monitor & Report  Alarm History Call out  CSO Events  Wright street 4/3--21,000gal WWTP O NoCSO Ave.A O NoCSO  Current Issues Plant Flow  Sewage System Activities: September  Gallons Treated- 43.4MG Average Daily Flow-1.45MGD Maximum Daily Flow-2.85MGD  Sludge Disposal    Dry metric tons - 11.703  Noncompliance discharge Discharge Compliance  Parameter  Results September 2024. 1.45 MGD <4mg/L Average <3n mg/L Average <3 Average .1 Average 2.1 Average <.001  Required  Flow (MGD) CBOD (mg/L)  Monitor & report Average 15 Average 30 Average 200_CFU/100ml Geo. Mean 0.40 mg/l Average Monitor & Report Average Monitor & Report Average 2.0mg/l Average 7.0mg/l Inst. Min.  Total Suspended Solids (mg/I) Fecal Coliform (geometric average) Total Residual Chlorine (mg/L) Total Phosphorus (mg/L)  Bisl2-Ethylhexy) Phthalate  (mg/L)  Ammonia-Nitrogen (mg/L) Dissolved Oxygen (mg/L) Ph  .3651 Average concentration 8.91 Monthly min  7.78  8.22  6.05.U.  9.05.U.    (S.U.) Total Nitrogen (mg/L) Total Copper (mg/L)  Inst. Min.  Inst. Max Inst. Min.  Inst. Max  <11.4667 <.0125  Monitor & Report Monitor & Report  Alarm History Call out  CsOEvents  Wright street  9/6--.24,000gal 9/25--1,000gal WWTP O NoCSO Ave.A 0 NoCSO  Current Issues    Pennsylvania Department of Environmental Protection November 26, 2024 Joanne Smith, Manager City ofCorry 100 South Center Street Corry, PA 16407  Re: Approval Letter- - Official Plan Update Act 537 Planning DEP Code No M6-24-065 APS ID No. 334675, Auth IDI No. 1490370 City of Corry, Erie County  Dear Ms. Smith:  The Department of Environmental Protection (DEP) has reviewed the proposed Official Plan Update, submitted on June 28, 2024, as prepared by Burgess & Niple, Inc. The proposal is located at 100 Sciota Street and consists oft the construction ofa new wastewater treatment facility to replace the existing wastewater treatment facility. The submission is consistent with  the planning requirements in Chapter 71 ofI DEP's regulations.  The plan provides for the following:  Design and construction of a new activated sludge treatment plant utilizing an oxidation ditch, disc filtration, UV disinfection, aerobic sludge digestion, and mechanical sludge The new sewage treatment plant will be designed to increase the capacity from 3.5 MGD to4.5 MGD and 2,700 Ibs/day BOD5 to 5,000 Ibs/day BOD5 for anticipated future Reduction oft the Wright Street Overflow, Outfall 005, by construction ofa 36" relief Increase the influent pump capacity to address overflow events at the treatment plant, Create a sewer GIS system to better identify combined sewer areas and to complete an The approved project will require an NPDES (Part I) permit for the proposed effluent discharge. A Water Quality Management (Part II) permit for the construction and operation oft the proposed sewage. facilities is also required. Issuance ofa Part II permit will be based upon a technical evaluation oft the permit application and supporting documentation. Starting construction prior too obtaining a permit is a violation of the Clean Streams Law. The Part II permit application can  dewatering. growth.  Rehabilitation oft the existing headworks equipment. sewer parallel to the existing sewer line.  Outfall 004.  engineering evaluation to focus separation efforts.  The Part I permit application can be downloaded from the Internet thtp/wdépanempontupuwslpdafalderfoleD-3676  also be downloaded from the Internet at:  htp/www.depgreenorsatepauselibrayGetfolderFolderlD-3691. We will provide paper copies of these permit application packages on request.    Joanne Smith  2  November 26, 2024  Any person aggrieved by this action may, appeal the action to the Environmental Hearing Board (Board), pursuant to Section 4 ofthe Environmental Hearing Board Act, 35P.S. $ 7514, and the Administrative Agency Law, 21 Pa.C.S. Chapter 5A. The Board's address is:  Environmental Hearing Board 400 Market Street P.O. Box 8457 Harrisburg, PA 17105-8457  Rachel Carson State Office Building, Second Floor  TDD users may contact the Environmental Hearing Board through the Pennsylvania Relay Appeals must be filed with the Board within 30 days of receipt ofnotice oft this action unless the appropriate statute provides a different time. This paragraph does not, in and ofi itself, create any right ofa appeal beyond that permitted by applicable statutes and decisional law. Al Notice of Appeal form and the Board's rules of practice and procedure may be obtained online at www.chb.pa.goy or by contacting the Secretary to the Board at 717.787.3483. The Notice of Appeal form and the Board's rules are also available in braille and on audiotape from the IMPORTANT LEGAL RIGHTS ARE. AT STAKE. YOU SHOULD SHOW THIS DOCUMENT TOA LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER, YOU MAY QUALIFY FOR FREE: PRO BONOREPRESENTATON. CALLTHE SECRETARY TO THE BOARD. AT717.787.3483 FOR MORE INFORMATION. YOU: DONOTI NEED. A IF YOU WANTTO CHALLENGE THIS ACTION, YOUR APPEAL MUST BE FILED. WITH AND RECEIVED BY THE BOARD WITHIN 30 DAYS OF RECEIPT OF Ifyou have any questions or concerns, please contact Donna Ulan Smith at 814.332.6644, or dulansmith@pa.ov, and refer to DEP Codel No.M6-24-065, Application No. 334675 and  Service, 800.654.5984.  Secretary to the Board.  LAWYER TO FILE. A NOTICE OF APPEAL WITH THE BOARD.  NOTICE OF THIS ACTION. Authorization No. 1490370. Sincerely, Justin C. Dickey Justin C. Dickey, P.E. Environmental Program Manager Clean Water Program  cc: Len Clark, The Municipal Authority ofthe City of Corry August Maas, P.E., Burgess & Niple, Inc. Josh Skopow, SEO, Erie County Department of Health PeterLink, Erie County Department of Planning File: City ofCorry Erie Coimy/Paming/Act597    CORRY MUNICIPAL. AUTHORITY Bank Accounts Status as of December 11, 2024  Bank NWSB NWSB FNB FNB FNB FNB  Account Name  Balance $15,307.84 $18,832.03 $14,608.59 $1,064.59 $8,215.44 $91,200.54  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)  1906429    CORRY MUNICIPAL AUTHORITY Sewer Phase 1A/1B Project Interim Loan Investments (as of December 6, 2024)  Annual Interest Rate 4.75% 4.40%  Issue Date  Term  Maturity Date  Principal  8/22/2024 11/22/2024  6months 3months  2/22/2025 2/22/2025  $100,000.00 $404,966.56  1905837    THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  ERIE COUNTY,PENNSYLVANIA DEBT OBLIGATION RESOLUTION PENNVEST PROJECT NO. 251133162406-AS  AUTHORIZING THE EXECUTION, DELIVERY AND ISSUANCE OF A $2,000,000.00 GUARANTEED DEBT OBLIGATION FOR THE PURPOSE OF FUNDING THE DESIGN, ENGINEERING, PERMITTING, AND ENVIRONMENTAL REVIEWS RELATED TO THE CONSTRUCTION OF A NEW PUBLIC WASTEWATER TREATMENT PLANT FACILITY AND APPURTENANCES (THE "PROJECT'); ACCEPTING THE FUNDING OFFER FOR THE PURCHASE OF THE DEBT OBLIGATION BY THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ("PENNVEST); SPECIFYING THE PURPOSES FOR WHICH THE DEBT OBLIGATION IS ISSUED; AUTHORIZING THE DISBURSEMENT OF THE PROCEEDS OF THE DEBT OBLIGATION IN ACCORDANCE WITH THE PROVISIONS OF THE RESOLUTION; STATING THE PRINCIPAL, INTEREST RATE,, MATURITY DATE AND PROVISIONS FOR PAYMENT AND REDEMPTION OF THE DEBT OBLIGATION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN DOCUMENTS; AUTHORIZING THE PROPER OFFICERS OF THE AUTHORITY TOTAKE SUCH FURTHER ACTION AS IS NECESSARY TO EFFECT THE FOREGOING  PURPOSES.  WHEREAS, The Municipal Authority of the City of Corry (the "Authority") was created pursuant to the provisions of the Municipality Authorities Act of 1945, P.L. 382, as amended, repealed and re-codified by ActofJune 19, 2001, P.L. 287, No. 22, 531 Pa. C.S.5601 et. seq., for the purpose of acquiring, owning, financing and constructing water and sewer systems in and  around the City of Corry (the "City"), Erie County, Pennsylvania; and  WHEREAS, the Authority owns the public sewer system (the "Sewer System") in and around the City, and the City operates the Sewer System pursuant to a Lease Agreement (the  "Lease") between the Authority and the City; and  WHEREAS, the Authority is undertaking a project consisting of the design, construction and/or installation of a new public wastewater treatment plant facility and appurtenances to  replace the existing wastewater treatment facility (the "Project"); and  WHEREAS, the Pennsylvania Infrastructure Investment Authority ("Pennvest") has submitted a proposal to provide funding for the design, engineering, permitting, and environmental reviews related to the Project in the aggregate principal amount not to exceed $2,000,000.00 (the "Loan") on the terms as set forth in Pennvest's Funding Offer and this Resolution as described below and subject to the approval of lease rental debt proceedings under  the. Act; and  WHEREAS, the Loan is to be evidenced by the Authority's Debt Obligation to be issued in favor of Pennvest in a principal amount not to exceed $2,000,000.00 (the "Debt Obligation"), and in order to secure the payment ofa all amounts due under the Debt Obligation to Pennvest, the    City is to enter into a Guaranty Agreement (the "Guaranty") in favor of Pennvest providing for the unconditional guarantee by the City of all amounts due under the Debt Obligation and the pledge by the City of its full faith, credit and taxing power to discharge all of its obligations  under the Guaranty. Corry as follows:  NOW, THEREFORE, BE IT RESOLVED by The Municipal Authority of the City of SECTION 1. The Project and the above-referenced financing by the Authority, including payment of the costs of such financing, and costs of the issuance of the Debt Obligation are approved. The principal purpose of the issuance is to secure financing of costs  related to the Project.  SECTION:2. The Authority hereby authorizes the issuance under the Pennvest Funding Agreement of the Debt Obligation. The Debt Obligation will be entitled to the security provided in the Funding Agreement and in the Guaranty among the City, Pennvest, and the Authority.  The Authority has no taxing power.  SECTION3. The Debt Obligation is a current interest paying obligation. The Debt Obligation shall be dated as ofi its date ofi issuance. The maximum principal amount of the Debt Obligation is not to exceed $2,000,000.00, which may be drawn and repaid on a non-revolving basis. The term oft the Debt Obligation shall be up to fifty-nine (59) months. The interest rate on the Debt Obligation shall be a fixed rate of1.00% per annum. Interest only on the outstanding principal balance of the Debt Obligation shall be due and payable monthly, and all outstanding principal and accrued interest due in full at maturity. The Debt Obligation shall be secured by,  among other things, the Guaranty oft the City.  SECTION4. The Debt Obligation, the Funding Offer, the Funding Agreement, the Loan, and all related loan documents (the "Funding Documents") shall be executed by the manual or facsimile signature of the Chairman or Vice-Chairman of the Authority, and shall have the actual or a facsimile oft the corporate seal of the Authority affixed thereto, duly attested by the actual or a facsimile signature of the Authority Secretary or Assistant Secretary, and the said officers are hereby authorized to execute the Funding Documents in such manner. The Chairman or Vice-Chairman of the Authority and the Authority Secretary or Assistant Secretary are authorized and directed to deliver or cause to be delivered the Funding Documents to  Pennvest.  SECTION 5. The acceptance of the Funding Offer for the purchase of the Debt Obligation, which sets forth the terms of the Debt Obligation, is hereby ratified and approved. The Debt Obligation is authorized to be issued to Pennvest on the terms set forth in the Funding Offer. The Debt Obligation was sold at private negotiated sale to Pennvest, and the Authority hereby determines that a private sale ofthe Debt Obligation by negotiation is in the best financial  interest oft the Authority.  SECTION6. The Authority hereby authorizes (i) the assignment to Pennvest of the Lease, and (ii) the assignment to Pennvest of the "System Authorizations" (as defined in the    Funding Agreement) pursuant to the provisions of the Funding Agreement. The Funding Documents shall not in any manner pledge the full faith and credit or taxing power of the Commonwealth of Pennsylvania, nor shall it be deemed to be an obligation of the Commonwealth of Pennsylvania, nor shall the Commonwealth be liable for the payment of the principal of, or interest on, such obligation, but it shall be secured upon and payable from the gross revenues and receipts of the Authority derived from the Sewer System and the Lease and from such other moneys as may be made available for the purpose of repaying the Debt Debt  Obligation.  SECTION7. Upon specific instructions or directions from the Chairman or Vice- Chairman of the Authority in accordance with the provisions of the Funding Offer, the proceeds of the Debt Obligation shall be disbursed to the Authority in accordance with the provisions of  this Resolution for expenses incurred for the Project.  SECTION8. The Chairman and in the Chairman's absence the Vice-Chairman and the Secretary and in the Secretary's absence the Assistant Secretary of the Authority are hereby authorized to execute the Funding Documents and any and all other documents as necessary or appropriate and as required by Pennvest to secure and consummate the above-referenced Debt Obligation and the Guaranty Agreement ofthe City to secure such Debt Obligation, including but not limited to the execution and delivery of all loan documents, and any necessary Amendment to the Lease whereby the City will continue to make lease payments in such amounts as be necessary to pay the debt service on such loan and under such Amendment, which is also hereby accepted and  approved.  The undersigned, Chairman or Vice Chairman and Secretary or Assistant Secretary of The Municipal Authority of the City of Corry do hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted by the Authority at a meeting duly held on December  17,2024. ATTEST:  THE MUNICIPAL AUTHORITY OF THE  CITY OF CORRY  By:  Kevin M. Amy, Secretary  Len P. Clark, Chairman  (SEAL) 1905051v3    AMENDED AND RESTATED AGREEMENT OFLEASE  (Corry Public Sewer System)  THIS AMENDED AND RESTATED AGREEMENT OF LEASE (the "Lease"), is made effective as of the 17th day of December, 2024, by and between THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY, a municipal authority existing under the laws of the Commonwealth of Pennsylvania (the "Authority"), as Lessor, and the CITY OF CORRY, Erie County, Pennsylvania, a municipality existing under the laws oft the Commonwealth of Pennsylvania (the "City"), as Lessee.  RECITALS:  WHEREAS, the Authority has been incorporated and exists as a municipal authority under the laws of the Commonwealth of Pennsylvania pursuant to the Municipality Authorities Act of 1945,  approved May 2, 1945, P.L. 382, as amended and supplemented (the "Act"); and  WHEREAS, the Authority owns the Sewer System (as hereinafter defined) which provides public WHEREAS, the Authority leases the Sewer System to the City for operation and use by the City WHEREAS, the parties hereto desire to amend and restate the existing lease to set forth the terms and conditions under which the Sewer System shall be leased by the Authority to the City going forward. NOW, THEREFORE, the Authority, as the Lessor, and the City, as the Lessee, in consideration of the Sewer system lease rentals herein reserved and the agreements, conditions and covenants herein contained, and incorporating the above Recitals by reference, and intending to be legally bound hereby,  sewage and wastewater collection and treatment facilities serving the Corry, Pennsylvania; and for the purpose of providing public water to current and future users oft the Sewer System; and  covenant and agree as follows:  ARTICLEI Definitions  SECTION 1.01. The phrase "Sewer System" as used herein shall mean all tangible and intangible property and assets owned by the Authority for purpose of providing public sewer and wastewater collection and treatment services, whether real, personal or mixed, including without intending to limit the generality of the foregoing, all buildings, basins, equipment, machinery, conduits, pipes, pipe lines, and/or treatment plants and systems, tanks, pumping stations, fixtures, engines, motors, generators, pumps, motor vehicles, meters and other equipment, all personal property and all franchises, land, rights-of-way, privileges, easements, permits, licenses, rights and any other interests in real or personal property owned or leased by the Authority and used or useful in connection with the collection and treatment of sewage and wastewater, and all appurtenances thereto, as well as all additions, extensions, alterations and improvements thereto which may be made or acquired, from time to time, of  any nature whatsoever.  SECTION 1.02. The phrase "Lease Year," as used herein, shall mean a period of one calendar year, calculated from January 1st of each such calendar year; provided however, that the initial Lease Year shall commence on the date of execution of this Lease and shall end on December 31st of that  calendar year.    ARTICLEI Leased Property; Term ofLease  SECTION2.01. The Authority, as Lessor, does lease the Sewer System to the City, as Lessee, SECTION2.02. This term of this Lease shall begin on the date hereof and terminate on the later of ()fifty (50) Lease Years, or (ii) such time as all of the "Outstanding Indebtedness" and any  for operation and use by the City.  Additional Indebtedness" (as defined herein) have been paid in full. this Lease signed by both the Authority and the City.  SECTION 2.03. The parties may amend the Lease term at any time by a written amendment to  ARTICLEIII Rentals and Additional Sums  SECTION3.01. The City, from current revenues or such other funds as legally may be available, covenants to pay to the Authority, for each Lease Year, net rentals in an amount equal to the sum of: ()all amounts necessary for the payment and discharge of the Authority's $6,230,896.98 Loan from the Pennsylvania Infrastructure Investment Authority ("PennVest") of 2004 (Pennvest), the Authority's $1,000,000.00 Loan from the Erie County Redevelopment Authority of 2023, and the Authority's $2,000,000.00 Advance Funding Loan from the Pennsylvania Infrastructure Investment Authority ("PennVest") to be closed on February 12, 2025 or otherwise on a date as may be determined by PennVest, including but not limited to all principal, interest, penalties and any other amounts due under all oft the foregoing Loans, and any and all such obligations whatsoever under the terms thereof and any and all related loan documents sO that there shall be no default whatsoever under the terms of any oft the foregoing Loans (collectively, the "Outstanding Indebtedness"); (ii)all amounts necessary for the payment and discharge ofall principal, interest, penalties and any other amounts due under any other or additional bonds, notes, loans, obligations or other indebtedness of the Authority outstanding from time to time, and any and all such obligations whatsoever under the terms thereof and any and all related loan documents, sO that there shall be no default whatsoever under the terms thereof, including but not limited to any and all past, present or future loans from PennVest at any time (the Additional Indebtedness"); and (iii)all amounts necessary for the payment of the Authority's reasonable administration expenses. The parties may amend the amount of the net rentals due by written amendment to this lease signed by  both the Authority and the City.  SECTION3.02. Net rentals payable by the City to the Authority under Section 3.01 hereto shall be payable, as a whole or in part, upon such date or dates in the appropriate Lease Year as shall be specified by the Authority, in writing, to be delivered to the City at the beginning oft the appropriate Lease Year; provided, however, that the City always shall be entitled to at least 30 days notice prior to the date upon which any whole or partial payment ofsuch net rental shall be requested by the Authority.  SECTION3.03. The City may make payments in advance, from time to time, on account of net rentals payable hereunder, in installments, which amounts shall be credited against the net rental at the time then due. All such payments shall be applied by the Authority to debt service and/or capital  improvements and/or administrative expenses of the Sewer System.  SECTION 3.04. The City covenants to pay net rentals and additional sums, if required, in amounts and at times required herein, without suspension or abatement of any nature, irrespective of delay in completion of any construction, alterations or improvements with respect to the Sewer System  2    and notwithstanding that all or any part of the Sewer System shall have been wholly or partially  destroyed, damaged or injured and shall not have been repaired, replaced or rebuilt.  SECTION3.05. Net rentals and additional sums, if any, payable hereunder shall be received by the. Authority as net sums; and the City agrees to pay all charges against or which might diminish such net  sums.  ARTICLEIV Insurance and Indemnification  SECTION 4.01. The City covenants to obtain and maintain at all times under this Lease, at the City's expense, adequate insurance upon the physical structures constituting parts of the Sewer System upon which insurance normally is and can be carried consistent with reasonable industry practice in the operation of similar facilities by public entities. The City covenants to maintain such insurance against fire and such other risks as usually and generally are included in extended coverage endorsements and  also against such other risks as may bei required.  All policies ofi insurance shall be issued by a responsible insurance company or companies, duly qualified to do business in the Commonwealth of Pennsylvania (the "Commonwealth") and satisfactory to the Authority, shall be nonassessable, shall be for the benefit of both the Authority and the City, as their respective interests may appear. All money recovered under such policies shall be payable to and  shall be deposited with the Authority.  SECTION4.02. In the event any part of the Sewer System shall be wholly or partially destroyed, damaged or injured by fire or other casualty covered by insurance, the City and the Authority covenant that they will take all actions and will do all things which may be necessary to enable recovery to be made upon such policies ofi insurance in order that insurance money: may be collected and paid to the Authority. The total amount sO recovered, from time to time, shall be applied by the. Authority for the sole purpose ofreconstructing, replacing or repairing such destroyed, damaged ori injured part oft the Sewer System. SECTION 4.03. The City covenants to obtain and maintain at all times under this Lease, at the City's expense, such public liability insurance, property damage insurance and workmen's compensation insurance, for the benefit ofthe City and ofthe. Authority, with respect to the Sewer System and operation thereof, in such amounts, with such companies and with policies containing such terms as shall be  reasonably satisfactory to both the Authority and the City.  SECTION 4.04. If the City shall fail to maintain insurance complying in all respects with requirements of this Article IV, the Authority may maintain such insurance, in which event the City shall  pay the premiums or shall reimburse the Authority for premiums paid by it.  SECTION 4.05. The City shall indemnify and hold harmless the Authority, its officers, agents, successors and assigns from and against all damages and losses, including but not limited to claims, > actions, judgments, penalties, fines and legal expenses, of whatsoever nature arising out of any act or omission by the City in the use, operation, management and control of the Sewer System or resulting from the occupancy, maintenance, use, condition, or operation by the City of the Sewer System, and related machinery, equipment and fixtures, whether or not due to carelessness, negligence or improper  conduct of the City or its employees, agents, licensees or visitors.  3    ARTICLEV Additional Covenants ofthe City  SECTION 5.01. The City shall bill and collect all revenues and receipts (such as sewer usage fees and charges and tap-in fees to customers) relating to the Sewer System, and such funds shall be accounted for as a separate budget line item in the City budget. Ifany amounts becoming due thereunder shall not be paid in accordance with provisions of such resolution or resolutions, at the time in effect, the City covenants to take all necessary action to reduce the same to liens and to enforce collection oft the liens and/or to enforce collection of such rates or charges in any other manner permitted by law.  SECTION5.02. The City shall employ and direct the work ofa all persons required to operate and SECTION5.03. The City covenants that it will have sufficient current revenues legally available in each current fiscal year for payment of all obligations hereunder in such fiscal year and that it will provide in each annual budget during the term hereof, commencing with its annual budget for the first fiscal year following the date of execution of this Lease, for sufficient current revenues which, together with such other funds as legally may be available, will enable it to pay its obligations hereunder in each such fiscal year. If the City fails to pay any obligation hereunder during any fiscal year, the unpaid balance shall be provided for and paid from its current revenues for its succeeding fiscal year, in addition SECTION 5.04. The City, during the term hereof, from current revenues or such other funds as legally may be available: (I) shall provide for operation of the Sewer System; (2) shall keep and maintain the same in a state of good repair and condition; (3) shall pay all costs necessary for such maintenance and repair; and (4) shall replace all then existing fixtures and equipment, from time to time, as may be necessary. Provisions as to maintenance and repair shall apply to all repairs, major and minor, without  maintain the Sewer System.  to all obligations payable hereunder in such succeeding fiscal year.  exception.  SECTION 5.05. The City, during the term hereof, from current revenues or such other funds as legally may be available, shall pay: (1)all charges for light, heat, fuel, power, electricity, natural gas, telephone, refuse, cable, data transmission, water, sewage and all other utilities and services furnished and supplied to and upon any part of the Sewer System; and (2)all levies, taxes, assessments or other charges to which the Sewer System or net rentals payable hereunder at any time may be subject or to which the  Authority may be subject relating to the Sewer System.  SECTION5.06. The City shall comply, with all valid laws, rules, regulations, ordinances, codes, permits, orders and all other legal requirements of any legislative, executive, administrative or judicial  body applicable to the Sewer System.  SECTION 5.07. The City shall not make or permit to be made any extensions, alterations, additions or improvements to the Sewer System, nor shall it remove or permit to be removed any part thereof, without first obtaining written approval of the Authority. Extensions, alterations, additions, improvements, fixtures and equipment which shall be made or supplied by the City to or upon the Sewer System during the term hereof forthwith shall become property of the Authority and part of the Sewer  System.  SECTION 5.08. The City shall not assign this Lease or sublet any part of the Sewer System without the express prior written consent oft the Authority and subject to conditions to bes set forth in such consent. In the event of any assignment, the City shall not be released but shall, nevertheless, remain  obligated to perform its duties and make its payments under this Lease.  4    SECTION 5.09. The City shall furnish to the Authority, for each fiscal year oft the City during the term hereof, a copy of its proposed annual budget, prior to adoption thereof, and also a copy ofi its finalized annual budget, as adopted. The City's proposed annual budget for the Sewer System shall be presented to the Authority with sufficient lead time sO as to allow the Authority to review the proposed budget and its potential impact on rates. The Authority shall provide its comments or concerns with the proposed budget prior to the City finalizing its budget. Both parties recognize that each has a mutual obligation to set a Sewer System budget and the associated rates and changes at sufficient levels to meet SECTION 5.10. The City covenants that, at the termination of the term of this Lease or at its earlier termination in accordance with provisions hereof, it will surrender or will cause to be surrendered quiet and peaceable possession of the Sewer System to the Authority without any further notice which  both the short-term and long-term interests of the users oft the Sewer System.  now or hereafter may be required by applicable law.  SECTION5.11. The City covenants that it will return the Sewer System to the Authority, at the termination hereof, in the same good order and condition in which such was received, reasonable wear and tear excepted; provided, however, that if any part of the Sewer System shall be wholly or partially destroyed, damaged or injured by fire or other casualty covered by insurance and the Authority, at its option, chooses not to apply the total amount of proceeds of insurance collected in connection with such fine or other casualty to repair or replace the damaged portion of the Sewer System, the City shall return the Sewer System to the Authority only in such condition as it shall be at the time that the Authority SO  exercises its option, reasonable wear and tear thereafter excepted.  SECTION5.12. The City waives any exemption law or laws now in force or hereafter enacted and agrees that if, at any time, there shall be default in payment of any net rental due to the Authority hereunder for ten (10) days after the same becomes payable, or ift the City shall fail, after thirty (30) days' written notice served by hand delivery or certified mail, to cure any other default hereunder, whether consisting in payment of any other sum to be paid or in performance of any covenant herein to be performed, then the Authority, at its option, may declare this Lease and all rights hereunder of the City forfeited and void and may re-enter and take possession of the Sewer System without prejudice to any other rights or privileges which the Authority may have at law or in equity. Waiver by the Authority of any forfeiture for any default shall not prevent the Authority from taking advantage of a subsequent SECTION 5.13. In the event of any proceeding on the part oft the Authority: (1) to foreclose or terminate the estate or interest of the City, based upon a default hereunder (in case the Authority shall elect to proceed in that manner); or (2) wherein appointment of a receiver may be permissible, the Authority, for its security and benefit, as a matter of right and immediately upon institution of any such proceeding, upon notice to the City shall be entitled to appointment of a receiver of the Sewer System and the rents, issues, profits and other income therefrom, with such ample powers as the court making such appointment can confer; subject, however, to such limitations and restrictions as are provided by  default.  applicable law.  SECTION 5.14. The Authority, by its duly authorized representatives, at reasonable times, may  enter upon the Sewer System to inspect the same.  5    ARTICLEVI  Additional Covenants of the Authority  SECTION 6.01. The Authority, at its discretion, may determine that additional capital improvements are warranted for whatever reason, including but not limited to upgrades or replacements of Sewer System components, expansion ofthe existing service areas, or to address the quantity or quality of the treated sewage and wastewater regarding the existing Sewer System, and may fund those capital improvements in whatever manner it determines to be appropriate and in the best interest oft the users of the Sewer System. The City may propose capital improvements it deems appropriate for consideration of  the Authority.  SECTION 6.02. The Authority covenants that it will not sell, lease, assign, or otherwise divest itself of its ownership of the Sewer System without first offering the City the opportunity to acquire the Sewer System under terms consistent with the terms pursuant to which the. Authority obtained ownership  oft the Sewer System from the City.  ARTICLEVII Miscellaneous  SECTION7.01. The Authority shall furnish to the City a copy of all annual financial statements prepared by its certified public accountant as required by applicable law and, if requested, shall permit any duly authorized representative of the City to make reasonable examinations of its accounts and SECTION 7.02. Nothing herein shall be construed to limit or restrict the rights of the City to employ, from time to time, to the extent permitted by law, such entity as it shall deem advisable and in its best interests to manage or operate the Sewer System on its behalf or to perform other functions of the City with respect to the Sewer System, whether such entity shall be the Authority, a management firm or other private organization, and to delegate to such entity such duties of the City hereunder as it shall deem advisable and as it lawfully may delegate; provided, however, that such employment and delegation shall not relieve the City ofi its obligations hereunder and further provided, however, that such employment and delegation by the City shall not occur without the Authority's consent, which consent shall not be  records.  unreasonably withheld.  SECTION7.03. The Authority, concurrently with the execution hereof and to the extent require by its lenders as set: forth in Section 3.01 hereof, shall pledge this Lease and all rentals payable hereunder, except the allowance from each net rental for administration expenses oft the Authority under Section 3.01 hereof, to the payment for capital improvements or debt service incurred relating to the Sewer System. SECTION 7.04. Ifany provision hereof shall be determined to be invalid, such invalidity shall not affect any other provision hereof, and this Lease thereafter shall be construed and enforced as if such invalid provision! had not been contained herein. Pennsylvania laws shall govern construction hereof. SECTION 7.05. This Lease may be executed in multiple counterparts, each of which shall be regarded for all purposes as an original, and such counterparts shall constitute but one and the same  instrument.  IN WITNESS WHEREOF, the parties have caused this Lease to be executed in their names and int their behalf by their authorized officers and their official seals to be affixed hereunto and attested by  their Secretary, all as of the day and year first above written.  6    ATTEST:  THE MUNICIPAL AUTHORITY OF THE CITY  OF CORRY  By.  Kevin M. Amy, Secretary  Len P. Clark, Chairman  ATTEST:  CITY OF CORRY  By.  Laura L. Thomas, City Clerk  Michael E. Baker, Mayor  1906764  7    RESOLUTION DATED DECEMBER 17, 2024 OF THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  DECLARATION OF OFFICIAL INTENT TO REIMBURSE GENERAL FUNDS OR SHORT-TERM BORROWED FUNDS USED FOR THE PURPOSES OF FINANCING THE COSTS OF THE DESIGN, ENGINEERING, PERMITTING, AND ENVIRONMENTAL REVIEWS RELATING TOTHE FUTURE CONSTRUCTION OF IMPROVEMENTS: TO THE CORRY PUBLIC SEWER SYSTEM, SPECIFICALLY A NEW PUBLIC APPURIENANCES, WITH FUNDS RECEIVED FROM THE PENNSYLVANIA INFRASIRUCIURE INVESTMENT AUTHORITY  WASTEWATER TREATMENT PLANT  FACILITY AND  WHEREAS, The Municipal Authority of the City of Corry ("Borrower") has determined that the construction of improvements to the public sewer system located in and serving the City of Corry, Erie County, Pennsylvania (the "System"), and specifically a new public wastewater treatment plant facility and appurtenances, are necessary, and further that the design, engineering, permitting, and  environmental reviews relating thereto, are also necessary; and  WHEREAS, in order to finance the costs of such design, engineering, permitting, and environmental reviews, the Borrower intends to issue its Debt Obligation to the Pennsylvania Infrastructure Investment Authority ("PENNVEST") in the maximum principal amount of $2,000,000  (the PENNVEST Debt Obligation").  WHEREAS, Borrower intends to pay costs of such design, engineering, permitting, and environmental reviews, on an interim basis, using its General Fund and/or any interim financing as may be obtained by the Borrower in accordance with PENNVEST's requirements and applicable law, until the  proceeds on the PENNVEST Debt Obligation are received;  NOW,THEREFORE, The Municipal Authority ofthe City of Corry hereby declares as follows: Pursuant to federal requirements set forth at 26 C.F.R. $1.150-2, the Borrower hereby officially declares its intent to reimburse its General Fund or short-term borrowed funds for costs of such design, engineering, permitting, and environmental reviews incurred by the Borrower with the proceeds of the  PENNVEST Debt Obligation, up to the maximum principal amount of $2,000,000.  (SEAL) ATTEST:  THE MUNICIPAL AUTHORITY OF THE CITY  OFCORRY By:  Kevin M. Amy, Secretary DATE: December 17,2024  Len P. Clark, Chairman  1906708    RESOLUTION  The Municipal Authority of the City ofCorry  ARESOLUTION OF THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY AUTHORIZING AND APPROVING THE EXECUTION AND IMPLEMENTATION OF USEPA ADMINISTRATIVE ORDER ON CONSENT, EPAI DOCKET NO. 03-2025-0011DN, RELATING TOTHE CORRY PUBLIC SEWER SYSTEM WHEREAS, The Municipal Authority of the City of Corry ("CMA") owns the public wastewater treatment plant ("WWTP") and the public sewage collection and conveyance system located in the City of Corry, Erie County, Pennsylvania (collectively the "Corry Public Sewer System"), and the City ofCorry ("the City")o operates and maintains the Corry Public Sewer System, pursuant to agreement between the Authority and the City, and further thel Pennsylvania Department of Environmental Protection ("PADEP") has issued NPDES Permit No. PA00228223 for the  operation of the Corry WWTP ("NPDES Permit"); and  WHEREAS, on May 4, 2023, the United States Environmental Protection Agency ("USEPA") conducted an inspection oft the Corry WWTP, and as a result of such inspection, on April 29, 2024, USEPA sent al Notice of Potential Violations and Opportunity to Confer letter to CMA and the City, alleging certain violations oft the WWTP's NPDES Permit; and  WHEREAS, to address the alleged violations as set forth above, it is proposed that the City and CMA enter into, consent to, and implement a USEPA Administrative Order On Consent ("AOC") in the form ofl Exhibit A attached hereto, which includes requirements that the City and CMA implement their June 2024 Act 537 Plan Update Revision when approved by PADEP and that they implement a USEPA-approved Corrective Action Plan as part ofs such AOC; and  NOW, THEREFORE, BE IT RESOLVED that the Municipal Authority of the City of Corry hereby authorizes, approves and consents to the City and CMA entering into, executing and implementing the USEPA Administrative Order On Consent in the form of Exhibit A attached  hereto; and  FURTHER RESOLVED, that the Chairman of the Municipal Authority of the City of Corry be, and hereby is, authorized, empowered, and directed by thel Municipal Authority ofthe City of Corry, on its behalf and in its name, to enter into, execute and deliver the USEPA. AOC, and further that such Chairman orl his designees be, and hereby are, authorized, empowered, and directed by the Municipal Authority oft the City of Corry, on its behalf and ini its name, to take any and all actions reasonably necessary to effectuate fully the purposes of the foregoing resolutions and the  USEPA AOC.  1    Adopted by the Municipal Authority oft the City of Corry this 17th day of] December, 2024.  THEMUNICIPALAUTHORIORITYOFTHE  CITY OF CORRY  Attest:  By_  Kevin M. Amy, Secretary  Len P. Clark, Chairman  CERTIFICATION:  I, Kevin M. Amy, Secretary ofthe Municipal Authority oft the City of Corry, hereby certify that the foregoing is a true and correct copy ofthe Municipal Authority of the City of Corry's Resolution,  duly adopted thereby on December 17,2024 at an official meeting thereof.  Kevin M. Amy, Secretary  1902783  2    EXHIBIT A  USEPA Administrative Order on Consent EPA Docket No. 03-2025-0011DN (to be attached hereto)  3    JAITED STATES,  PROTEC REGION3 PHILADELPHIA, PA 19103  Int the Matter of: City of Corry 100 South Center Street, Corry, Pennsylvania 16407, and The Municipal Authority of the City of Corry: 100 South Center Street, Corry, Pennsylvania 16407, Respondents  EPA Docket No. CWA-03-2025-0011DM  Administrative Order on Consent Pursuant to 33 U.S.C. S 1319(a)  City of Corry Wastewater Treatment Plant :  100 Sciota Street Corry, Pennsylvania 16407, Facility  I.  STATUTORY AUTHORITY AND. JURISDICTION  1. The United States Environmental Protection Agency ("EPA") makes the following findings of fact and conclusions of law, below, and issues this Administrative Order on Consent ("Order") pursuant to the authority vested int the EPA Administrator under Section 309(a) of the Clean Water Act ("CWA" or "Act"), 33 U.S.C. S 1319(a). The Administrator delegated this authority to the Regional Administrator of EPA Region 3, who further delegated it to the Director, Enforcement and Compliance Assurance Section 309(a) of the Act, 33 U.S.C. S 1319(a), provides, among other things, that whenever ont the basis of any information available, the Administrator finds that any person is in violation of Section 301 of the. Act, 33 U.S.C. S 1311, or any permit condition orl limitation implementing certain CWA: sections in a permit issued under Section 402 of  Division, EPA Region 3.  2.    City of Corry and Thel Municipal, Authority oft the City of Corry  EPA Docket No. CWA-0320250011DN  the Act, 33 U.S.C. S 1342, the Administrator shall issue an order requiring such person to The EPAI has jurisdiction over the above-captioned matter, as described in Paragraphs 1 The City of Corry and the Municipal Authority of the City of Corry (collectively,  comply with such section or requirement.  3. 4.  and 2 above.  Respondents") have agreed to the issuance oft this Order.  5. The EPA has consulted with the Pennsylvania Department of Environmental Protection ("PADEP") regarding this action and, subsequent to the Effective Date, the EPA will provide a copy of this fully executed Order to the appropriate PADEP representative.  II.  STATUTORY AND REGULATORY BACKGROUND  6.  Section 301(a) of the CWA, 33 U.S.C. S 1311(a), prohibits the discharge of any pollutant from a point source into waters of the United States except in compliance with, among other things, a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES")p program under Section 402 of the Act, 33 U.S.C. 51342. 40C.F.R. S 122.2 defines "the discharge of a pollutant" as: "a) any addition of any 'pollutant' or combination of pollutants to 'waters of the United States' from any 'point source. This definition includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works."  7.  8.  Section 402(p) oft the Act, 33 U.S.C. S 1342(p), and 40 C.F.R. Sections 122.2 and 122.26 provide that, with some exceptions not relevant here, stormwater discharges are "point sources" subject to NPDES permitting requirements under Section 402(a) oft the Act, 33 Section 402(a) of the CWA, 33 U.S.C. S 1342(a), provides that the Administrator of EPA, oras state upon approval by the EPA, may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States, to ensure compliance with the requirements of the CWA. The discharges are subject to specific terms and conditions, as prescribed in the permit. See also 33 U.S.C. $1311. 10. Pursuant to Section 402(b) of the CWA, 33 U.S.C. S 1342(b), the EPA: authorized PADEP to issue NPDES permits in the Commonwealth of Pennsylvania on June 30, 1978. 11. Pursuant to its authority under Section 402 of the CWA, 33 U.S.C. S 1342, the PADEP issued NPDES Permit Number PA0028223 ("Permit") to the Municipal Authority of the  U.S.C. S 1342(a).  9.  2    City of Corry and Thel Municipal Authority of the City of Corry  EPA Docket No. CWA.05202500IIDN  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, and has been  administratively extended by PADEP.  III. GENERAL PROVISIONS  12. For the purpose of this proceeding only, Respondents admit each) jurisdictional 13. Respondents agree not to contest the jurisdiction of the EPA with respect to the 14. The provisions oft this Order shall apply to and be binding upon the Respondents and their officers, directors, employees, contractors, agents, trustees, successors and assigns  allegation set forth in this Order. execution or enforcement oft this Order.  oft the Respondent.  15. Respondents shall bear their own costs and attorney's fees in connection with this proceeding and associated with the implementation or enforcement of this Order, including any costs related to resolution of any dispute arising regarding this Order. 16. Issuance of this Order is intended to address the violations described herein. The EPA reserves the right to commence action against any person, including Respondent, in response to any condition which the EPA determines may present an imminent and substantial endangerment to the public health, public welfare, or the environment. The EPA: also reserves any existing rights and remedies available to it under the CWA, 33 U.S.C. 55 1251 - 1389, the regulations promulgated thereunder, and any other federal laws or regulations for which the EPAI has jurisdiction. Further, the EPA reserves any rights and remedies available to it under the CWA, the regulations promulgated thereunder, and any other federal laws or regulations for which the EPA has jurisdiction, to enforce the provisions oft this Order, following the Effective Date, as defined below. 17. This Order does not constitute a waiver or modification of the terms or conditions of any permit issued to Respondent. Nothingi in this Order shall relieve Respondents of their obligation to comply with all applicable provisions of federal, state, or local laws and regulations, nor shall it restrict the EPA's authority to seek compliance with any applicable laws or regulations, nor shall it be construed to be a ruling on the validity of anyf federal, state or local permit. This Order does not constitute a waiver, suspension orr modification of the requirements of the Act, 33 U.S.C. 55 1251-1389, orany  regulations promulgated thereunder.  18. Respondents waive any and all remedies, claims for relief and otherwise available rights toj judicial or administrative review that Respondents may have with respect to any issue of fact or law set forth in this Order, including any right ofj judicial review pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. S5 701-706.  3    City of Corry and The Municipal Authority of the City of Corry  EPA Docket. No. CWA.03-20250011DN  19. The EPA reserves all existing inspection authority otherwise available to the EPA pursuant to Section 308 of the CWA, 33 U.S.C. $1318, or pursuant to any other statute  or law.  20. The undersigned representative of each Respondent certifies that he or she is fully authorized by the party represented to enter into the terms and conditions of this Order  and to execute and legally bind the Respondent.  21. By signing this Order, each Respondent acknowledges that this Order may be available to the public and represents that, to the best of Respondent's knowledge and belief, this Order does not contain any confidential business information or personally identifiable  information from Respondent.  22. Each Respondent certifies that any information or representation it has supplied or made to the EPA concerning this matter was, at the time of submission, true, accurate, and complete and that there has been no material change regarding the truthfulness, accuracy or completeness of such information or representation. The EPA: shall have the right to institute further actions to recover appropriate relief if the EPA obtains evidence that any information provided and/or representations made by any Respondent to the EPA, regarding matters relevant to this Order, are false or, in any material respect, naccurate. This right shall bei in addition to all other rights and causes of action that the EPA may have, civil or criminal, under law or equity in such event. Each Respondent and its officers, directors and agents are aware that the submission ofi false or misleading information tot the United States government may subject a person to separate civil  and/or criminal liability.  23. Notwithstanding any other provisions of this AOC, no action or decision by the EPA, including, without limitation, decisions of the Chief, Water Branch, Enforcement & Compliance Assurance Division ("ECAD"), or Director, ECAD, EPA, Region 3, shall constitute at final agency action giving rise to any right to judicial review prior to the EPA's initiation ofj judicial action to compel either, or both, Respondent's compliance  with, or otherwise enforce, this AOC.  IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW  24. Respondent, City of Corry, is a Pennsylvania third-class city and is a 'municipality" within 25. Respondent, the Municipal Authority oft the City of Corry, is al Pennsylvania municipal authority and a public body which has jurisdiction over disposal of sewage, industrial wastes, or other wastes, and is therefore a "municipality" within the meaning of Section  the meaning of Section 502(4) of the CWA, 33 U.S.C. 51 1362(4).  502(4) of the CWA, 33 U.S.C. S 1362(4).  4    City of Corry and The Municipal Authority of the City of Corry  EPA Docket No. CWA.03-2025.0011DN  26. Respondents are each a "person" within the meaning of Section 502(5) of the CWA, 33 27. At all times relevant herein, upon information and belief, Respondent the Municipal Authority of the City of Corry has owned, and continues to own the Facility, that  U.S.C. S 1362(5) and 40 C.F.R. 51 122.2.  discharges to waters of the United States.  28. At all times relevant herein, upon information and belief, Respondent City of Corry has operated, and continues to operate the Facility, that discharges to waters of the United  States.  29. The Facility provides sewage treatment for a population of approximately 6,000-8,000 people within the City of Corry, Pennsylvania and portions of Columbus, Concord, and Wayne Townships. The Facility is designed to treat and discharge up to 3.5 million gallons per day ("MGD") to Hare Creek. At all times relevant to this Order, the  Respondents have discharged wastewater to Hare Creek.  30. Hare Creek is a relatively permanent water connected to Brokenstraw Creek and the Allegheny River. Portions of the Allegheny River are a traditional navigable water. Hare Creek, Brokenstraw Creek and the Allegheny River are "waters of the United States" within the meaning of Section 502(7) of the CWA, 33 U.S.C.S S 1362(7).  31. On May 4, 2023, pursuant to the EPA'sauthority under Section 308 of the CWA, 33 U.S.C. $1318, the EPA Inspectors conducted an inspection oft the Facility ("Inspection") to determine the Facility's compliance with the CWA and with its Permit.  32. Following the Inspection, the EPAI issued an Inspection Report, dated. July 3, 2023. By email dated July 3, 2023, the EPA: sent the Inspection Report to the Respondents. 33. Based on the observations of the EPA Inspectors during the Inspection, and information obtained from the Facility before and after the Inspection, the EPA concluded that the Respondents violated various terms and conditions of the Facility's NPDES Permit No.  PA0028223.  34. On April 29, 2024, the EPA: sent a Notice of Potential Violations and Opportunity to Confer letter ("NOPVOC letter") to the Respondents, summarizing certain alleged violations of the Permit observed during the Inspection. By letter dated May 3, 2024, the Respondents requested to confer with the EPAI in response to EPA's NOPVOCI letter.  COUNT1  Failure to Comply with Effluent Limitations and Monitoring Requirements  35. The allegations in the preceding paragraphs are incorporated by reference.  5    City of Corry and The Municipal Authority of the Cityofo Corry  EPA Docket No. CWA.03-20250011DN:  36. Part AI IA of the Permit defines effluent limitations and monitoring requirements for 37. The Facility experienced 15 effluent limit exceedances from Outfall 001 between February 28, 2019, and September 30, 2022. These exceedances included bis (2- ethylhexyl!) phthalate, fecal coliform, total copper (as Cu), and total suspended solids ("TSS"). See Table 1b below for the list of effluent exceedances.  Outfall001 discharges.  Table 1. Effluent Exceedances for Outfall 001 (February 28, 2019- - September 30, 2022)  NPDES ID Monitoring Parameter  Limit Type Value  DMR  Permit Limits 0.17 0.17 0.11 0.35 0.52 0.17 0.11 0.004 45 1314 1314  Units Ibs/d Ibs/d mg/L Ibs/d mg/L Ibs/d Ibs/d Ibs/d Ibs/d mg/L mg/L Ibs/d #/100mL Ibs/d #/100mL  Period End Date  PA0028223 2/28/2019  Bis(2-ethylhexyl) WKLYAVG 0.2  phthalate phthalate phthalate phthalate Cu) Cu) Cu) phthalate phthalate phthalate suspended suspended general Solids, total suspended general  PA0028223 3/31/2019 Bis/2-ethylhexyl) WKLYAVG 0.3 PA0028223 3/31/2019 Bis(2-ethylhexyl) MO AVG 0.006 0.004 PA0028223 3/31/2019 Bis/2-ethylhexyl) MO AVG 0.2 PA0028223 4/30/2019 Copper, total (as MO AVG 0.141 0.012  PA0028223 4/30/2019 PA0028223 4/30/2019 PA0028223 4/30/2019 PA0028223 4/30/2019 PA0028223 4/30/2019  Copper, total (as MO AVG 5 Copper, total (as WKLYAVG 21 Bis/2-ethylhexyl) WKLYAVG 0.6 Bis(2-ethylhexyl) MO AVG 0.4 Bis/2-ethylhexyl) MOAVG 0.025  PA0028223 5/31/2022 Solids, total PA0028223 5/31/2022 Solids, total PA0028223 7/31/2022 PA0028223 9/30/2022 PA0028223 9/30/2022  WKLY AVG 46 WKLY AVG 1792 WKLYAVG 1845  Coliform, fecal INST MAX 2419.6 2000 Coliform, fecal INST MAX 2419.6 2000  38. On 15 occasions, shown in Table 1, above, Respondents failed to comply with the  discharge limits seti in its Permit.  6    City of Corry and The Municipal Authority of the City of Corry  EPA Docket No. CWA.03-2025-0011DN  39. Part A HI.A.4.co of the Permit states:  "Test procedures (methods). for the analysis of pollutant parameters shall be sufficiently sensitive. A method is sufficiently: sensitive when 1) the method minimum level is ator below the level of the effluent limit established in the permit for the measured pollutant  orA pollutant parameter,...  Table 2. Laboratory Results at Detection Levels (February 29, 2020 - September 30, 2022)  NPDES ID Monitoring Parameter  Limit Type  DMR Value  Permit Limits  Units #/100mL #/100mL #/100mL #/100mL  Period End Date  PA0028223 2/29/2020 PA0028223 7/31/2022 PA0028223 9/30/2022  Coliform, fecal INSTI MAX 2419.6 10000 Coliform, fecal INSTI MAX 2419.6 2000 Coliform, fecal INSTI MAX 2419.6 2000  general general general general  PA0028223 10/31/2020 Coliform, fecal INSTI MAX 2419.6 10000  40. Oni four occasions, shown in Table 2, above, Discharge Monitoring Report (DMR) values of 2419.6 #/mL were reported. It appears that these values are a result of the test method not being sensitive enough to measure a concentration above that value. On at least two occasions, on 2/29/2020 and 10/31/2020, the maximum detection level of the test method used was below the level of the effluent limit  a.  established int the Permit for fecal coliform.  b. As an additional concern, on at least two occasions, on 7/31/2022 and  9/30/2022, the maximum detection level of the test method used was above the Permit limit, but still did not accurately measure the concentration of fecal  coliform.  41. By failing to comply with effluent limitations in the Permit on at least 15 occasions, Respondents violated Part A IA of the Permit, issued under Section 402 of the CWA, 33  U.S.C.S 51342, and Section 301 of the CWA, 33 U.S.C. $1311.  42. By failing to use test procedures (methods) for the analysis of fecal coliform which were sufficiently: sensitive to measure the minimum level of the effluent limit established in the Permit, on at least two occasions, Respondents violated Part A III.A.4.c of the Permit, issued under Section 402 of the CWA, 33 U.S.C. S 1342, and Section 301 of the  CWA, 33 U.S.C. $1311.  7    City of Corry and Thel Municipal, Authority oft the City of Corry  EPA Docket No. CWA-03-2025001IDM  COUNT2  Failure to Implement a Preparedness, Prevention and Contingency (PPC) Plan  43. The allegations in the preceding paragraphs are incorporated herein by reference.  44. Part C. VI.B.1 of the Permit states:  "The permittee shall develop and implement a PPC Plan in accordance with 25 Pa. Code S 91.34 following the guidance contained. in DEP's "Guidelines for the Development and Implementation of Environmental Emergency Response Plans" d. The PPC Plan must identify areas which, due to topography or other factors, have a high potential for. soil erosion, and identify measures to limit erosion."  (DEP ID 400- 2200-001). :.  45. Part C. VI.D of the Permit states:  "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. [Best management practices ("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 of inspections shall be maintained on-site and be made available to  DEP upon request." "  46. During the Inspection, the EPA Inspection Team observed evidence of discharges of sediment and other particulate matter from the area between the sludge drying beds into an storm drain inlet. This inlet discharges through Outfall 004 to Hare Creek. Respondents Preparedness, Prevention and Contingency Plan did not specify what Best Management Practices should be installed to prevent discharges from the sludge drying  beds into the storm drain inlet.  47. Int failing to install Best Management Practices to prevent discharges to Hare Creek, Respondents violated Part C. VI.B.1 and VI.D of the Permit, issued under Section 402 of the CWA, 33 U.S.C.S 1342, and Section 301 of the CWA, 33 U.S.C. S 1311.  COUNT3  Failure to Conduct and/or Document Stormwater Inspections  48. The allegations in the preceding paragraphs are incorporated herein by reference.  49. Part C.VI.D of the Permit states:  8    City of Corry and Thel Municipal Authority of the City of Corry  EPA Docket No. CWA.03202500IIDN  "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 DEP upon request."  50. Part C.VI.B.1 of the Permit states:  "The permittee shall develop and implement a PPC Plan in accordance with 25 Pa. Code S 91.34 following the guidance contained in DEP's "Guidelines for the Development and Implementation of Environmenta Emergency Response Plans" (DEPID400.2200-001), its NPDESspecfic-odeendum and the minimum requirements  below."  51. 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 off facility) for the evidence of, or the potential  for, pollutants entering the stormwater drainage system.." 52. 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  annual facility inspection be conducted.."  53. Section 5.2 of the PPC Plan addresses the Annual Inspection Report and states:  "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 authorized personnel that conducted the inspections and shall be kept in Appendix E of this document. The report shall be made available upon request and retained for at least one year after termination of coverage of the  present NPDES permit. "  54. The Annual Report Form (PAI DEP Form 3800-PM-WSFR0083V/ is included as  Appendix Ei in the Facility's PPC Plan.  55. During the records review portion oft the Inspection, the EPAI Inspection Team asked a Facility representative for copies of the stormwater annual reports for the prior three years. The Facility representative stated no annual reports were conducted for  stormwater.  9    City of Corry and The Municipal Authority of the City of Corry  EPA Docket No. CWA.03-2025.0011DN  56. Ini failing to conduct and/or document routine annual stormwater inspections at the Facility from May 2020 to May 2023, Respondents violated Part C.VI., Subsections B.1. and D of the Permit, issued under Section 402 of the CWA, 33 U.S.C. S 1342, and Section  301 oft the CWA, 33 U.S.C. $1311.  V. ORDER  Therefore, Respondents are hereby ORDERED, pursuant to Section 309(a) of the CWA, 33 U.S.C. 57. The Respondents shall take all actions necessary to comply with the Clean Water Act, including, but not limited to, complying with all requirements of the Permit, along with  $1319(a), to conduct the following activities:  any subsequent permit or permit modifications.  58. On November 16, 2024, the Respondents submitted to the EPA for review a Corrective Action Plan ("CAP"), in order to meet the requirements set forth in this AOC. The CAP has been approved by the EPA, is attached hereto as Exhibit A, and includes plans and a schedule for implementing corrective actions to address the following:  a.  Short-term corrective actions to address effluent violations that occurred during the time period of February 28, 2019 to September 30, 2022, for the following parameters: (1) bis (2-ethylhexyl) phthalate, (2) fecal coliform, (3) total copper Installation of Best Management Practices to prevent stormwater and other particulate matter from flowing from the sludge drying bed area through Outfall Conducting and documenting stormwater inspections, including routine visual inspections, semiannual BMP inspections, and annual facilityi inspections. Provide to EPA verification that at test method is being used for Fecal Coliform that has a detection limit above the 10,000 #/100 mL Permit Limit.  (as Cu), and (4) total suspended solids ("TSS").  b.  004 to Hare Creek.  C. d.  Respondents shall implement the CAP in accordance with the schedule set forth in the  CAP.  59. Respondents shall implement the Act 537 Plan/Plan Update, as adopted by each  Respondent, and submitted to PADEP for approval on. June 28, 2024, and in accordance  with the schedule below.  10    City of Corryo and The Municipal Authority of the City of Corry  EPA Docket No. WA-03-202500I1DM  PROJECT MILESTONE TIMELINE  Milestone  Schedule  Submit Applications for NPDES (PartI) and' WQM (Part II) Permit  Within eighteen( (18) months after issuance and receipt of PADEP approval Within six (6) months after issuance and receipt of all required PADEP permits Within three (3) months after closing on PennVest or other funding commencement of construction Within six (6) months after substantial completion of construction  of Act 537 Plan  Apply for PennVest or Other Funding  Start Construction  Substantial Completion of Construction Within thirty-six (36) months after  Start Up of New Facilities  60. Reporting a.  Fora a period of two years following the Effective Date of this Order, Respondents shall submit to EPA reports of all stormwater inspections, including routine visual inspections, semiannual BMP inspections, and annual facility inspections using PAI DEP Form 800-PM-WSFR0083V. The stormwater inspections including semiannual BMP inspection reports shall be submitted by March 315t and by September 30th each calendar year, and the annual facility inspection reports shall be submitted by March 31st of each year, for calendar Respondents shall submit to EPA a biannual status report with an explanation of the progress made and any obstacles encountered ini implementing the Act 537 Plan and the Act 537 Plan Update. The status reports shall be submitted by March 31st and by September 30th each calendar year until this Orderis  years 2025 and 2026.  b.  terminated.  11    City of Corry and Thel Municipal Authority of the City of Corry  EPA Docket No. CWA-03-2025.0011DN  VI.  PROCEDURES FOR SUBMISSIONS  61. All documents required to be submitted by this Order and any Request for Termination shall be accompanied by a certification signed by a responsible officer, as defined in 40  C.F.R. S 122.22(a), that reads as follows:  Icertify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on myi inquiry oft the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best ofr my knowledge and belief, true, accurate, and complete. l'am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.  Signature Printed Name Title Date  62. Any submission or communication relating to this Order shall be submitted (via  electronic transmission) to: Dominic Cotton U.S. EPA, Region 3 Philadelphia, PA: 19103 otondominceepaor  Enforcement and Compliance Assurance Division  and  .ORCmalboxeepagow ATTN: Natalie Katz Senior Assistant Regional Counsel U.S. EPA, Region 3 Philadelphia, PA 19103 atznatale@epa.ov  63. Fore each submission required pursuant to this Order, the EPA will review the  submission. If the EPA comments on as submission, Respondents agree to respond in  writing via email within 30 calendar days.  12    City of Corry and The Municipal Authority of the City of Corry  EPA Docket No. CWA-03-2025.00I1DN  64. Respondents may assert al business confidentiality claim covering part or all of the information which this Order requires it to submit to the EPA, but only to the extent and only in the manner described in Part 2 Subpart B of Title 40 oft the C.F.R. The EPA will disclose information submitted under a confidentiality claim only as provided in Part 2 Subpart B of Title 40 of the C.F.R. Information which is effluent data or a standard or limitation is not eligible for confidential treatment pursuant to 40 C.F.R. S 2.302(e). If Respondents do not assert a confidentiality claim, the EPA may make the submitted information available to the public without further notice to Respondents.  VII. CERTIFICATION OF COMPLIANCE AND TERMINATION  65. Upon Respondents' determination that Respondents have completed all tasks required pursuant to this Order, Respondents shall submit to EPAa a Certification of Compliance and Request for Termination of this Order. Such certification and request shall include: a certification that Respondents complied with this Order for the term oft this all necessary documentation, including photo documentation as appropriate, to support a finding that Respondents have complied with Section V oft this Order.  a. b.  Order; and  66. If, following review of any Certification of Compliance and Request for Termination of this Order, the EPA determines that any requirement has not been completed and implemented in accordance with this Order, the EPA will notify Respondents in writing, provide a written summary of deficiencies, and require Respondents to modify their actions as appropriate to correct such deficiencies. If sO required, the EPA may also require Respondents to submit a revised Certification of Compliance and Request for  Termination oft this Order.  67. If, following review of any Certification of Compliance and Request for Termination of this Order, the EPA agrees that Respondents have adequately complied with all requirements of this Order, then the EPA may, in its discretion, provide written  notification of termination of this Order.  68. The EPA, at all times, reserves the right to unilaterally terminate this Order in its 69. The EPA shall provide Respondents with written notification of termination of this  discretion. Order.  13    City of Corry and Thel Municipal Authority of the City of Corry  EPA Docket No. CWA-03-2025.00IIDM  VIII. ORDER MODIFICATIONS  70. Any request to modify the terms of, or parties to, this Order shall be submitted, in writing, by Respondents to the EPA and shall be subject to review and approval by the EPA, in its discretion. Respondent's submission of a written request for modification of this Order shall not relieve Respondents of any obligation under this Order and shall have no effect on the EPA's statutory or regulatory authority to enforce the terms of  this Order, ini its discretion.  IX. EFFECTIVE DATE  71. This Order is effective after receipt by Respondent, or Respondent's counsel, of a fully  executed copy of this Order.  SO ORDERED:  Karen Melvin |Digitally. signed and dated] U.S. EPAI Region 3  Director, Enforcement and Compliance Assurance Division  14    City of Corry and The Municipal Authority of the City of Corry  EPA Docket No. CWA-03-202500IIDM  AGREED TO FOR THE RESPONDENT CITY OF CORRY  Name: Michael E. Baker Title: Mayor City of Corry  Date  15    CityofCorrya and The Municipal Authority of the City of Corry  EPA Docket No. CWA.03-2025-0011DN  AGREED TO FOR THE RESPONDENT THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  Name: Len Clark Title: Chairman  Date  The Municipal Authority of the City of Corry  16    JAITEDS STAIES,  REGION: 3 PHILADELPHIA, PA 19103  In the Matter of: City of Corry 100 South Center: Street, Corry, Pennsylvania 16407, and The Municipal Authority of the City of Corry: 100 Sciota Street, Corry, Pennsylvania 16407, Respondents  EPAI Docket No. CWA-03-2025-0011DN  Administrative Order on Consent Pursuant to 33 U.S.C. $1319(a)  City of Corry Wastewater Treatment Plant :  100 Sciota Street Corry, Pennsylvania 16407, Facility  CERTIFICATE OF SERVICE  Icertify that the foregoing Administrative Order on Consent was filed with the EPA Region 3 Regional Hearing Clerk on the date that has been electronically stamped on the Administrative Order on Consent. Ifurther certify that on the date set forth below, Ic caused to be served a true and correct copy of the foregoing Administrative Order on Consent to each of the following persons, ini the manner specified below, at the following addresses:  Copies served via email and UPS to:  17    City of Corry and The Municipal Authority oft the City of Corry  EPA Docket No. WA-03202500IIDN  Michael E. Baker, Mayor City of Corry mbakerOcorrypa.govy 100 South Center Street Corry, Pennsylvania 16407 Russell S. Warner MacDonald, Illig, Jones & Britton LLP warner@mib.com 100 State Street, Suite 700 Erie, PA: 16507-1459  Len Clark, Chairman dark@corrypa.ov 100 South Center Street Corry, Pennsylvania 16407  The Municipal Authority of the City of Corry  Copies served via email to: Natalie Katz Sr. Assistant Regional Counsel U.S. EPA, Region 3 Katz.natalieepa.gov  Dominic Cotton Environmental Scientist U.S. EPA, Region 3 otondomincecpapor  [Digital Signature and Date] Regional Hearing Clerk U.S. Environmental Protection Agency, Region 3  18    EXHIBIT A  CORRECTIVE ACTION PLAN  FOR  THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  AND  THE CITY OF CORRY  NOVEMBER 2024  PREPARED BY: BURGESS & NIPLE, INC. 100 STATE STREET, SUITE 300 ERIE, PA 16507    1889251.5    CORRECTIVE ACTION PLAN  FOR AND THE CITY OF CORRY ERIE COUNTY, PENNSYLVANIA TABLE OF CONTENTS  THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  Section I.  Page 1 2 5  Background  II. Proposed Plan and Schedule for Interim Corrective Actions III. Proposed Timeline for Interim Corrective Actions    Cityof Corry and Corry City Municipal Authority  EPA Docket No. CWA-03-2024013IDN  DRAFT CORRECTIVE ACTION PLAN (CAP) THE MUNICIPAL AUTHORITY OF THE CITY OF CORRY  FOR AND THE CITY OF CORRY  I.  BACKGROUND  The Municipal Authority of the City of Corry ("the Authority"), al Pennsylvania municipal authority, owns the public Wastewater Treatment Plant ("WWTP") and the public sewage collection and conveyance system ("Collection System") located in the City of Corry, Erie County, Pennsylvania. The Authority's WWTP also serves portions of Columbus, Concord, and Wayne Townships. The City of Corry ("the City"), a Pennsylvania third-class city, operates and maintains the WWTP and the Collection System located within the City, pursuant to an agreement between the Authority and the City. The Pennsylvania Department of Environmental Protection ("PADEP") has issued NPDES Permit No. PA00228223 for the operation of the WWTP ("NPDES On May 4, 2023, the United States Environmental Protection Agency ("EPA") )conducted an inspection of the Corry WWTP. As a result of such inspection, on April 29, 2024, EPA sent a Notice of Potential Violations and Opportunity to Confer letter ("NOPVOC Letter") to the Corry Municipal Authority and the City, alleging certain violations of the Subsequently, on July 30, 2024, EPA sent a draft Administrative Order On Consent to the Authority and the City relating to such alleged violations. Itis anticipated that the parties will enter into a finalized Administrative Order on Consent ("AOC") in the near future, and that such AOC will require the Authority and the City to submit a proposed Corrective Action Plan to EPA for its approval. It is further anticipated that this Corrective Action Plan, once finalized and approved by EPA, will be attached to and incorporated into such final AOC, and that the final AOC will require the EPA approved The City and the Authority are committed to implementing appropriate corrective actions to address the alleged violations outlined in the AOC. The following items are  Permit").  WWTP's NPDES Permit.  CAP to be implemented by the Authority and the City.  listed in the AOC to be addressed:  A.  Short-term corrective actions to address alleged effluent violations that occurred during the time period of February 28, 2019 to September 30, 2022, for the following parameters: (1) bis (2-ethylhexy!) phthalate, (2) fecal coliform, (3) total copper (as Cu), and (4) total suspended solids ("TSS"). Installation of Best Management Practices ("BMPs") to prevent stormwater and other particulate matter from flowing from the sludge drying bed area through  B.  Outfall 004 to Hare Creek.  1    City of Corry and Corry City Municipal. Authority  EPA Docket No. CWA-3204UBIDM  C.  Conducting and documenting stormwater inspections, including routine visual inspections, semiannual BMP inspections, and annual WWTP facility inspections. D. Provide to EPA verification that at test method is being used for Fecal Coliform that  has a detection limit above the 10,000 #/100 mL Permit Limit.  II. PROPOSEDI PLAN ANDSCHEDULE - FOR INTERIM CORRECTIVE ACTIONS  The City and the Authority believe that a new Corry sewage treatment plant is needed toa achieve long-term and sustainable compliance with the NPDES Permit and applicable law. Therefore, the City and the Authority have prepared and submitted to PADEP, on June 28, 2024, an Act 537 Plan which proposes the construction and utilization of a new Corry sewage treatment plan and related improvements at a currently-estimated cost of almost $40 million. The City and the Authority are committed to implementing their proposed Act 537 Plan and the construction of this new sewage treatment plant, following the necessary PADEP approval of Corry's Act 537 Plan and the issuance of the Ini the interim, the actions as set forth below have been and/or will be taken to address  necessary PADEP permits for the new sewage treatment plan. the compliance issues raised by EPA in the COA.  A.  Regarding effluent violations that occurred during the time period of February 28, 2019, to September 30, 2022, there were 15 effluent violations that occurred during that period for a variety of reasons. Below is an outline of the cause for each parameter violation and how it has been or will be addressed in the interim period before the new wastewater treatment plant is constructed.  1. Bis -ethyhex/,Phthalate  The violations for bis (2-ethylhexy!) phthalate that occurred from February 2019 to April 2019 were due to the type of material that the sampling tube was made out of at the time. This has already been remedied by simply using a different type of material for the sampling tube. No violations of bis (2-ethylhexy!) phthalate have occurred since the sampling tube  material was switched out.  2. Fecal Coliform  The violations of fecal coliform that occurred in July and September of 2022 were due to high rainfall events. On July 24, 2022, there was 2.275" of rainfall. On. July 25, 2022, there was 0.715" of rainfall. The CI2 residual was 0.16 at the time of fecal coliform sample. The treatment plant was providing only partial treatment during that limited high flow period, with flows through the contact tank reaching over 9 MG flow. The high fecal count was due to high organics, high flow, and  low detention time.  2    City of Corry and Corry City Municipal Authority  EPA Docket No. CWA-03-20240131DN  Plant flow on September 27, 2022, was 9.5 MG and fecal count was 2419.6. High flows were due to rain on the 26th (2.21") and on the 27th (1.86-"). This high flow to the plant was the reason for the high fecal Corry has already reduced the total BOD loadings to the WWTP by establishing a 'hauled-in" septage or industrial haulers program with limits on frequency and volumes on such hauled-in" waste. This program was implemented in March of 2022 as part of the 2021 PADEP Wasteload Management Report Corrective Action Plan. This program has limited the volume of septage/hauled-in waste the WWTP will accept and has already proven to significantly reduce BOD loadings at the WWTP. Issues with capacity and handling wet weather flows will be addressed int the design and construction of new wastewater facilities. Maintaining a proper CI2 residual during wet weather events has and will continue to be a focus in operations until new facilities can be constructed. It should be noted that there have not been any fecal coliform violations since the above-referenced violations occurred in  count.  2022.  3. Total Copper (as Cu)  Total copper violations occurred in April 2019 and the reasoning for this event is unknown. It is believed that a possible lab error may be the reason. There have not been any further copper violations since that time (over five years ago). This copper event is believed to be an erroneous Corry has requested the lab to re-check its QA/QC procedures regarding copper, and to send Corry evidence of its current laboratory certification  reporting based on possible lab error.  regarding copper. 4. Total Suspended Solids (TSS)  Total suspended solids violations occurred in May 2022 and September 2022. Both of these events were caused by hydraulic overloads at the plant due to high rainfall events. In May 2022, 2.95 inches of rainfall was recorded in a single day and in September 2022, 2.21 inches and 1.86 inches of rain were recorded on the 26th and 27th of the month, respectively. On September 27th, plant flow was recorded as 9.5 MG. These high flows caused the treatment plant to provide only partial treatment during that limited high flow period. Corry's implementation of the above-referenced septage/hauled-n waste limitations in March 2022 will reduce the likelihood and extent of TSS violations during wet weather periods. In addition, the planned new wastewater facilities to be constructed will address capacity and wet weather flows issues.  3    City of Corry and Corry City Municipal Authority  EPA Docket No. WA-03-2024USIDN  B.  Stormwater BMPS. Regarding the storm drains between the sludge drying beds, the City's Engineering Firm and the City have come up with a solution to prevent particulate matter from flowing into Hare Creek. Since the time this issue was noted, the City has been using a skid steer with a broom to clean up the area between the drying beds any time when City personnel are Additionally, the City has now constructed a pipe from the westernmost catch basin to a nearby sanitary sewer manhole that flows back into the head oft the plant. The City has also plugged the line at the easternmost catch basin. This will divert all flow captured in the catch basins back into the head of the Stormwater Inspections. In the future, the City's Engineering Firm will assist the WWTP Operator in ensuring that stormwater inspections are timely conducted and documented, including routine visual inspections, semiannual BMP inspections, and annual facility inspections. Further, the City's Engineering Firm will assist the City in ensuring that the stormwater inspections, including the semiannual BMP inspection reports, are completed and submitted to PADEP and EPA by March 31st and September 30th each year, and that the annual facility inspection reports are completed and submitted tol PADEP and EPA by March 31st D. Fecal Coliform Test Methodology. The test method being used for fecal coliform has a maximum detection limit of 2419#/100mL. The lab does not have an analytical method that would detect fecal coliform levels above the 2,419 level. However, the lab stated that they could do a 1:5 dilution for any samples that test at 2,419#/100 mL. That dilution would theoretically have a detection limit of 12,095#/100 mL. This would ensure that if the fecal coliform level was ever over 10,000#/100 mL in the winter, that it would be Corry will modify its fecal coliform sampling process by sending two bottles in the winter months when the instantaneous max permit limit is 10,000#/100 mL. With the operational changes that have occurred over the past few years toreduce organic loads, we dor not anticipate any violations of this fecal coliform  removing dried sludge.  treatment plant instead of to Hare Creek.  C.  each year, in the calendar years 2025 and 2026.  detected and reported as such.  limit.  4    City of Corry and Corry City Municipal Authority  EPA Docket No. CWA-03-20240131DN  III. TIMELINE FOR INTERIMCORRECTIVE, ACTIONS  A.  A schedule of when the proposed interim actions outlined in this CAP will be  implemented is shown below in Table 3-1.  TABLE 3-1 Action  TIMELINE FOR CAP INTERIM ACTIONS  Completion Date Done Done Done Done Done  Item  A.1 Address Bis (2-ethylhexy!) Phthalate Effluent Violations A.2 Address Fecal Coliform Effluent Violations A.3 Address Copper Effluent Violations A.4 Address Total Suspended Solids Effluent Violations B. Redirect flow from catch basins between sludge drying beds back to nearby sanitary sewer manhole and plug March 31st and September 30th each year, and submit annual facility inspection reports by March 31st each year, in the calendar years 2025 and 2026. sample if necessary to detect over 10,000#/100ml  line  C. Submit semiannual BMP inspection reports by By September 30,  2026  D. Modify sampling to allow lab to dilute Fecal Coliform By November 30,  2024  5    CORRY MUNICIPAL AUTHORITY Invoices for December 17, 2024 Meeting  Name  Amount  WATER PROJECT- - PHASE II (GREEN ACCOUNT)  Burgess & Niple  Invoice #1175905 dated December 11,2024 TOTAL PHASE II WATER PROJECT INVOICE: SEWER PROJECT- - PHASE 1A/1B - (BLUE ACCOUNT) Invoice #1170101 dated November 25, 2024 Invoice #608168 dated November 14, 2024 Invoice #609146 dated December 9, 2024 **Subtotal MacDonald Illig  124.50 $1,124.50  Burgess & Niple  $4,495.50  MacDonald Illig  $6,579.02 $5,570.65 $12,149.67 $16,645.17  TOTAL 2023 PHASE 1A/1B SEWER PROJECT INVOICES:  1896512    BURGESS & NIPLE  100 State St Ste 300, Erie, Pennsylvania 16507 (814)636-1914 ar@burgessnipe.com  Corry Municipal Authority 100 South Center Street Corry, PA 16407 ATTN: Len Clark Description:  INVOICE DATE INVOICE NO. B&N PROJECT NO. 60741 TOTAL DUE  12/11/2024 1175905  $1,124.50  Authority Chairman  Attaching plans and City' Valve book to GIS assets June 1.2 2024-November: 30.2024 Phase 2' Water System Project (Water GIS)  Surveyor, PS Total Hours Total Labor  6.5 hours @ $173.00 =  $1,124.50 $1,124.50 $1,124.50  6.5  TOTAL AMOUNT DUE THIS INVOICE M Paricis  Approved:  Jeffrey A. Marnicio Check_ Payments PLEASE REMIT TO:  Electronic 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    BURGESS & NIPLE  100 State St Ste 300, Erie, Pennsylvania 16507 (814) 636-1914 ar@burgessnple.com  Corry Municipal Authority 100 South Center Street Corry, PA 16407 ATTN: Len Clark Description:  INVOICE DATE INVOICE NO. B&N PROJECT NO. 62342 TOTAL DUE  11/25/2024 1170101  $4,495.50  Authority Chairman  Coordination with PennVest; Review PennVest Advanced Funding Loan Offer/Proposal Phase 1A/1B Sewer System Project (PennVest Advanced Funding Application)  September 1.2024- October31.2024  Client Manager, PE Project Director/Manager, PE Administrative Assistant-Senior Total Hours Total Labor  13.0 hours @ $263.00 = 5.0 hours @ $203.00 = 0.5 hours @ $123.00 =  $3,419.00 $1,015.00 $61.50 $4,495.50 $4,495.50  18.5  TOTAL AMOUNT DUE THIS INVOICE  Approved:   Manicis  Jeffrey A. Marnicio Check Payments PLEASE REMIT TO:  Electronic Payments ACH/Wiring Instructions Bank: PNC Bank Routing: 041000124 Account: 4209511627. (checking) Notification E-Mail: AR@burgessmiple.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 1005 STATE STREET: SUITE 700 ERIE, PA 16507-1459 OFHCE814-870-7600 MACDONAIDILIGCOM: TAXI.D.No.: 25-0918810  MACDONALD ILLIG ATTORNEYS  INVOICE  Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  November 14, 2024 Invoice 608168 Page 1  Our File # 17559.0023 2023 Phase 1A/1B Sewer Project  For Services Through October 31, 2024  10/01/24  Prepare letters to Corry Legal Journal, First National Bank, Corry Redevelopment Authority and Erie County Redevelopment Authority  regarding 2023 Audited Financials.  K. Connelly  10/02/24  Update Corry Municipal Authority loan documents; conference with K.  Connelly regarding closing matters. J.W.Alberstadt, Jr.  10/03/24  Work on Corry Municipal Authority loan documents for execution; prepare  DCED notice letter; exchange e-mails with K. Connelly.  J.W.A Alberstadt, Jr. K. Connelly R. S. Warner  10/09/24 10/09/24 10/10/24  E-mails with R. Clayton and J. Smith regarding PennVest matters.  Work on PennVest matters and documents.  E-mails with PennVest and legal analysis regarding Advance Funding  requirements; review documents.  R.S. Warner M. A. Micsky M. A. Micsky M. A. Micsky Prepare for CMA meeting. R.S. Warner  10/15/24 10/15/24 10/15/24 10/15/24 10/16/24  Prepare Corry Municipal Authority documents CMA board meeting. Prepare update to CMA Certificates of Deposit account list.  Prepare for PennVest meeting; e-mail correspondence with J. Smith on same.  E-mails and receipt of PennVest Advance Funding Award; review documents    MACDONALD ILLIG JONES & BRITTON LLP 100 STATE STREET: SUITE 700 ERIE. PAI 16507-1459 OFICE814-870-7600 MACDONAIDILGON TAXI.D.NO. 25-0918810 November 14, 2024 Invoice 608168 2 Page  MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  and prepare for loan closing. R. S. Warner R. S. Warner M.A. Micsky mails regarding same. R. S. Warner  10/16/24 10/16/24 10/17/24  Prepare for Corry Municipal Authority meeting.  Review PennVest funding offer to CMA and e-mail correspondence on same. Receipt and review of PennVest funding offer and prepare for closing; e-  10/18/24  Review new loan award from PennVest for Advanced Funding of engineering  costs for new WWTP; prepare for closing of loan funding.  R.S. Warner R.S. Warner R.S. Warner  10/19/24 10/20/24 10/21/24  Prepare for Corry Municipal Authority meeting; draft and revise documents. Prepare for Corry Municipal Authority meeting; draft and revise documents. Review PennVest project site; e-mails with PennVest regarding final  amortization for project; e-mail with J. Smith.  K. Connelly  10/21/24  Prepare for Corry Municipal Authority meeting: draft, revise, finalize  documents; e-mails regarding same.  R.S. Warner M. A. Micsky R.S. Warner K. Connelly  10/21/24 10/22/24 10/23/24 10/23/24  Draft agenda notes and e-mail correspondence.  Prepare for Corry Municipal Authority meeting: work on new PennVest loan.  Prepare for PennVest loan; e-mails with PennVest.  Prepare for Corry Municipal Authority meeting: work on PennVest loan  preparation and documents; e-mails.  R.S. Warner  10/23/24  E-mail correspondence with B. Linton on PennVest loans.    MACDONALDLG, JONES&E BRITTON LLP 1005 STATE STREET SUITE 700 ERIE. PA 16507-1459 OFFICE: 814-870-7600 MACDONAIDILIG.COM TAXI.D. NO. 25-0918810 November 14, 2024 Invoice 608168 Page3  MACDONALD ILLIG ATTORNEYS Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  M.A.N Micsky M.A. Micsky M. A. Micsky R.S. Warner  10/23/24 10/29/24 10/29/24  CMA Board meeting preparation. Prepare for and attend Authority meeting. Prepare for and attend CMA meeting.  Fees for legal services  $6,509.50  Reimbursable Costs  Invoice #8-649-32267 DATE: 10/14/2024. Postage Document Reproduction  31.89 32.53 5.10  PAYEE: Federal Express; REQUEST#: 652860;  Total reimbursable costs  $69.52 $6,579.02  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 1,2 2024 a 3% processing fee will be added to    MACDONALD! ILLIG JONES & BRITTON LLP 100S STATE STREET SUITE 700 ERIE, PA: 16507-1459 OFFICE: 814-870-7600 MACDONAIDIIG.OM: TAXID.NO.25.0918810  MACDONALD ILLIG ATTORNEYS  INVOICE  Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  December 9, 2024 Invoice 609146 Page 1  Our File # 17559.0023 2023 Phase 1A/1B Sewer Project  For Services Through November 30, 2024  11/03/24  E-mails and review completed PennVest funding offer; prepare for PennVest  closing. R. S. Warner R. S. Warner  11/04/24 11/04/24  Post-meeting follow up regarding new sewer plant project.  E-mail correspondence with L. Clark on SAM registration; review SAM  registration status and requirements.  M. A. Micsky K. Connelly PennVest Loan. R. S. Warner M. A. Micsky requirements. J.W.Alberstadt, Jr. Corry WWTP. R.S. Warner  11/05/24 11/05/24  Conference call with Pennvest regarding closing items.  Prepare for and participate in CMA/PennVest conference call; work on  11/05/24 11/06/24  Prepare for and attend conference with Pennvest and CMA for loan. Legal analysis regarding Pennvest preliminary loan and LGUDA filing  11/08/24  Receipt and review ofPADEP NPDES permitting documents and e-mails for  11/11/24  Prepare timetable for Pennvest loan; prepare debt statement and borrowing  base certificate; e-mail to R. Clayton.  K. Connelly R. S. Warner  11/11/24  Work on PennVest loan for new WWTP project.    MACDONALD ILLIG JONES &E BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PA 16507-1459 OFFICE:814-870-7600 MACDONALDILIG.COM TAXI.D.No.: 25-0918810 December 9, 2024 Invoice 609146 Page 2  MACDONALD ILLIG ATTORNEYS  Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  11/11/24  Review LGUDA debt statement, borrowing base certificate, and timetable for  Pennvest loan. M.A. Micsky closing; e-mails R. S. Warner K. Connelly M. A. Micsky R. S. Warner R. S. Warner K. Connelly  11/12/24  Prepare for meeting; review documents; work on PennVest financing and  11/14/24 11/14/24 11/14/24 11/15/24 11/19/24 11/19/24  Work on Pennvest financing matters.  Review updated debt statement and base borrowing certificate. Work on PennVest and LGUDA loan matters; prepare for loan closing.  Prepare for Corry Municipal Authority meeting. Attention tol PennVest pre-closing matters.  E-mails with PennVest regarding financial documents for loan; work on DCED LGUDA application documents; e-mails and legal analysis. Review B & N engineering proposal for PennVest project.  R. S. Warner R.S S. Warner  11/19/24 11/19/24  E-mail correspondence with S. Hajec and L. Clark on CD rates for maturing CD: renewal; review Burgess and Niple proposal for engineering work for  PENNVEST. M. A. Micsky R. S. Warner recommendation. M.A. Micsky R.S. Warner  11/20/24 11/20/24  Prepare for Corry Municipal Authority meeting.  E-mail correspondence with S. Hajec, L. Clark, and W. Hammond on CD  11/22/24  Prepare for Corry Municipal Authority meeting; e-mails.    MACDONALD ILLIG) JONES &E BRITTON LLP 100 STATE STREET SUITE7 700 ERIE, PAI 16507-1459 OFFICE814-870-7600 MACDONAIDIIGCOM: TAXI.D.No. 25-0918810 December 9, 2024 Invoice 609146 Page 3  MACDONALD ILLIG ATTORNEYS  Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  11/22/24  E-mail correspondence with L. Clark, W. Hammond, Atty. Warner, and S. Work on LGUDA requirements and guarantor and borrower resolutions.  Hajec on CD rates and ecommendation.  M. A. Micsky J.W.Alberstadt, Jr. M.. A. Micsky plan. M.A. Micsky regarding same. R. S. Warner Authority. M. A. Micsky  11/25/24 11/25/24 11/26/24  Legal analysis regarding LGUDA.  E-mail correspondence with J. Smith regarding PADEP approval of Act 537  11/26/24  E-mails with PADEP regarding Act 537 Plan approval; legal analysis  11/27/24  Review prior LGUDA filings for PennVest loans by Corry Municipal  11/28/24  Receipt and review of formal approval letter from PADEP regarding Act 537 Plan; legal analysis regarding same; e-mails regarding same.  R. S. Warner  Fees for legal services  $5,186.00  Reimbursable Costs  Legal Notice DATE: 11/1/2024. Document Reproduction  370.55 14.10  PAYEE: Corry Journal; REQUEST#: 653232;  Total reimbursable costs  $384.65 $5,570.65  Net current billing for this invoice  Open Invoices  Invoice  Amount  Balance    MACDONALD ILLIG ATTORNEYS  MACDONALD ILLIG JONES &E BRITTON LLP 100 STATE STREET SUITE 700 ERIE, PA 16507-1459 OFFICE: 814-870-7600 MACDONALDILIG.COM TAXI.D.No. 25-0918810 December 9, 2024 Invoice 609146 Page 4  Corry Municipal Authority 249 Mead Avenue Corry, PA 16407  Date 11/14/24  608168  6,579.02 Total  6,579.02 6,579.02 $12,149.67  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 of 1% per month (12% annually) will be charged on all  ** Effective January 1, 2024 a 3% processing fee will be added to    2025 CMA MEETING DATES IMPORTANT NOTICE  PLEASE MARK YOUR CALENDARSNOW:  The 2025 schedule for the regular meetings of the Corry Municipal Authority are as follows:  January - NO MEETING Tuesday, February 18, 2025 March -I NO MEETING Tuesday, April 15, 2025 May - NO MEETING Tuesday, June 17, 2025 July- - NO MEETING Tuesday, August 19, 2025 September- - NO MEETING Tuesday, October 21, 2025 November- - NO MEETING Tuesday, December 16, 2024  All meetings will be held at the Corry City Council Chambers, 100 South Center Street, Corry,  PA 16407, and all meetings will start at 10:00 a.m.  Len P. Clark Chairperson  1906675