Allegheny County Header
File #: 12775-23    Version: 1 Name:
Type: Ordinance Status: Enacted
File created: 8/11/2023 In control: Chief Clerk
On agenda: 8/15/2023 Final action: 10/10/2023
Title: An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing Land Reclamation Group, LLC, an environmental services company, to enter onto County property for the purpose of completing a stream restoration project at Pierson Run in the County’s Boyce Park.
Sponsors: Chief Executive
Attachments: 1. 12775-23 Pierson Stream Summary.docx, 2. 31-23-OR 12775-23.pdf
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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing Land Reclamation Group, LLC, an environmental services company, to enter onto County property for the purpose of completing a stream restoration project at Pierson Run in the County’s Boyce Park.

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Whereas, the County is the owner of approximately nine hundred forty-nine (949) acres of real property in Plum Borough identified as Block and Lot Number 975-L-380 and known generally as Boyce Park; and

Whereas, a local stream called the Pierson Run tributary runs through Boyce Park; and

Whereas, the Pennsylvania Department of Environmental Protection has designated the Pierson Run tributary as impaired for sediment and siltation and qualifies for stream restoration following the guidance set forth in Pennsylvania Turnpike Municipal Separate Storm Sewer Systems” (MS4) permit; and

Whereas, Land Reclamation Group, LLC, an environmental services company located in Pittsburgh, wishes to enter onto a portion of Boyce Park for the purpose of completing a stream restoration project at Pierson Run; and

Whereas, the County recognizes that Land Reclamation Group LLC’s the resulting work on the stream restoration project at Pierson Run will reduce the discharge of pollutants and protect water quality at Pierson Run and will provide sediment reduction credit to the Pennsylvania Turnpike which is required to reduce its pollutant loading into the Ohio River Watershed; and

Whereas, the County Parks Department and the Allegheny County Parks Foundation have reviewed the proposal presented by Land Reclamation Group, LLC to complete the stream restoration project at Pierson Run and jointly recommend its approval; and

Whereas, County Council recognizes that the granting of permission to Land Reclamation Group, LLC to enter onto Boyce Park property to complete the stream restoration project at Pierson Run will inure to the benefit of the citizens of Allegheny County by reducing the discharge of pollutants and protecting water quality at Pierson Run; and

Whereas, Article IV, Section 2(k) of the Allegheny County Home Rule Charter vests County Council with the power to permit the use of County real property.

The Council of the County of Allegheny hereby enacts as follows:

SECTION 1. Incorporation of the Preamble.

The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.

SECTION 2. Authorization to Permit the Use of County Real Property.

Allegheny County Council hereby grants permission to Land Reclamation Group, LLC to enter onto County property complete a stream restoration project to reduce the discharge of pollutants and protect water quality at Pierson Run in the County’s Boyce Park.

The proper officers of the County are hereby authorized to execute all documents necessary to effectuate the authorization granted by this legislation.

SECTION 3. Effective Date.

The Ordinance shall become effective as of September 1, 2023 and continue in effect until the earlier of the following: the stream restoration work at Pierson Run in the County’s Boyce Park is completed or December 31, 2029.

SECTION 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance, which shall be in full force and effect.

SECTION 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.