[Adopted 7-6-1999 by Ord. No. 7-99]
Pursuant to the provisions of the Intergovernmental Cooperation
Law, Act 180, approved July 12, 1972,[1] the Township of Bridgewater (hereinafter referred to as
the "municipality") shall and does hereby enter into and adopt an
agreement of cooperation (hereinafter "agreement") with such other
municipalities of Susquehanna County as may ordain to do so, providing
for the establishment and maintenance of a joint local agency as authorized
by Section 8 of the Sewage Facilities Act, Act No. 537, January 24,
1966, P.L. (1965) 1535 (hereinafter the "Act"),[2] to be known as the "Susquehanna County Council of Governments
Sewage Enforcement Committee" (hereinafter "Committee").
The agreement shall provide:
A.
For the delegating and transferring to the Committee of all functions,
powers, and/or responsibilities of the municipality, as provided for
by the Act, as amended or hereafter amended, which shall include,
but not be limited to, the following:
(1)
Accepting applications for, making the required inspections and issuing,
denying and/or revoking permits pursuant to the requirements of the
Act aforesaid, for and on behalf of this municipality.
(2)
Setting fee schedules for processing permit applications and issuing
permits, adopting and revising from time to time a permit fee schedule
and collecting the permit fees in accordance therewith on behalf of
this municipality, to be used to underwrite the cost of administration
of this program, this municipality further agreeing to assign annually
its rights to the Committee to all reimbursements, appropriations
of grants to which this municipality might be entitled under this
program, in accordance with applicable regulations of the Department
of Environmental Protection or other state or federal agency.
(3)
Appointing and/or employing certified sewage enforcement officers
and such other employees or personnel on behalf of this municipality,
as may be necessary, to make the required inspections within the said
municipality and to receive applications for and to issue in the name
of said municipality permits as provided for by said Act or to deny
and/or revoke the same, and determining the amount and method of compensation
for such personnel.
(4)
Applying for and receiving reimbursement from the Pennsylvania Department
of Environmental Protection.
(5)
Establishing all necessary provisions and procedures for issuance
of permits, collection of fees, enforcement of the Act and the rules
and regulations promulgated pursuant thereto, prosecution of violations,
hearing appeals from decisions of the sewage enforcement officers,
and appearing as a party respondent to appeals taken from the decision
of the local agency pursuant to the local act.
(6)
Adopting rules and regulations and procedures not inconsistent with
the Sewage Facilities Act[1] or the rules and regulations promulgated pursuant thereto,
which the agency deems necessary and proper to the effective administration
of the Act and to the effective execution of the powers, duties, and
responsibilities granted by the Act, the ordinances of participating
municipalities and the agreement of cooperation.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(7)
Requiring and collecting an annual fee from this municipality and
all participating municipalities for membership in the Susquehanna
County Council of Governments as established by said Council of Governments
in accordance with its bylaws as a condition of participation in the
aforesaid Sewage Enforcement Committee and the conduct of the responsibilities
herein contained in this article by the Committee.
B.
That the purposes and objectives of the agreement are to create a
local agency which will equally administer and enforce the provisions
of the Act within each municipality that is a part of and included
within the jurisdiction of the agency created.
C.
That the manner and extent of financing the activities of the agency
shall be determined by the agency, which will annually, before preparation
of budgets of participating municipalities, specify the amount of
funds, if any, that will be needed from each member municipality to
finance any costs not covered by fees and reimbursement, which amounts
shall be approved by each member municipality. The agency shall attempt,
as nearly as is feasible, to limit its expenditures to income received
from fees and reimbursements.
D.
That the organizational structure of the agency shall include, but
not be limited to, a governing body composed of one elected official
or other designated representative from each participating municipality,
to be chosen on an annual basis by each participating municipality.
E.
For the manner in which property, real or personal, shall be acquired,
managed or disposed of, including provision that upon complete termination
of the agency's existence, its remaining assets shall be equally
reimbursed to the participating municipalities existing at such time.
F.
That the agency shall serve only those municipalities participating
therein.
G.
That nonmember municipalities in the County of Susquehanna may become
participating members of the agency by proper ordinance adopting the
agreement.
H.
That the agreement of cooperation as herein contained in this article
may be amended by a two-thirds vote of all Committee members or terminated
by ordinance of all participating members. All amendments duly passed
by a two-thirds vote of the full Committee must be adopted by ordinance
of each of the participating municipalities within 90 days of the
said action by the Committee; failure on the part of a participating
municipality to act within 90 days to amend said articles of cooperation
shall be deemed as termination of that municipality's participation
and membership in the Susquehanna County Council of Governments Sewage
Enforcement Committee and the actions, decisions and conduct of the
Committee.
The said municipality, in furtherance of the implementation
of this intermunicipal program, shall hereby name, constitute, and
appoint annually one elected official or other designated representative
of said municipality to serve as a member of the Committee, said appointment
to continue in full force and effect until such time as said municipality
withdraws from the program or until such time as said municipality
appoints a successor representative by official action at a regularly
scheduled meeting of the municipality.
The Township Supervisors of the Township of Bridgewater hereby
direct, authorize, and empower the Committee to establish a process
of appeal, including the appointment of members thereto as necessary,
to conduct hearings in the event of the denial or revocation of any
permit, in accordance with the provisions of the Act, for and on behalf
of this municipality.
All prior ordinances or parts thereof inconsistent with the
provisions of this article, the agreement entered into pursuant hereto,
or requirements legally adopted by the agency are hereby repealed.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
