The Board of Supervisors of the Township of Richland, Cambria County, Pennsylvania, finds it desirable to enact this article to:
[HISTORY: Adopted by the Board of Supervisors of the Township of Richland as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-18-1999 by Ord. No. 268]
The following words or phrases, when used in this article, shall have the meanings indicated:
The Pennsylvania Sewage Facilities Act, Act 537 of 1966 (35 P.S. § 750.1 et seq.), as amended, or as it may be amended from time to time.
[1]The governing body of the Committee through which all policy-making powers granted to the Committee are exercised.
Regulations adopted pursuant to the Act and more specifically identified as Pennsylvania Code, Title 25, Environmental Resources.
The Cambria County Sanitation Committee, the entity created by this article.
The Pennsylvania Department of Environmental Protection.
The Board of Supervisors of the Township of Richland, Cambria County, Pennsylvania.
The Cambria County Sanitation Committee, the entity created by the adoption of this article (the "Committee").
Richland Township, Cambria County, Pennsylvania.
The governing body hereby:
A.
Creates, constitutes and establishes the Sanitation Committee for the purposes described above.
B.
As soon as possible, but not later than 30 days after the adoption of this article, every member shall, by action of its governing body, appoint a representative and, at its option, may also appoint an alternate representative to the Board. Each representative and alternate shall be an individual who must be:
C.
Conveys to the Sanitation Committee the enforcement and administration of all three aspects of the Act and regulations.
D.
Directs the Board to at all times act in a manner consistent with the Act and regulations and the additional provisions in this article.
E.
Authorizes and directs the Sanitation Committee to act on behalf of the governing body through the appointed officers/Board to issue, deny or revoke permits, conduct inspections, abate nuisances and health hazards arising from malfunctioning on-lot disposal systems, conduct hearings, prosecute violators and apply for operating grants from the Department or any other entity.
F.
Directs the Board to establish, and, further, pledges to pay in a timely manner, initial and annual membership fees adequate to provide the Sanitation Committee with liquid fiscal resources to establish itself and continue to operate while awaiting receipt of reimbursement grants from the Department of Environmental Protection.
In addition to the powers and duties enumerated above, the Sanitation Committee shall:
A.
Prepare and adopt bylaws that:
(1)
Define the method by which (future) Committee representatives will be appointed.
(2)
Set forth the method by which the Committee will conduct business.
(3)
Establish a quorum for the conduct of business.
(4)
Establish meeting times and dates.
(5)
Define the manner in which vacancies will be filled.
(6)
Create any necessary subcommittees.
(7)
Establish fees for the various permits and services performed by the Committee or its staff.
(8)
Create a Hearing Board to conduct hearings regarding permit denials and other SEO actions.
B.
Prepare and adopt an annual budget.
C.
Prepare an annual application to obtain a reimbursement grant from the Department.
D.
Prepare and submit annual reports to participating municipalities.
E.
Hire, fire, promote and discipline personnel necessary to conduct the business of the Committee and set their rates of compensation.
G.
Create an employees' manual containing job descriptions, qualifications for employment and pay scales.
H.
Secure, by contract or other arrangement, legal counsel and the services of other professionals as may be necessary or desirable to advance the work of the Committee.
A.
The participation in the Committee by the governing body shall begin on the effective date of this article and shall continue for a period of at least two years. Such participation shall include the fulfillment of all responsibilities, including payment of assessments, costs, fees and expenses.
B.
After the expiration of the aforesaid two-year period, the governing body may, upon 90 days' written notice to the Board, withdraw from the Committee through the repeal of this article.
(1)
During the intervals between receipt of written notice pursuant to Subsection B and the actual date of withdrawal, the Committee shall not accept, process or otherwise act upon new applications for on-lot sewage disposal systems in the municipality which has served notice of intent to withdraw.
(2)
The Committee shall notify interested parties and applicants of the impending change of administration and will, to the best of its ability, refer interested parties to the succeeding SEO/MMLA.
(3)
All applications in progress when notice of intent to withdraw is received shall be advanced through issuance/denial in a timely manner and, in all cases, before the withdrawal becomes effective.
C.
After the effective date of this article, any municipality may choose to become a member by adopting this article in full.
(1)
All work on an application for an on-lot sewage disposal system permit then in progress where site testing has not been completed or a design has been submitted but a permit has not been issued shall be turned over to the Committee for completion by the Committee's SEO. The new member will pay to the Committee any moneys received from the permittee and/or the commonwealth or any entity relative to any such applications for on-lot sewage disposal systems. The permittee shall be responsible for all fees and costs associated with the completion of the application which the permittee has not already paid or which have not been paid on the permittee's behalf.
(2)
In the event that a system is installed using a valid permit issued by a prior SEO, and in the event that the prior SEO has been compensated for the installation inspection portion of the application permitting process, the issuing SEO shall be responsible for the installation inspection, provided that he/she is a currently certified SEO.
(3)
In the event that a system is installed using a valid permit issued by a prior SEO, and the issuing SEO is no longer a certified SEO by reason of retirement from the activities of SEO, then the matter shall be turned over to the Committee's SEO. The member shall pay to the Committee any moneys received from the permittee and/or the commonwealth or any entity relative to such permit. The permittee shall be responsible for all fees and costs associated with the permit and/or completion of the system which the permittee has not already paid or which have not been paid on the permittee's behalf.
(4)
In the event that a permit was issued by a prior SEO and the issuing SEO is no longer a certified SEO, by reason of a certification revocation action by the Department of Environmental Protection or the voluntary surrender of his certification to avoid prosecution, then the Committee shall, in its sole discretion, evaluate the outstanding permits and may require testing and/or system redesign by the Committee's employees, the costs of which shall be borne by the member on behalf of the permittee.
(5)
Nothing in this subsection shall prohibit the member from recovering any paid but unearned compensation or wages from the prior SEO.
(6)
Nothing in this subsection shall prohibit the member from recovering the costs of retesting or redesign when the actions of the former SEO were contrary to the Act or regulations.
D.
In the event that it becomes necessary to change this article in whole or in part, no changes shall become effective and no new or altered obligation or duty shall be placed upon the Committee, and no change in the terms of this article shall become effective, until such time as every participating municipality shall have adopted an identical amendatory ordinance or duly adopted resolution.