[Adopted 9-6-1994 by Ord. No. 1994-4]
[Amended 10-2-2001 by Ord. No. 2001-1]
Pursuant to 53 P.S. § 2301 et seq.
(the Intergovernmental Cooperation Law), the Township of Dallas (hereinafter
referred to as the "municipality") shall and does hereby enter into
and adopt an agreement of cooperation (hereinafter "agreement") with
the municipalities of the Borough of Dallas and Township of Kingston,
Luzerne County, providing for the appointment and designation of the
Dallas Area Municipal Authority, a municipal authority presently organized
and existing under the laws of Pennsylvania, as authorized by § 8
of the Sewage Facilities Act, Act No. 537, January 24, 1966 (P.L.
1535), (hereinafter "Act"),[1] to be known as the Dallas Area Municipal Authority (Sewage
Facilities Agency Division) (hereinafter "Authority").
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
The agreement shall provide:
A.
For the delegating and transferring to the Authority
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)
Setting fee schedules for processing permit applications
and issuing permits.
(2)
Employing certified sewage enforcement officers and
such other employees or personnel, as may be necessary, and determining
the amount and method of compensation for them and, further, maintaining
offices, equipment and supplies as may be necessary.
(3)
Applying for and receiving reimbursement from the
Pennsylvania Department of Environmental Protection.
(4)
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
officer and appearing as a party respondent to appeals taken from
the decision of the local agency pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
(5)
Adopting rules and regulations and procedures not
inconsistent with the Sewage Facilities Act 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.
B.
The purposes and objectives of the agreement are to
delegate and transfer to the Dallas Area Municipal Authority which
will equally administer and enforce the provisions of the Act within
each municipality that is part of and included within the agreement
of cooperation.
C.
The manner and extent of financing the activities
of the Authority shall be determined by the Authority 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 Authority
shall attempt, as nearly as is feasible, to limit its expenditures
to income received from fees and reimbursements.
D.
If it becomes necessary, the Authority shall bill
the member municipalities the direct cost of the Authority for all
services, including, but not limited to, investigation of complaints,
enforcement procedures under the Sewage Facilities Act, attendance
at meetings, appearances at court and administrative agency proceedings,
cost of operation of administration services, and legal and accounting
fees.
E.
The Authority shall serve only those municipalities
participating therein.
F.
Nonmember municipalities may become participants in
the services of the Authority by proper ordinance and the entering
into a proper service agreement with the Authority, at the sole discretion
of the Authority and the present member municipalities.
G.
The agreement of cooperation may be amended or terminated
by ordinance of all participating members and the resolution of the
Authority.
Any person, who shall violate or fail to comply with any rule or regulation adopted by the Authority pursuant to the powers delegated in § 11-4 hereof shall be guilty of a summary offense and shall be subject to the same fines and penalties as are provided for in § 13 of the Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
