[Ord. 233, 3/1/1993, § 1]
This Part is adopted in conformance with and pursuant to authority
granted by Section 1006 and 1202(34) of the Borough Code [53 P.S.
§ 46006 and 46202(34)], as amended, the Intergovernmental
Cooperation Law (53 P.S. § 481 et seq.), as amended, and
the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.), as amended, and hereinafter referred to as "the Act."
[Ord. 233, 3/1/1993, § 2]
To promote and protect the health, safety and welfare of its
citizens, Middleburg Borough shall and does hereby enter into, and
adopt Articles of Agreement of Cooperation, hereinafter referred to
as "the agreement," with other municipalities of Snyder County, providing
for the establishment and maintenance, under the Act, of a joint local
agency called the Snyder County Sewage Code Enforcement Committee,
hereinafter referred to as "the Committee." A copy of the agreement
is on file at the Borough office for inspection.
[Ord. 233, 3/1/1993, § 3]
The purposes and objectives of the agreement are to establish
and maintain a joint local agency, the Committee, which will administer
and enforce the provisions of the Act equally within each municipality
that is part of and included within the jurisdiction of the Committee.
[Ord. 233, 3/1/1993, § 4; as amended by Ord. 295,
11/8/2005]
The agreement shall provide for delegating and transferring
to the Committee all of the functions, powers and responsibilities
of Middleburg Borough provided for by the Act, which shall include,
but not be limited to, the following:
A.
Setting fee schedules for permits required by the Act.
B.
Employing certified sewage enforcement officers, a solicitor and
such other personnel as may be necessary and determining the amount
and method of compensation for them.
C.
Applying for and receiving reimbursement from the Pennsylvania Department
of Environmental Protection.
D.
Establishing
all necessary provisions and procedures for the issuance of permits,
the collection of fees, the enforcement of the Act (and the rules
and regulations pursuant thereto), the prosecution of violations and
the hearing of appeals from decisions of sewage enforcement officers.
E.
Participating as a party respondent to appeals taken from the decision
of the Committee pursuant to the Local Agency Law.
F.
Adopting rules, regulations and procedures not inconsistent with
the Act.
G.
Exercising all the powers and duties delegated to local agencies
under the Act.
[Ord. 233, 3/1/1993, § 5]
The manner and extent of financing the activities of the Committee
shall be determined by the Committee. The Committee shall attempt
as nearly as feasible to limit its expenditures to income received
from permit fees and reimbursements; however, the Committee shall,
annually, before the preparation of the budgets of the member municipalities,
specify the amount of funds, if any, in the form of membership fees,
that will be needed from each member municipality to finance any costs
not covered by permit fees and reimbursements, which amount shall
be approved by each member municipality, said costs to be prorated
among the member municipalities upon a population basis.
[Ord. 233, 3/1/1993, § 6]
The organizational structure of the Committee shall include,
but not be limited to, a governing body composed of one elected official
or other designated representative from each member municipality to
be chosen on an annual basis by each member municipality. The Committee
shall serve only member municipalities, and any municipality in Snyder
County may become a member of the Committee by proper ordinance adopting
the agreement.
[Ord. 233, 3/1/1993, § 7]
The manner in which the Committee shall acquire, manage, dispose
of, or license real or personal property shall be in accordance with
law and with provisions in the bylaws or rules of the Committee. Upon
termination of the Committee's existence, its remaining assets
shall be reimbursed equally to the member municipalities existing
at such time.
[Ord. 233, 3/1/1993, § 8]
The Committee shall be empowered to enter into contracts for
policies of group insurance and employee benefits, including Social
Security, for its employees.
[Ord. 233, 3/1/1993, § 9]
The agreement shall be perpetual unless terminated earlier by
approval of all member municipalities. Any member municipality may
withdraw from the agreement by enacting an ordinance to that effect;
however, a municipality withdrawing from membership prior to the termination
of the Committee's existence shall forfeit any right or claim
it may have in or to any Committee assets.
[Ord. 233, 3/1/1993, § 10]
Any person who shall violate or fail to comply with any rule
or regulation adopted by the Committee pursuant to the powers delegated
by this Part shall be guilty of a summary offense and shall be subject
to fines and penalties provided for in § 13 of the Act (35
P.S. § 750.13).
