Chapter 18 Sewers and Sewage Disposal Part 1 Mandatory Sewage Connection 18-101. Definitions 18-102. Use of Public Sewers Required 18-103. Building Sewers and Connections 18-104. Rules and Regulations Governing Building Sewers and Connections to Sewers 18-105. Enforcement A. Holding Tanks 18-201. Use and Maintenance B. Conventional Systems Part 2 On-Lot Systems 18-211. Permits for Individuals and Community Sewage Disposal System Part 3 Land Application of Sewage Sludge 18-301. Authorization 18-302. Definitions 18-303. Procedure 18-304. Standards 18-305. Determination by the Board of Supervisors 18-306. Sludge Disposal Area Map 18-307. Bonds 18-308. Insurance Part 4 Indiana County Sewage Enforcement Agency 18-401. Intergovernmental Cooperation Agreement 18-402. Agreement Provisions 18-403. Violations and Penalties 18-1
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18-101 Sewers and Sewage Disposal 18-101 Part 1 Mandatory Sewage Connection 18-101. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part shall be as follows: Authority the Tri-Community Water and Sewer Authority, a municipality authority incorporated pursuant to provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, of the Commonwealth. Building sewer the extension from the sewage drainage system of any structure to the lateral of a sewer. Commonwealth the Commonwealth of Pennsylvania. Improved property any property within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/ or industrial wastes shall be or may be discharged. Industrial establishment any improved property located within this Township and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering, or assembling of any product, commodity, or article, or any other improved property located in this Township from which wastes, in addition to or other than sanitary sewage, shall be discharged. Industrial wastes any and all wastes discharged from any industrial establishment, other than sanitary sewage. Lateral that part of the sewer system extending from a sewer to the curb line or, if no such lateral shall be provided, then lateral shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer. Owner any person vested with ownership, legal or equitable, sole or partial, of any improved property. Person any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority, or other group or entity. Sanitary sewage normal water-carried household and toilet wastes from any improved property. Sewer any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes. Sewer system all facilities, as of any particular time, for collecting, pumping, transmitting, treating, and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to the incorporating municipalities of the Authority, including this Township, and owned by the Authority. Street shall include any street, road, lane, court, cul-de-sac, alley, public way, or public square. Township the Township of West Wheatfield, Indiana County, Commonwealth 18-3
18-101 Township of West Wheatfield 18-103 of Pennsylvania, a township of the second class of the Commonwealth of Pennsylvania acting by and through its Board of Supervisors or, in specific instances, granted to the Authority to act as an authorized representative of the Township on its behalf. [Ord. O-01-2-91] (Ord. O-84-3, 2/4/1984, 1; as amended by Ord. O-01-2-91, 2/10/1992) 18-102. Use of Public Sewers Required. 1. The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with and shall use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time. 2. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under subsection.1, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time. 3. No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of subsection.1. No person shall discharge or shall permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of subsection.1, except where suitable treatment has been provided which is satisfactory to this Township. 4. No privy vault, cesspool, sinkhole, septic tank, or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under subsection.1 to be connected to a sewer. 5. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. 6. The notice by this Township to make a connection to a sewer, referred to in subsection.1, shall consist of a copy of this Part including, any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law. (Ord. O-84-3, 2/4/1984, 2) 18-103. Building Sewers and Connections. 1. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer 18-4
18-103 Sewers and Sewage Disposal 18-103 system without first obtaining a permit, in writing, from this Township. 2. Application for a permit required under subsection.1 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner. 3. No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions: A. Such person shall have notified the secretary of this Township of the desire and intention to connect such improved property to a sewer. B. Such person shall have applied for and shall have obtained a permit as required by subsection.1. C. Such person shall have given the secretary of this Township at least 24 hours notice of the time when such connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing. D. If applicable, such person shall have furnished satisfactory evidence to the Secretary of this Township that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid. 4. Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to such rules, regulations, and conditions as may be prescribed by this Township. 5. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. 6. A building sewer shall be connected to a sewer at the place designated by this Township or by the Authority and where, if applicable, the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight. 7. If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days notice from this Township, in accordance with 18-102.1, shall fail to connect such improved property, as required, this Township may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law. (Ord. O-84-3, 2/4/1984, 3) 18-5
18-104 Township of West Wheatfield 18-105 18-104. Rules and Regulations Governing Building Sewers and Connections to Sewers. 1. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer. 2. No building sewer shall be covered until it has been inspected and approved by this Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a sewer. 3. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. 4. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township. 5. If any person shall fail or shall refuse, upon receipt of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, this Township or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township and the Authority. 6. This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Part. (Ord. O-84-3, 2/4/1984, 4) 18-105. Enforcement. Any person, firm, or corporation who shall violate any provision of the Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. (Ord. O-84-3, 2/4/1984, 5; as amended by Ord. 02-08, 9/8/2008) 18-6
18-201 Sewers and Sewage Disposal 18-201 Part 2 On-Lot Systems A. Holding Tanks 18-201. Use and Maintenance. 1. Holding tank permit must meet the following conditions: A. Meet the planning provisions of Chapter 71.63, subsections (C), (D), and (E), of the Sewage Facilities Act. B. Meet the technical standards for construction of Chapters 73.31 and 73.62 of the Sewage Facilities Act. C. Meet compliance with all applicable Municipal, County, or State laws, rules, regulations and appropriate revisions thereof. 2. The permittee agrees to the following conditions: A. To construct the holding tank in compliance with the technical standards of the Sewage Facilities Act. B. To maintain the holding tank in conformance with this Part, provisions of any applicable law, and any applicable rules and regulations of the Commonwealth of Pennsylvania. C. To collect, transport, and dispose of the contents only at such sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania. [Ord. 02-08] D. To have a written contract with a licensed hauler and to retain pumping receipts. E. To permit the municipality and its appropriate agents to inspect on an annual basis and to pay the designated inspector fee. F. To reimburse the municipality for any costs incurred in pumping, should the tank not be properly maintained and it be deemed necessary by the municipal inspector to pump to avert a public nuisance. 3. The municipality agrees to take all necessary steps to see that compliance with this Part is achieved and that public nuisances are averted. It also agrees to take all available legal and administrative enforcement actions toward violators of this Part. (Res. R-01-02-91, 2/11/1991; as amended by Ord. 02-08, 9/8/2008) 18-7
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18-211 Sewers and Sewage Disposal 18-211 B. Conventional Systems 18-211. Permits for Individuals and Community Sewage Disposal System. No person shall install an individual or community sewage disposal system, or construct any building in West Wheatfield Township, Indiana County, Pennsylvania, in which an individual or community sewage disposal system is to be installed or replaced without first obtaining a permit indicating that the site, plans, and specifications of such system are in compliance with Act 537, P.L. 1535, 1965 Session, and the rules and regulations adopted pursuant to said Act. No parcel of land shall be excluded from the provisions of this Part because of its size. A fee, to be set each year, shall be paid to the Township administration officer at the time of making application for an individual or community disposal system. (Ord. O-68-1, 2/5/1968) 18-9
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18-301 Sewers and Sewage Disposal 18-303 Part 3 Land Application of Sewage Sludge 18-301. Authorization. 1. This Part is enacted pursuant to the authority granted to West Wheatfield Township by the legislature of the Commonwealth of Pennsylvania in the following duly enacted Statutes: A. The Sections of the Second Class Township Code, Act of May 1, 1933, P.L. 103, authorizing the Township to enact ordinances dealing with the protection of the health of the Township residents, refuse materials, nuisances and public safety, 53 P.S. 65708, 65712, 65729, and 65747, as amended. B. The applicable provisions of the Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, codified in Purdons Consolidated Statutes of the Commonwealth of Pennsylvania at 35 P.S. 6018.101 et seq., as amended. (Ord. O-84-7, 12/1/1984, 1) 18-302. Definitions. Disposal the discharge, deposit, injection, dumping, spilling, leaking or placing of any sewage sludge from a municipal or private treatment plant into or on any land in the Township; provided that the spreading of poultry and livestock manure generated from conventional agricultural activities on crop land or farm land for agricultural purposes shall not be included within this term and such activity shall not be regulated by this Part. Township whenever used in this Part, the term Township shall refer to West Wheatfield Township. Sewage sludge as defined in Chapter 75, Page 3, of the Pennsylvania Department of Environmental Protection, Solid Waste Management Rules and Regulations, i.e., The Coarse Screenings, Grit and Dewatered or Air Dryed Sludges, Septic Tanks and Holdings Tank Pumping and other Residues from Sewage Collection and Treatment Systems which Require Disposal. [Ord. 02-08] (Ord. O-84-7, 12/1/1984, 2; as amended by Ord. 02-08, 9/8/2008) 18-303. Procedure. Any person, association, company, or entity wishing to apply, dispose, spread, or deposit municipal or private sewage sludge or private residential septic tank pumpings on any lands or property within the Township shall first submit an application to the Township containing the following information: A. A copy of its application to the Department of Environmental Protection (DEP) for a permit. [Ord. 02-08] B. Copies of any and all materials, documents, or drawings submitted with said application to DEP. [Ord. 02-08] C. A description of the proposed application program including the sources of the sludge and how it is to be transported to the site, a time table for application, 18-11
18-303 Township of West Wheatfield 18-303 a description of any storage operations, the proposed utilization rate, the total acreage involved and the useful life of the proposed site. D. Topographical drawing, prepared by a registered engineer, to a scale no greater than 1 inch to 200 feet showing: (1) Location of the site relative to public roads. (2) Identity of owners of adjacent properties. (3) Boundaries of the area to be used for land application. (4) Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water, within ¼ of 1 mile of the boundaries of the proposed land application site. (5) Soil classifications of the land application area. (6) Vegetation. E. A soils and geologic report indicating the physical characteristics of the site with respect to its suitability for application of sludge. The report shall be based on available soil survey and geologic data, and accompanied by field test analysis. Field tests shall include: (1) Soil borings by a soil scientist to confirm actual soil profile characteristics are consistent with published soil survey data. (2) Groundwater monitoring well shall be established to test water quality prior to, during, and after the application program. Groundwater composition shall be included in the application, along with subsequent quarterly monitoring during the application program. The location of the monitoring well shall be approved by the Township Engineer prior to drilling. In the event that groundwater is found to flow in several directions, a monitor well for each direction shall be required. F. A chemical analysis of the sludge from each proposed source. The analysis shall be done by an independent laboratory approved by the Township and shall involve a minimum of four samples. The analysis shall include, the following items: (1) Total moisture content. (2) Percent total nitrogen (wet and dry weight). (3) Percent ammonia nitrogen (wet and dry weight). (4) Percent organic nitrogen (wet and dry weight). (5) Biochemical oxygen demand. (6) ph. (7) Percent on a dry weight basis of cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury, molydnum and other toxic substances and enteric pathogens. G. For all applications, there shall be an application fee accompanying an application as may be determined from time to time by the Board of Supervisors and shall be in such amounts and paid in such manner as may be established from time to time by resolution of the Board of Supervisors. [Ord. 02-08] H. A copy of the agreement between the generator of the sludge or the hauler and applicator and the landowner showing provisions as to the term of the 18-12
18-303 Sewers and Sewage Disposal 18-304 agreement, the operation to be carried out in spreading sludge, and the keeping of records. I. Where the proposed applications of sludge involves a leasehold arrangement between the owner of the property and the party applying the sludge, a land development plan shall be prepared and filed in accordance with the provisions of the Pennsylvania Municipalities Planning Code. (Ord. O-84-7, 12/1/1984, 3; as amended by Ord. 02-08, 9/8/2008) 18-304. Standards. The standards for application of sludge to the land shall be in accordance with the currently adopted standards of the Pennsylvania Department of Environmental Protection as set forth in Chapter 75, Title 25, Rules and Regulations, Department of Environmental Protection, except that the following additional requirements shall be imposed. [Ord. 02-08] A. Area. No site shall be approved which contains less than 10 contiguous acres. B. Setback Requirements. Sludge shall not be applied within 500 feet of a stream, water supplies, 50 feet of property lines and 300 feet of occupied dwellings. C. Slope Concentrations. Application shall not take place on the slopes exceeding 15 percent. D. Testing. Chemical analysis and laboratory testing of the sludge from each source may be required by the Township at applicant s expense by an independent laboratory selected or approved by the Township Supervisors to insure sludge content remains within the limits established by the Pennsylvania Department of Environmental Protection, but shall include a minimum of four samples a year as part of the monitoring program. [Ord. 02-08] E. Soil Coverage. Waste materials so applied to the land shall be one injected under the surface of the soil or, if spread on the surface, shall be plowed under within 24 hours. F. Soil Analysis. The soil analysis at applicant s expense and performed by an independent laboratory selected and approved by the Township shall be performed semi-annually and results shall be provided immediately to the Township. G. Waste Material Storage. Waste materials shall be applied to the land immediately upon delivery to the site and shall not under any circumstance be stored upon the site for any purposes or for any period of time. H. Waste Accumulations. Any ponding or standing accumulations of said waste materials is expressly prohibited. I. Weather Conditions. Waste materials are not to be applied when the ground is saturated, snow covered, frozen, or during periods of rain. J. Sources of Sewage Sludge. No sewage sludge shall be permitted to be applied anywhere within the Township unless its source is from a municipal or private treatment facility located within Indiana County, Pennsylvania. K. Septic System Wastes. No dumpings from septic tank systems shall be 18-13
18-304 Township of West Wheatfield 18-307 permitted anywhere within the Township unless its source is from a private residential septic system located within the Township. L. Records. The applicant shall maintain records of quantities, dates, sources and location of the above described waste and shall furnish copies of said records to the Township upon request. [Ord. 02-08] (Ord. O-84-7, 12/1/1984, 4; as amended by Ord. 02-08, 9/8/2008) 18-305. Determination by the Board of Supervisors. 1. The Board of Supervisors shall, within 90 days following the full submission of the application, render a final decision and shall be official written communication to the applicant, either: A. Approve the application as presented. B. Disapprove the application as presented. C. Approve the application subject to specified conditions, the failure to comply with which shall provide grounds for revocation of such approval. 2. Within said 90 day period, the Board of Supervisors may, in their discretion, schedule a public hearing pursuant to public notice for the purposes of reviewing said application and receiving the comments of the public. (Ord. O-84-7, 12/1/1984, 5) 18-306. Sludge Disposal Area Map. Any land within the Township which has been used for the purposes herein above discussed, shall be designated on a map which shall be shown as the West Wheatfield Township Disposal Area Map, which shall be available for inspection through the Secretary of the Board of Supervisors. Any property owner whose land has been used as herein above discussed, shall not at any time sell, transfer, convey, or otherwise dispose of his/her said property, without first informing any proposed purchaser, lessee, assignee, or grantee, that his/her said land has been used for such purposes. (Ord. O-84-7, 12/1/1984, 6) 18-307. Bonds. 1. Performance Bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this Part are fully performed, sufficient surety for such performance shall be posted by an applicant before issuing any permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township Engineer, of performing the various tests and duties imposed upon him by this Part over the expected useful life of the site plus 5 years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Township Solicitor to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above in the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow 18-14
18-307 Sewers and Sewage Disposal 18-308 agreement prepared and approved by the Township Solicitor. The escrow agent for the deposit of such cash or security shall be located in Indiana County and shall be subject to approval by the Township Supervisor. 2. Indemnification. In addition to the foregoing requirements, all applicants for permits to utilize sludge upon property within the Township of West Wheatfield shall, prior to the issuance of any permit for sludge application and/or storage, deliver to the Township a liability indemnification with bond, good for the useful life of the proposed site plus 5 years, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant, individually and with surety, specifically agrees to fully indemnify and hold harmless the Township and all of its officers, agents and employees from any and all liability, expense, or damages whatsoever and litigation defense costs accruing to any of the same as a result of any use or any land in the Township pursuant to the provisions hereof. The amount of the indemnification bond shall be equal to the costs of removal and/or clean up of any site and any engineering or legal fees pertaining thereto as estimated by the Township Engineer and Township Solicitor at the time of issuance of any permit plus 15 percent per year thereof for the useful life of the site plus 5 years. (Ord. O-84-7, 12/1/1984, 7) 18-308. Insurance. The Board of Supervisors shall require the applicant to submit to the Township an insurance policy covering liability for any harm to persons and/or damage to properties resulting from the aforesaid activities. Said insurance policy shall be in full force and effect for the entire duration of the above operations and for at least 2 years following the termination of said operations. The amount of said insurance coverage shall be specified by the Board of Supervisors based upon their judgment as to the potential for harm or damage. (Ord. O-84-7, 12/1/1984, 8) 18-15
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18-401 Sewers and Sewage Disposal 18-402 Part 4 Indiana County Sewage Enforcement Agency 18-401. Intergovernmental Cooperation Agreement. Pursuant to the provisions of the Intergovernmental Cooperation Law, Act 180, approved July 12, 1972, the Township of West Wheatfield (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 Indiana County as may ordain to do so, providing for the establishment and maintenance of a joint local agency as authorized by 58 of the Sewage Facilities Act, Act No. 537, January 24, 1966, (hereinafter Act ) to be known as the Indiana County Sewage Enforcement Agency (hereinafter agency ). (Ord. O-75-1, 8/2/1975, 1) 18-402. Agreement Provisions. The agreement shall provide, inter alia: A. For the delegating and transferring to the agency of all functions, powers and/or responsibilities of the Township, 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. (3) Applying for and receiving reimbursement from the Pennsylvania Department of Environmental Protection. [Ord. 02-08] (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 officers, and appearing as a party respondent to appeals taken from the decision of the local agency pursuant to the Local Agency Law. (5) Adopting rules and regulations and procedures not inconsistent with the Sewage Facilities Act or the rules and regulation 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. (6) Exercising all the powers and duties delegated to local agencies by 7 and 8 of the Act. 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 part of and included within the jurisdiction of the agency 18-17
18-402 Township of West Wheatfield 18-403 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 reimbursements, 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 consist of five representatives from participating Townships and two representatives from participating Boroughs, elected by the Townships and Boroughs participating, respectively. 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 may become participating members of the agency by proper ordinance adopting the agreement. H. That the agreement is perpetual. In the event one of the agreed parties or the agency wishes to terminate this agreement, said party shall terminate this agreement by giving written notice prior to September 1, of the preceding year of termination. I. That the agreement of Cooperation may be amended, or terminated, as in subsection.h, by ordinance by a vote of two-thirds of the participating members. (Ord. O-75-1, 8/2/1975, 2; as amended by Ord. 02-08, 9/8/2008) 18-403. Violations and Penalties. Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine anc costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. (Ord. O-75-1, 8/2/1975, 4; as amended by Ord. 02-08, 9/8/2008) 18-18