(A) The participation in the Agency by the governing body shall begin on the effective date of this subchapter, 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 Agency through the repeal of this subchapter.
(1) During the intervals between receipt of written notice pursuant to division (B) above and the actual date of withdrawal, the Agency 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 Agency 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.
(4) The repeal of this subchapter shall take place five days after the adoption or enactment of any repealing ordinance; however, it shall be effective no less than 90 days following notice described in division (B)(1) above.
(C) After the effective date of this subchapter, any municipality may choose to become a member by adopting this subchapter 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 Agency for completion by the Agency’s SEO. The new member will pay to the Agency any monies 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 he or 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 Agency SEO. The member shall pay to the Agency any monies 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 or her certification to avoid prosecution, then the Agency shall, in its sole discretion, evaluate the outstanding permits and may require testing and/or system redesign by the Agency employees, the costs of which shall be borne by the member on behalf of the permittee. Nothing in this division (C)(4) shall prohibit the member from recovering any paid but unearned compensation or wages from the prior SEO. Nothing in this division (C)(4) 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 subchapter in whole or in part, no changes shall become effective and no new or altered obligation or duty shall be placed upon the Agency, and no change in the terms of this subchapter shall become effective until such time as every participating municipality shall have adopted an identical amendatory ordinance or duly adopted resolution.
(Ord. 685, passed 2-22-2012)