[26 Pa.B. 1491]
[Continued from previous Web Page]
Subchapter D. OFFICIAL PLAN REQUIREMENTS FOR ALTERNATIVE EVALUATIONS § 71.62. Individual and community onlot sewage systems.
* * * * * (b) When an official plan or revision proposes the renovation of sewage effluent by means of a subsurface absorption area or a spray irrigation system, the following shall be provided:
(1) Anticipated raw waste characteristics of the sewage. Where industrial wastes as defined in the Clean Streams Law are expected to be present in the raw sewage, § 72.25[(f)](g)(2) (relating to issuance of permits) applies.
(2) Documentation that the soils and geology of the proposed site are generally suitable for the installation of the systems including:
* * * * * (iii) Soil profiles as described in Chapter 73 (relating to standards for onlot sewage [disposal] treatment facilities) shall be performed to insure that an adequate area with suitable soils is available in the area of the proposed system. These profiles shall be approximately equally distributed among the various soils mapped in the area. For the purpose of this section, each change of slope or change in erosion characteristic specified as part of the soil classification system of the United States Soil Conservation Service will be equivalent to a change in soil type.
* * * * * (c) This chapter does not preclude the use of individual and community onlot sewage systems using subsurface soil absorption areas on lots less than 1 acre in size or the use of large volume onlot sewage systems. Because of the potential for the creation of a public health hazard or pollution of the waters of this Commonwealth from high density use, improper system siting or inadequate maintenance of individual and community onlot systems, particular attention shall be given in official plans and revisions to the technical and institutional feasibility of using the systems.
(1) Additional permeability testing is required when an official plan or revision proposes the use of a large volume onlot sewage system or a community onlot system with a sewage flow in excess of 10,000 gallons per day [or less], and may be required for other onlot system proposals where the total absorption area is greater than 5,000 square feet or where soil profiles or geology reveal slowly permeable conditions below the depth at which the percolation test was performed. Sufficient testing shall be conducted to:
* * * * * (2) A preliminary hydrogeologic evaluation is required when the use of subsurface soil absorption areas is proposed and one of the following exists:
* * * * * (ii) A subdivision of more than 50 equivalent dwelling units with a density of more than one [lot including] equivalent dwelling [units] unit per acre is proposed.
* * * * * § 71.63. Retaining tanks.
* * * * * (b) General requirements for retaining tank use are as follows:
* * * * * (3) A municipality, sewer authority or sewage management agency may delegate or contract for the collection and disposal of the contents of the retaining [tanks' contents] tanks except that the ultimate responsibility for the proper collection and disposal of the contents shall remain with the municipality, authority or agency.
* * * * * (e) The restrictions in subsections (c)(1) and (2) do not apply to holding tanks when the use is for [an institutional] institutions, recreational vehicle dump stations or commercial [establishment] establishments with a sewage flow of 400 gallons per day or less.
(f) A privy [or chemical toilet] is designed to receive sewage where there is no water under pressure and no piped wastewater. Privies shall be used in lieu of other methods of sewage disposal only when the following conditions are met:
(1) The applicable official plan or the revision thereto indicates the use of privies for that lot and documents that soil and site suitability testing of that lot under §§ 73.11--73.16 has been conducted, and the site meets the requirements for the ultimate sewage disposal by one of the systems described under §§ 73.51--73.55 (relating to construction of absorption areas) to assure that adequate sewage facilities will be available if water under pressure [or], piped water or piped wastewater becomes available to that lot in the future.
(2) The municipality, sewer authority or other Department approved entity with jurisdiction or responsibility over the site has by suitable ordinance, regulation or restriction assumed responsibility for the removal of a privy and the installation of an approved onlot sewage disposal system when water under pressure [or], piped water or piped wastewater is provided to the lot.
(g) The restrictions in subsection (f) do not apply[:
(1) To] to a privy [or chemical toilet] when proposed for use on an isolated lot which is 1 acre or larger and is not served [now] currently and will not be served in the future by water under pressure [or], piped water or piped wastewater.
[(2) To temporary use of portable retention tanks or portable chemical toilets when their use is proposed at construction sites or at the site of public gathering and entertainments.]
§ 71.64. Small flow treatment facilities.
* * * * * (b) Small flow treatment facilities are restricted to use as a replacement or repair system which the Department determines is necessary to abate an existing nuisance or public health hazard or as a system to serve residential dwellings or commercial facilities which generate domestic wastewater not containing industrial waste.
(c) When an official plan or update revision proposes the use of small flow treatment facilities, the official plan or revision shall, as a minimum, contain the following, in addition to the requirements of Subchapters B and C (relating to official plan requirements; and new land development plan revisions):
* * * * * (6) An evaluation that establishes specific responsibilities for operation and maintenance of the proposed system which [may] shall include [the requirements of Subchapter E (relating to sewage management programs). When small flow treatment facilities are proposed as an alternative to serve an established needs area, the requirements of Subchapter E shall be met.] Documentation that one or a combination of the following operation and maintenance requirements have been established or approved in writing by the municipality:
(i) A maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(ii) A maintenance agreement between the property owner and municipality or its designated local agency which establishes the property owner's responsibility for operating and maintaining the system and the responsibility of the municipality or local agency for oversight of the system.
(iii) A municipal ordinance which requires that the small flow treatment facilities be operated and maintained through a maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(iv) Municipal ownership of the system.
(v) Inclusion of the system under a sewage management agency developed in accordance with § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies) operated by the municipality.
(vi) A properly chartered association, trust or other private entity which is structured to manage the system.
(7) Establishment of bonding, escrow or other security prior to planning approval. The bonding, escrow or other security shall be forfeited to the municipality upon notice of continuing noncompliance of the system with the operation, maintenance and monitoring standards contained in the Department's ''Design Guidelines for Small Flow Sewage Treatment Facilities'' or noncompliance with the municipal assurances for management of the operation and maintenance requirements established through this section. The municipality shall use the forfeited security to cover the costs of repair or future operation and maintenance of the system over its design life. The bonding, escrow or other security shall be for an amount up to a maximum of 50% for each of the first 2 years of operation and no more than 10% each year thereafter of the equipment and installation cost of the system.
[(7)] (8) ***
[(8)] (9) ***
* * * * *
Subchapter E. SEWAGE MANAGEMENT PROGRAMS § 71.72. Sewage management programs for Department permitted sewage facilities.
(a) When an official plan or revision to an official plan for existing needs areas or new land development proposes the construction of Department permitted nonmunicipal sewage facilities, (except for small flow treatment facilities which shall comply with the management provisions of § 71.64(c)(6)) (relating to small flow treatment facilities) the official plan or revision shall evaluate the options available to assure the long-term proper operation and maintenance of the proposed sewage facilities. The municipality, prior to adoption of that official plan or revision, shall require one or more of the [following] bonding options and one or more of the sewage management options described in both subsections (b) and (c).
(b) Bonding options.
* * * * * (2) A bond or escrow account sufficient to cover the costs of future operation and maintenance of the sewage facilities under local ordinances. Bonding, escrow or other security shall be forfeited to the municipality upon notice by the Department of continuing noncompliance of the system with the operation and maintenance standards established through a condition in the permit issued by the Department. The municipality shall use the forfeited security to cover the costs of repair or future operation and maintenance of the system over its design life or until the system is in compliance and being properly operated and maintained. The bonding, escrow or other security shall be for an amount up to a maximum of 50% for each of the first 2 years of operation and no more than 10% each year thereafter of the equipment and installation cost of the system.
(c) Sewage management options.
(1) A maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(2) A maintenance agreement between the property owner and municipality or its designated local agency which establishes the property owner's responsibility for operating and maintaining the system and the responsibility of the municipality or local agency for oversight of the system.
(3) A municipal ordinance which requires the system to be operated and maintained through a maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
[(3)] (4) ***
[(4)] (5) ***
[(5)] (6) ***
[(6)] (7) ***
[(7) One] (8) Bonding as described in subsection (b) and one or a combination of the requirements in paragraphs (1)--[(6)](7) or other actions permitted by and consistent with the act and the Clean Streams Law found necessary by the Department to insure proper installation, maintenance and operation of the proposed sewage facilities.
§ 71.73. Sewage management programs for sewage facilities permitted by local agencies.
* * * * * (b) When an official plan or official plan revision shows, or the Department determines, that existing sewage facilities permitted by the local agency need periodic inspection, operation or maintenance to provide long-term proper operation, or are not properly functioning because of inadequate operation and maintenance, the municipality shall revise its official plan to establish a sewage management program for these types of facilities. The update revision shall include the following as a minimum:
* * * * * (2) Standards consistent with section 8(b)(9) of the act (35 P. S. § 750.8(b)(9)) for operation, maintenance, repair or replacement of sewage facilities which include:
(i) Removal of septage or other solids from treatment tanks once every 3 years or whenever an inspection program reveals that the treatment tanks are filled with solids in excess of 1/3 of the liquid depth of the tank or with scum in excess of 1/3 of the liquid depth of the tank.
* * * * * (iv) Requirements for the operation and maintenance of electrical, mechanical and chemical components of the sewage facilities; collection and conveyance piping, pressure lines and manholes; alarm and flow recorded devices; pumps; disinfection equipment and related safety items.
* * * * * (c) When the official plan update identifies a local agency as the entity responsible for administering a municipal sewage management program and when the local agency identified in the official plan update agrees to administer the program, the local agency is eligible for reimbursement of eligible costs for administrative and personnel expenditures to implement sewage management programs under § 72.44 (relating to reimbursement).
(d) When the official plan identifies the municipality as the entity responsible for administering a municipal sewage management program and when that municipality's onlot system permitting program is administered by a multimunicipal local agency or a county or joint county department of health, the municipality is eligible for reimbursement of eligible costs for the administration and personnel expenditures to implement a sewage management program where these costs are billed to the local agency under § 72.44.
§ 71.75. Private request to require a sewage management program.
A person who is a resident or a legal or equitable property owner in a municipality may [request] file a private request with the Department requesting that the Department [to] order [that] the municipality to revise its official sewage plan under § 71.14 (relating to private request to revise official plans) when the resident or property owner can show one of the following:
* * * * *
Subchapter F. FEES § 71.81. General requirements.
Delegated agencies and the Department may charge fees for the review of sewage facilities planning modules for new land development.
§ 71.82. Delegated agency fees.
Delegated agencies shall establish fees for the review of sewage facilities planning modules for new land development in fee schedules formally adopted by the delegated agency and available to the public. Fees may be charged for each review of a planning module.
§ 71.83. Department fees.
(a) Fees charged by the Department for the review of sewage facilities planning modules for new land development shall be in accordance with section 10(12) of the act (35 P. S. § 750.10(12)) and will be shown on and be specific to each type of planning module component.
(b) A subsequent submission following a planning module denial shall be considered a new submission for the purpose of fee assessment. Denial of a planning module does not include the planning module completeness review procedure.
(c) Fees may not be charged for activities relating to determinations by the Department under § 71.51(b) (relating to general).
CHAPTER 72. ADMINISTRATION OF SEWAGE FACILITIES PERMITTING PROGRAM § 72.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Alternate sewage system--A [system employing the use] method of demonstrated [technology in a manner] onlot sewage treatment and disposal not [specifically recognized by this title] described in this part.
Bonded disposal system--An individual onlot sewage system located on a single lot serving a single family residence, where soil mottling is within 20 inches of the mineral soil surface except for spray irrigation system installations.
* * * * * Clean Streams Law--The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Conventional sewage system--A system employing the use of demonstrated onlot sewage treatment and disposal technology in a manner specifically recognized by this part. The term does not include alternate sewage systems or experimental sewage systems.
* * * * * Delegated agency--A municipality, local agency, multimunicipal local agency or county or joint county department of health to which the Department has delegated the authority to review and approve subdivisions for new land developments as supplements to the official plan of a municipality in which the subdivision is located.
[Department--The Department of Environmental Resources of the Commonwealth.
Environmental Hearing Board--The board established under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21) for the purposes set forth in that section.]
Experimental sewage system--A method of onlot sewage treatment and disposal not described in this title which is proposed for the purpose of testing and observation.
Individual residential spray irrigation system--An individual onlot sewage system which serves a single family dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.
* * * * * Municipality--A city, town, township, [or] borough or home rule municipality other than a county.
* * * * * Official plan revision--A change in the municipality's official plan to provide for additional, newly identified future or existing sewage facilities needs, which may include one or more of the following:
(i) Update revision--A comprehensive revision to an existing official plan required when the Department or municipality determines an official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
(ii) Revision for new land development--A revision to a municipality's official plan resulting from a proposed subdivision as defined in the act.
(iii) Special study--A study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
(iv) Supplement--A sewage facilities planning module for a subdivision for new land development which will not be served by sewage facilities requiring a new or modified permit from the Department under the Clean Streams Law, and which is reviewed and approved by a delegated agency.
(v) Exception to the requirement to revise--A process established in § 71.55 (relating to exceptions to the requirement to revise the official plan for new land development) which describes the criteria under which a revision for new land development is not required.
Person--An individual, association, public or private corporation for-profit or not-for-profit, partnership, firm, trust, estate, department, board, bureau or agency of the United States or the Commonwealth, political subdivision, municipality, district, authority or other legal entity which is recognized by [statute] law as the subject of rights and duties. [When used in a clause prescribing and imposing a penalty or imposing a fine or imprisonment, the] The term includes the members of an association, partnership or firm and the officers of a local agency or municipal, public or private corporation for profit or not-for-profit.
Qualified registered professional engineer--A person registered to practice engineering in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems.
Qualified registered professional geologist--A person registered to practice geology in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems.
Qualified soil scientist--A person certified as a sewage enforcement officer and who has documented 2 years' experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems and either a bachelor of science degree in soils science from an accredited college or university or certification by the American Registry of Certified Professionals in Agronomy, Crops and Soils.
* * * * * Retaining tank--A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes, but is not limited to, the following:
[(i) Chemical toilet--A permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
(ii)] (i) ***
[(iii)] (ii) ***
[(iv)] (iii) ***
[(v)] (iv) ***
[(vi)] (v) ***
Sewage--A substance that contains waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation. The term includes substances which constitute pollution under [The] the Clean Streams Law [(35 P. S. §§ 691.1--691.1001).]
Sewage Enforcement Officer--[The] An official of the local agency who reviews permit applications and sewage facilities planning modules, issues permits as authorized by the act and conducts investigations and inspections that are necessary to implement the act and the regulations thereunder.
Sewage facilities--A [method] system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.
(i) Individual sewage system--A sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal. Individual sewage systems include:
(A) Individual onlot sewage system--[A] An individual sewage system which uses a system of piping, tanks or other facilities [serving a single lot and] for collecting, treating and disposing of [domestic] sewage into a [subsurface] soil absorption area, spray field or retention in a retaining tank [located on that lot].
(B) Individual sewerage system--An individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a [subsurface] soil absorption area, or retention in a retaining tank.
(ii) Community sewage system--A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
(A) Community onlot sewage system--A system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of domestic sewage into a [subsurface] soil absorption area or retaining tank located on one or more of the lots or at another site.
(B) Community sewerage system--A community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank.
Sewage management program--A program conforming to Chapter 71, Subchapter E (relating to sewage management programs), authorized by the official action of a municipality for the administration, management and regulation of the disposal of sewage.
Soil horizon--A layer of soil approximately parallel to the soil surface, the chemical and physical characteristics of which are distinguishable by observation or other method of analysis, from the chemical and physical characteristics in adjacent layers of soil.
Soil profile--The collection of soil horizons, including the natural organic layers on the surface.
Soil mottling--A soil color pattern consisting of patches of different color or shades of color interspersed with the dominant soil color and which results from prolonged saturation of the soil.
Subdivision--The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land[. The term includes] including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
* * * * * (Editor's Note: The definition of ''bonded disposal system'' was proposed to be added in the August 5, 1995, proposal.)
§ 72.2. Scope.
(a) This chapter is adopted in accordance with the duties imposed upon the Department under the act and [The] the Clean Streams Law [(35 P. S. §§ 691.1--691.1001)] and applies to local agencies and Sewage Enforcement Officers administering the act and to persons installing individual or community onlot sewage systems.
* * * * * (c) This chapter governs the issuance of permits for retaining tanks, or for individual and community onlot sewage systems which employ renovation of sewage effluent in a [subsurface] soil absorption area or spray field, except for large volume onlot sewage systems. The use of large volume onlot sewage systems creates a danger of pollution of the waters of this Commonwealth, regulation of large volume onlot sewage systems by the Department is necessary to avoid the pollution, and large volume onlot sewage systems require permits issued by the Department under sections 201, 202, 207 and 402 of [The] the Clean Streams Law (35 P. S. §§ 691.1, 691.201, 691.202, 691.207 and 691.402). No local agency or Sewage Enforcement Officer may issue a permit for an individual or community onlot sewage system which does one of the following:
(1) Discharges directly to the surface of the ground or to the surface waters of this Commonwealth except when the proposed sewage system is an individual residential spray irrigation system which conforms with the standards established under Chapter 73 (relating to standards for onlot sewage treatment facilities).
* * * * * (3) Is proposing or designed for the disposal of substances defined as industrial wastes under [The] the Clean Streams Law [(35 P. S. §§ 691.1--691.1001)].
(4) Violates this chapter, Chapters 71, 73, the act or the Clean Streams Law.
Subchapter B. PERMIT REQUIREMENTS § 72.21. General.
(a) A local agency shall employ or contract with at least one [Sewage Enforcement Officer] sewage enforcement officer and one alternate sewage enforcement officer who [has] have been certified by the Certification Board under Subchapter D (relating to certification of sewage enforcement officers). References to sewage enforcement officer in this part also apply to alternate sewage enforcement officers.
(b) A local agency shall employ an adequate number of sewage enforcement officers or contract with individuals, firms or corporations to adequately perform the services of sewage enforcement officers to administer the applicable provisions of this chapter within the time periods set forth in this chapter and in accordance with this chapter and Chapter 73 (relating to standards for onlot sewage treatment facilities).
[(b)] (c) No local agency may issue a permit for the installation of an individual or community onlot sewage system except by and through a certified Sewage Enforcement Officer employed or contracted by [them] the local agency.
[(c)] (d) ***
[(d)] (e) ***
(f) The property owner shall bear the cost of activities associated with conducting, observing or confirming percolation tests.
(Editor's Note: Subsection (f) was originally proposed as subsection (e) in the August 5, 1995, proposal.)
§ 72.22. Permit issuance.
(a) No person may install, award a contract for construction or construct an individual or community on-lot sewage system, or install, construct, occupy or use a building to be served by that system without first obtaining a permit from the local agency, except as provided in subsections (c) [(d) and (e)]--(e).
(b) A permit [is] shall be required by the local agency for alterations or connections to an existing individual or community on-lot sewage system when the alteration or connection requires the repair, replacement, disturbance, modification or enlargement of a treatment tank, [subsurface] soil absorption area or spray field, soil within or under the soil absorption area, spray field or retention tank.
(c) [Multiple installations of chemical toilets or other portable toilets proposed for temporary use at a construction site, a recreation activity or a temporary facility shall be covered by one permit.
(d)] ***
[(e) Unless a local agency requires a permit by ordinance, no permit is required for the installation of an individual onlot sewage system under this section if:
(1) The onlot sewage system is for a residential structure occupied or intended to be occupied by no more than two families one of whom is the property owner on a contiguous tract of land of 10 acres or more.
(2) The owner of the property is the owner of record as of January 10, 1987.
(3) The property owner completes the construction of the structure and the individual onlot sewage system serving the structure by January 10, 1989.]
(d) Except when a local agency or municipality requires a permit by ordinance, no permit or official plan revision will be required for the installation of an individual onlot sewage system for a residential structure occupied or intended to be occupied by the property owner or a member of the owner's immediate family on a contiguous tract of land 10 acres or more if the owner of the property was the owner of record as of January 10, 1987. For the purposes of this subsection, the term ''immediate family'' means a brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter, father or mother of the property owner.
(e) The installation of a permit-exempt system is not required to be approved by or meet the standards of the Department or local agency under their rules and regulations for the siting, design or installation of onlot sewage systems, except for the siting requirements of subsection (g), unless a permit is required by a regulation or ordinance of a local agency or municipality, or the person qualifying for the permit exemption chooses to not use the permit exemption. A permit exemption may also be granted where a 10-acre parcel or lot is subdivided from a parent tract after January 10, 1987. When one permit exemption has been granted for a lot, tract or parcel under this section, any lot, tract or parcel remaining after subdivision of the lot or parcel which received the permit exemption or lots or parcels subdivided from either lot, tract or parcel in the future will not be eligible for a 10-acre permit exemption and shall meet the planning, permitting, siting and construction standards of the Department relating to onlot sewage systems. Owners of a lot, tract or parcel which otherwise qualified for the permit exemption, who do not choose to use the permit exemption remain exempt from the planning requirements of the act with respect to that lot, tract or parcel.
(f) Owners of property qualifying for a permit exemption under subsections (d) and (e) shall install permit-exempt systems in accordance with the following siting requirements:
(1) The perimeter of the septic tanks and absorption area shall be located at least 200 feet from the perimeter of any property line, nonutility right-of-way, 100-year flood plain or any river, stream, creek, impoundment, well, watercourse, storm sewer, lake, dammed water, pond, spring, ditch, wetland, water supply or any other body of surface water and 10 feet from any utility right-of-way.
(2) Before a person who meets the requirements of subsections (d) and (e) for a permit-exempt system installs such a system, the person shall notify the local agency of the installation. The local agency may charge a fee, not to exceed $25, to verify that the system is located in accordance with the siting requirements of this subsection.
(g) A permit is not required when a new dwelling is proposed to replace a previously existing dwelling when the local agency determines that the size and anticipated use of the new dwelling, as determined under §§ 73.16 and 73.17 (relating to requirements for absorption areas requirements; and sewage flows), are the same size and use or lesser size and use as the previously existing dwelling and the previously existing dwelling was in use within 1 year of the anticipated date of completion of construction of the new dwelling. This exception does not apply when an active investigation of a malfunction is under way by the local agency or the Department.
(Editor's Note: Subsections (d)--(f) were originally proposed as subsections (e)--(g) in the August 5, 1995, proposal).
§ 72.23. Limitation on [permits] onlot system permit issuance.
(a) The local agency may not issue permits for individual or community onlot sewage systems unless the following exist:
(1) The proposed system is consistent with the method of sewage disposal contained in the approved official plan, special study or update revision of the municipality in which the system is to be located.
(2) The municipality is implementing its official plan, special study or update revision in accordance with a schedule approved by the Department.
(3) The municipality has received approval of a revision for new land development or exception to the requirement to revise from the Department, a supplement for new land development has been approved by the delegated agency serving the municipality or the Department or delegated agency has determined that no planning is required under § 71.51(b) (relating to general).
(b) [The limitations on permit issuance contained in subsection (a) do not apply when one or more of the conditions of section 7(b)(5) of the act (35 P. S. § 750.7(b)(5)) are met.]
Permits may not be issued when the municipality has one or more of the following:
(1) No approved official plan.
(2) Not received Department approval of an update revision or special study to the official plan.
(3) Not implemented its plan as required by this part or by an order of the Department.
(c) Permit limitations shall be restricted to those areas of the municipality identified in writing to the municipality by the Department as posing a serious risk to the health, safety and welfare of persons within or adjacent to the municipality because of the municipality's failure to revise or implement its plan. The limitations shall remain in effect until the municipality has submitted the official plan, update revision or special study to the official plan to, and received the approval of the Department, or has commenced implementation of its plan, update revision or special study in accordance with a schedule approved by the Department.
(d) The limitation on permit issuance contained in this section do not apply:
(1) To those areas of the municipality when the Department or the local agency finds that a replacement soil absorption area or spray field could be installed on the lot if the original system failed. This determination shall be based on the results of a minimum of two complete soils and site evaluations confirmed by the local agency's sewage enforcement officer.
(2) To those areas of the municipality outside of the areas delineated in an order of the Department as requiring an update revision.
(3) To existing subdivisions or sections thereof when the Department or delegated agency finds that either lots or homes in the subdivision or sections thereof have been sold in good faith to a purchaser for value prior to May 15, 1972, and not for the purpose of avoiding the permit limitation provisions of this section. This paragraph does not relieve the municipality of its planning responsibilities as specified in the act.
(4) When the Department or the local agency finds it necessary to issue permits for the abatement of pollution or the correction of health hazards, or both.
(5) To interim repairs to or the replacement of existing malfunctioning onlot sewage systems.
§ 72.24. Applications for permits.
* * * * * (c) The local agency shall maintain and make available for public inspection a permanent record of all permit applications submitted, indicating the date received, type of submission and date of disposition.
§ 72.25. Issuance of permits.
* * * * * (b) The local agency shall issue or deny a permit for a conventional system in writing within 7 days after receiving a complete initial application.
(c) If the local agency determines that an initial application is incomplete or that it is unable to verify the information contained in an application, the local agency shall notify the applicant in writing within 7 days of receipt of the application. The notice shall include the reasons why the application is not acceptable. When the required information is received, the local agency shall act upon the application within 15 days.
(d) A person desiring to install an experimental [or alternate] on-lot sewage system shall submit complete preliminary design plans and specifications to the Sewage Enforcement Officer and the Department for review and comment at least 60 days prior to submitting an application for a permit. The Department [shall] will determine if classification as an experimental [or alternate] system is appropriate for the submission and provide review comments within 60 days to the sewage enforcement officer.
(e) Applications for alternate system permits submitted to municipalities or local agencies which are not delegated agencies, shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated by the municipality or local agency to the applicant in writing within 15 days.
(1) Applications for alternate system permits found to be complete shall be submitted to the Department within 5 days of the determination of completeness by the local agency or authorized representative for the Department's determination whether the classification as alternate is appropriate for the submission and the Department's review of comments.
(2) Permits for alternate systems shall be issued or denied by the local agency within 45 days of transmittal of a complete application to the Department. The local agency shall consider the written comments submitted by the Department regarding the application.
(3) In municipalities or local agencies which are delegated agencies or which employ or contract with sewage enforcement officers authorized to review alternate sewage systems under § 72.43(l) (relating to powers and duties of the Department), permit applications for alternate systems shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant in writing within 15 days of receipt of the application. Permits for alternate systems shall be issued or denied by the local agency within 30 days of receipt of a complete application.
[(e)] (f) ***
[(f)] (g) A local agency may not issue individual or community on-lot sewage system permits for the following systems; permits for these systems are issued by the Department:
* * * * * (2) Subsurface disposal or other method of disposal of a substance defined as industrial waste under the Clean Streams Law [(35 P. S. §§ 691.1--691.1001)].
(3) A method of sewage disposal other than renovation of sewage in a subsurface absorption area, an individual residential spray irrigation system or temporary storage in a retaining tank.
(h) Prior to the issuance of a permit for an individual residential spray irrigation system, the local agency shall require documentation that the municipality in which the system is to be located, has taken action to assure compliance of the system with § 73.167 (relating to operation and maintenance) for the life of the system. The assurance shall be established through one or a combination of the following options which have been established or approved in writing, by the municipality:
(1) A maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(2) A maintenance agreement between the property owner and municipality or its designated local agency which establishes the property owner's responsibility for operating and maintaining the system and the responsibility of the municipality or local agency for oversight of the system.
(3) A municipal ordinance which requires individual residential spray irrigation systems to be operated and maintained through a maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(4) Municipal ownership of the system.
(5) Inclusion of the system under a sewage management agency developed in accordance with § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies) operated by the municipality.
(6) A properly chartered association, trust or other private legal entity which is structured to manage the system.
(i) Bonding, escrow or other security shall be established prior to the issuance of a permit for an individual residential spray irrigation system and must be forfeited to the municipality upon notice of continuing noncompliance of the system with the operation and maintenance standards in § 73.167 (relating to operation and maintenance), monitoring standards in § 72.42(a)(24) (relating to powers and duties of local agencies) and municipal assurances for management of the operation and maintenance requirements established through the provisions of subsection (h). The municipality shall use the forfeited security to cover the costs of repair or future operation and maintenance of the system over its design life. The bonding, escrow or other security shall be for an amount up to a maximum of 50% for each of the first 2 years of operation and no more than 10% each year thereafter of the equipment and installation cost of the system.
(j) When a local agency has issued a permit under this section and the Department disagrees with the basis for the issuance of the permit, the Department will not require the revocation of that permit unless the Department has provided to the local agency justification for its decision based on the specific provisions of statute or regulation.
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