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PA Bulletin, Doc. No. 96-526

PROPOSED RULEMAKING

ENVIRONMENTAL
QUALITY BOARD

[25 PA. CODE CHS. 71--73]

Administration of Sewage Facilities, Planning Program and Standards for Sewage Disposal Facilities (Act 149)

[26 Pa.B. 1491]

   The Environmental Quality Board (EQB) proposes to amend Chapters 71--73 (relating to administration of the sewage facilities planning program; administration of sewage facilities permitting program; and standards for onlot sewage treatment facilities). The proposed amendments are designed to implement various amendments to the Pennsylvania Sewage Facilities Act (act) (35 P. S. §§ 750.1--750.20) which were enacted in 1994 under the act of December 14, 1994 (P. L. 1250, No. 149) (Act 149). As more fully described in Section E of this Preamble, the proposed amendments represent significant revisions to the planning, administrative, permitting and technical requirements of the sewage facilities program established under the act. Among the more significant amendments being proposed are provisions relating to procedures for private requests authorized under section 5 of the act (35 P. S.§ 750.5); review of official plans, update revisions, special studies and requests for exceptions to the requirement to revise an official plan, responsibilities of and administrative procedures for delegated agencies, reimbursement to and the expanded authority of local agencies under sections 6 and 8 of the act (35 P. S. §§ 750.6 and 750.8); individual spray irrigation systems authorized under section 7.3 of the act (35 P. S. § 750.7c); and fees for the review of planning modules and certain permit applications and certain responsibilities of sewage enforcement officers.

   This proposal was adopted by the EQB at a meeting held on January 16, 1996.

A.  Effective Date

   These proposed amendments will become effective upon publication in the Pennsylvania Bulletin as a final rulemaking except that the provisions of the proposed amendments relating to spray irrigation systems, particularly §§ 73.161--73.167, will not go into effect until June 17, 1996, or upon publication in the Pennsylvania Bulletin, whichever is later.

B.  Contact Persons

   For further information, the contact persons are Cedric H. Karper, Chief, Division of Municipal Planning and Finance, Bureau of Water Quality Management, P. O. Box 8465, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8465, (717) 787-3481; and William S. Cumings, Jr., Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8464. Information regarding submitting comments on this proposal appears in Section J of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) and request that the service relay the call. This proposal is available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).

C.  Statutory Authority

   The amendments are being proposed under the authority of section 9 of the act (35 P. S. § 750.9) which authorizes the EQB to adopt rules and regulations relating to the implementation of the act. The amendments are also proposed under the authority of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510.20).

D.  Background

   During its 1994 session, the General Assembly enacted Act 149, which significantly amended the act. The legislation was signed by then Governor Casey on December 14, 1994. With the exception of two provisions, the provisions of Act 149 became effective on December 15, 1995. The provisions of section 7 of the act (35 P. S. § 750.7), concerning a qualified exemption from the permitting and planning requirements of the act relating to the installation of onlot sewage systems for owners of lots 10 acres or larger became effective upon enactment of Act 149. As more fully explained in this Preamble, the EQB adopted proposed regulations intended to implement this qualified exemption as well as certain other provisions at a meeting held on April 18, 1995. The provisions of section 7.3 of the act relating to individual residential spray irrigation systems, will become effective on June 17, 1996.

   As noted in this Preamble, the EQB adopted certain proposed regulations at a meeting held on April 18, 1995. These proposed amendments were published at 25 Pa.B. 3221 (August 5, 1995). The proposed amendments published at 25 Pa.B. 3221 concerned provisions relating to, but not limited to, the qualified exemption for owners of lots 10 acres or larger, permitting of onlot sewage systems in areas where soil mottling is present, financial assurances for onlot sewage systems installed in soils where mottling is present, employment of alternate sewage enforcement officers by local agencies, acceptance of testing data and information utilized by a prior sewage enforcement officer and a time frame for review of new land development revisions by the Department. As noted in the Preamble at 25 Pa.B. 3221, those proposed amendments were intended to make the existing regulations consistent with certain provisions of the act of July 1, 1989 (P. L. 124, No. 26) (Act 26) and certain provisions of that act which were affected by Act 149. See 25 Pa.B. 3221 for a fuller explanation of the rationale for that proposed rulemaking. To provide the appropriate context for this proposal and for ease of reading, the provisions of the proposal published at 25 Pa.B. 3221 are reprinted in bold face in this proposal and are not subject to public comment unless the comments are germane to issues related to this proposal.

   The proposed amendments to Chapters 71--73 outlined in this proposed rulemaking address the provisions of Act 149 which were not addressed at 25 Pa.B. 3221. The proposed amendments outlined in this notice are based on State law and there are no comparable Federal regulations. The proposed amendments and their underlying rationale are discussed more fully in Section E of this Preamble.

   The proposed amendments outlined in this notice represent a cooperative effort by the Sewage Advisory Committee (SAC) and the Department to update Chapters 71--73 to be consistent with the amendments to the act as effectuated by Act 149. SAC is an advisory committee established under section 4 of the act (35 P. S. § 750.4). SAC consists of 33 members representing a cross-section of organizations which have a direct interest in water and sewage issues in this Commonwealth. A listing of the SAC membership is available upon request from Cedric H. Karper, whose address appears in Section B of this Preamble.

E.  Summary and Purpose of the Proposed Amendments

   1.  § 71.1 (relating to definitions)

   Section 71.1 contains several new or revised definitions relating to the administration of the sewage facilities program. Terms newly defined are: ''delegated agency,'' ''individual residential spray irrigation system,'' ''municipality,'' ''supplement and exception to the requirement to revise.'' Terms revised include: ''official plan revision,'' ''update revision,'' ''sewage,'' ''sewage enforcement officer,'' ''individual sewage system,'' ''individual onlot sewage system,'' ''individual sewerage system,'' ''community onlot sewage system,'' ''community sewerage system'' and ''subdivision.'' For the most part, the newly defined or revised terms are intended to make the terms consistent with the terms as defined in the act. If applicable, these terms will be added to or revised in the same manner in Chapters 72 and 73.

   2.  § 71.2 (relating to scope and time periods)

   The applicability provisions are proposed to be revised to make it clear that Chapter 71 is applicable to local agencies and delegated agencies as well as the Department. Act 149 greatly expanded the responsibilities of local agencies and created delegated agencies which are responsible for the administration of certain activities related to sewage facilities planning and permitting.

   3.  § 71.3 (relating to purposes)

   This section is proposed to be amended by adding two new paragraphs. The section provides a short description of the six subchapters of Chapter 71. A new subchapter, Subchapter F (relating to fees), is proposed to be added. Section 10(12) of the act (35 P. S. § 750.10(12)) sets forth a fee schedule for the review of sewage facilities planning modules for new land development. In addition, section 7(b)(4.3)(ii) of the act authorizes delegated agencies to assess fees for the review of supplements to official plans.

   4.  § 71.14 (relating to private request to revise official plans)

   Section 5(b) of the act sets forth a procedure whereby a property owner may file a private request with the Department. A private request is an application filed by a property owner with the Department requesting that the Department order a municipality to revise or implement its official plan. The private request procedures were substantially amended as a result of Act 149. Accordingly, the private request procedures outlined in § 71.14 would be amended to be consistent with the provisions of Act 149. Among other things, § 71.14(a) would be amended to make it clear that a person who is a legal or equitable property owner may file a private request with the Department. The addition of the words ''legal or equitable'' is intended to make this provision consistent with parallel language of the act.

   Section 71.14(a) is also proposed to be amended by the addition of language incorporating a requirement of section 5(b) of the act that a person filing a private request with the Department notify the affected municipality in writing of the filing of the request with the Department.

   The provisions of subsection (c) are proposed to be deleted. The provisions proposed to be deleted provide that no private request will be considered by the Department unless the subdivision had received prior approval under municipal or county planning codes under Article VI of the Pennsylvania Municipalities Planning Code (53 P. S. §§ 10601--10620). Section 5(b.2) of the act provides that the Department may not refuse to grant a private request in the event there are any inconsistencies with any applicable zoning, subdivision or land development ordinances, but may instead make its order subject to certain conditions, which are more fully described in the discussion relating to subsection (e) in this Preamble. The remaining subsections will be renumbered to reflect this deletion.

   Renumbered subsection (c) and the text would be revised to make it consistent with the provisions of section 5(b.1) of the act. Among other things, the subsection is proposed to be revised to provide that the Department will inform certain enumerated local and county agencies of its receipt of the private request and that written comments these agencies wish to provide shall be submitted to the Department within 45 days of the Department's receipt of the private request application. Currently, these agencies have 60 days following receipt of a request from the Department to submit comments. In addition, the last sentence of the subsection, which provides that comments submitted by local and county agencies include a discussion of the compatibility of a proposed subdivision with municipal or county planning codes, is proposed to be deleted.

   Subsection (d), as proposed to be renumbered, outlines the criteria the Department is to consider in deciding on a private request application. For the most part, the existing language of the subsection would be retained. However, existing paragraph (2), which provides that the Department must consider the plan content consistency requirements of § 71.21(a)(5)(i)--(iii), is proposed to be deleted.

   Subsection (e) sets forth the time-frame and procedure to be followed by the Department in rendering its decision on private request applications. Currently, in the event no public comments are received regarding a private request, the Department is required to render its decision within 120 days following the expiration of a 60-day comment period regardless of whether comments are received. Act 149 provides a 45-day comment period and requires the Department to render its decision within 120 days after receipt of comments or upon the expiration of the 45 day comment period if no comments are received. Accordingly, this subsection is proposed to be revised. In addition, language would be added to provide that the review period may be extended if agreed to in writing by the person filing the private request, as provided in section 5(b.2) of the act.

   Three paragraphs which outline certain procedures required by section 5(b.2) of the act, would be added to subsection (e). In the event the Department orders a requested revision, it must specify the nature of the revisions a municipality must undertake to revise and implement its official plan and set forth time frames for plan completion. In the event the Department refuses to order a requested revision, the Department must specify the reasons for the refusal. If the Department refuses to order a requested revision, it must notify the person who filed the request of the reasons for the refusal in writing. If there is an inconsistency with an applicable zoning, subdivision or land development ordinance, the Department may order a requested revision, but the order would be subject to limitations placed on development of the property by a municipality under its zoning, subdivision or land development ordinances or by a court order.

   5.  § 71.32 (relating to Department responsibility to review and act upon official plans)

   Certain subsections are proposed to be revised to make the section consistent with the act. Subsection (f), which outlines the consequences to a municipality if it does not have an official plan or fails to revise or implement its official plan as required would be revised. Paragraph (1) is proposed to be amended by deleting the reference to section 7(b)(4) of the act and replacing it with references to § 72.23(a) and (b). Paragraph (1) would thus provide that one of the consequences is that limitations on permit issuance under § 72.23(a) and (b) become effective.

   Another consequence of this failure would be that the Department will not issue a permit under section 5 of The Clean Streams Law (35 P. S. § 691.5) for projects in areas where a plan or revision is required. The existing language provides that the Department will not approve a project requiring this permit.

   Existing provisions specifying that a revision for new land development will not be approved in those areas of a municipality in which an official plan, update revision or implementation of an official plan is required and that a subdivision plan may not be approved nor a building permit issued in those areas of a municipality where the official plan is inadequate or not being substantially implemented are being deleted. These provisions are inconsistent with the act. Thus, a supplement or a revision for new land development will not be denied nor will an exception to the requirement to revise be found inadequate solely because the municipality in which the new land development is being proposed has failed to: (i) submit an update revision or special study; or (ii) to implement its plan as required. This would not preclude the Department from denying a supplement or revision or find an exception to the requirement to revise inadequate where conditions in addition to the failure to submit or implement may warrant.

   Similarly, a supplement or revision will not be denied nor would an exception to the requirement to revise be found inadequate solely because an update revision or special study is under review by the Department. This incorporates the requirements of section 7(b)(4.1)(i) of the act.

   A new subsection (f)(5) is proposed to be added incorporating the requirements of section 7(b)(4.1)(ii) of the act which contains certain content requirements relating to contracts for the sale of lots within areas where permit limitations are in effect. A contract shall contain a statement in the contract which clearly indicates to the buyer that sewage facilities are not available for that lot and that the facilities will not be not available and construction of a structure on the lot may not begin until the Department has approved a major planning requirement.

   A new subsection (g) is proposed to be added which incorporates by reference the limitation on permit issuance provisions of § 72.23(a) and (b). These provisions are discussed more fully in the discussion in Paragraph 21 of this Preamble.

   6.  §§ 71.41--71.44 (relating to planning grants)

   The provisions of §§ 71.41--71.44 will remain intact except for proposed minor editorial changes which will not alter the effect of these sections.

   7.  § 71.51 (relating to general provisions relating to new land development plan revisions)

   This section is proposed to be enlarged by adding a new subsection (b), which outlines the procedure for the processing of exemptions from the sewage facilities planning requirements for new land development proposals. In addition, existing subsection (a)(1) is proposed to be amended to provide that a municipality would not be required to revise its official plan if a proposed subdivision meets the requirements of § 71.55 (relating to exceptions to the requirement to revise an official plan for new land development) or the exemption provisions of the subsection (b) which are more fully explained as follows.

   Subsection (b) outlines the criteria and procedures specified in section 7(b)(5) of the act which would be utilized by the Department and, in the case of supplements, delegated agencies in processing exemptions from sewage facilities planning for new land developments. There are five criteria: (1) the official plan must show that the areas of the municipality covered by the exemption are to be served by onlot sewage disposal facilities; (2) an area proposed for use of individual or community sewage systems is not underlain by carbonate geology nor within 1/4 mile of water supplies documented to exceed 5 ppm nitrate-nitrogen; (3) the area proposed for development is outside of a high quality or exceptional value watershed; (4) all subdivided lots and the remaining portion of the original tract after subdivision are one acre or larger; and (5) soils testing and site evaluation establish that separate sites are available for both a permittable primary onlot sewage system and a replacement onlot sewage system on each lot of the subdivision. Section 7(b)(5)(ii) of the act provides that permits may be issued if it is determined, that the ''. . . geology of the area proposed for use of individual or community systems is not conducive to nitrate-nitrogen groundwater contamination.'' Both the Department and SAC believe this language is somewhat vague and susceptible to varying interpretations. Accordingly, to provide guidance to potential applicants, that language is proposed to be interpreted as described in the synopsis of criterion (2).

   Similarly, subsection (b)(2) incorporates the provisions of section 7(b)(5.1) of the act, which outline the criteria which are to be utilized by the Department and delegated agencies in determining whether a subdivision proposing a connection to or an extension of public sewers would require a revision for new land development or a supplement. These criteria relate to compliance by existing collection, conveyance and treatment facilities with The Clean Streams Law, permittees of the receiving sewerage facilities documenting that the existing collection, conveyance and treatment system do not have an existing or a 5-year projected hydraulic or organic overload, certification from the permittees of the collection, conveyance and treatment facilities regarding the capacity to receive and treat sewage flows from the applicant's proposed development and whether an approved sewage facilities plan update revision is being implemented.

   Subsection (b)(3) requires the Department to provide sufficient information to delegated agencies to enable them to make decisions regarding certain enumerated criteria specified in subsection (b)(1) and (2). In addition, when a delegated agency makes a determination under subsection (b)(1) or (2), the delegated agency would be required to submit quarterly reports to the Department, which reports are to contain information relating to the subdivisions, lots and projected sewage flows of the subdivisions exempt from the planning requirements of the act.

   Subsection (b)(4) specifies that information regarding a request for an exemption from the sewage facilities planning requirements be on a form provided by the Department.

   Subsection (b)(5) incorporates a provision of section 7(b)(5.2) of the act. This subsection provides that proposals for new land development which are intended to be served by sewage facilities which require or which are required to apply to the Department for a new or modified permit under The Clean Streams Law are not eligible for an exemption, under subsection (b)(1) and (2), from the planning requirements of the act.

   8.  § 71.53 (relating to municipal administration of new land development requirements for revisions)

   For the most part, the existing language would be retained. Language is proposed to be added to subsection (b) incorporating time frames for the review of planning modules specified in section 5(a.1) of the act. In addition, language would be added to subsection (b) which outlines the procedure for the review of planning modules by sewage enforcement officers and appropriate planning or zoning agencies. If a planning module has not been received by an appropriate planning or zoning agency 60 days prior to submission to a municipality, or received by a sewage enforcement officer 20 days prior to the submission, or both, the planning module would be considered incomplete and the municipality would be required to submit a copy of the module to the appropriate agencies or the sewage enforcement officer, or both, for their review. A municipality would be required to review and act upon a planning module within 60 days of receipt of a complete application or additional time as the applicant and the municipality may agree to in writing. Failure of a municipality to act within that time period would cause the revision for new land development to be deemed approved by the municipality and the planning module must then be submitted to the Department by either the municipality or the applicant.

   For the purposes of determining when a municipality has received a complete application, the term ''receipt'' would be construed as meaning when an application was determined to be complete by the municipality. This interpretation is consistent with a similar provision in § 71.54(d) concerning the period of review of plan revisions by the Department.

   The language of subsection (d)(6)(iii), which specifies that proposals resulting in public expenditures in excess of $100,000 are among the types of new land development proposals which shall be accompanied by documentation of publication of the proposed adoption of the plan in a newspaper to satisfy one of the criteria for completeness, is being clarified to make it clear that the public expenditure would relate only to the sewage facilities portion of the project, not the entire cost of the project.

   In addition, language would be added to subsection (d)(6) which incorporates the newspaper publication provisions of section 5(i) of the act. The language would provide that the applicant, an applicant's agent, the municipality or the local agency may provide the notice required for those planning modules which are subject to public notice by publication in a newspaper of general circulation within the affected municipality. When an applicant or an agent provides the notice, the municipality or local agency shall be notified by the applicant or agent and will be relieved of the obligation to publish. In addition, the notice published shall state where the plan is available for review and indicate that comments regarding the proposal shall be sent to the municipality within which the new land development is proposed.

   Subsection (h) is proposed to be revised to make it clear that a municipality may not adopt a proposed revision to an official plan unless it has determined that the proposal complies with sewage related provisions of municipal zoning, land use or other comprehensive plans. The existing provision uses the term ''applicable'' where ''sewage related'' would appear, thus creating an ambiguity susceptible to varying interpretations.

   9.  § 71.54 (relating to Department administration of new land development planning requirements for revisions)

   The proposed amendments to portions of this section were published previously. Accordingly, the proposed amendments to subsections (b) and (d) are not subject to this rulemaking. Subsection (c), which concerns the effect of the failure of a municipality to have an official plan or to revise or implement a plan, is proposed to be amended by deleting a paragraph which provides that in the event there was a such failure, the municipality could not qualify for an exception to the requirement to revise an official plan for new land development under § 71.55. Subsection (c) provides that in the event a municipality does not have an official plan or fails to revise or implement a plan, the provisions of §§ 71.32(f) and 72.23(a) and (b) apply. Section 71.32(f) outlines the effect of a failure, including permit limitations under § 72.23(a) and (b) and denial of permits issued by the Department for projects in areas of the municipality for which a plan, revision thereto or implementation is required. Section 72.23(a) and (b) outlines those situations when a permit for onlot sewage systems may not be issued. For further information, refer to the discussion under Paragraph 21 of this Preamble for a fuller explanation of the permit limitation provisions of § 72.23.

   10.  § 71.55 (relating to exceptions to the requirement to revise the official plan for new land development)

   The provisions of subsections (a) and (b) will remain largely intact. Minor editorial changes are being proposed to make the language consistent with this title.

   Subsection (c) is proposed to be substantially revised. The existing language, which states that municipalities shall comply with § 71.53 when reviewing the proposals, is proposed to be deleted and replaced with language incorporating the provisions of section 5(a.1) of the act. Since the language proposed is almost identical to that proposed for § 71.53(b), refer to the discussion under the first paragraph of Paragraph 8 of this Preamble for an explanation of the procedure for the review of a request for an exception from the requirement to revise an official plan for new land development.

   Subsection (d) incorporates the provisions of section 5(e)(2) of the act, which sets forth the time frame for the review by the Department of requests for an exception to the requirement to revise. The Department would have 30 days from its receipt of a complete request accompanied by proper documentation and appropriate processing fees to act on the request. Otherwise, the request would be deemed to have been approved by the Department if it does not act within the 30-day period.

   11.  § 71.58 (relating to delegation of new land development planning)

   The EQB proposes to add § 71.58 relating to the delegation of certain new land development planning responsibilities of the Department. Section 7(b)(4.3) of the act authorizes the Department to enter into agreements with local agencies which qualify as delegated agencies delegating the Department's authority to require the submittal of and review and approve or disapprove sewage facilities planning for new land developments as outlined in the act.

   Subsection (a) sets forth the general principals relating to the delegation of authority. Among other things, planning modules approved by delegated agencies shall be supplements to an official sewage facilities plan, not a revision or an exception to the requirement to revise. A ''supplement to an official plan'' is defined in section 2 of the act (35 P. S. § 750.2) as 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 . . .'' Thus, a delegated agency would not be authorized to review subdivision proposals utilizing a sewage facility subject to permit requirements administered by the Department under The Clean Streams Law. Delegated agencies may assess fees for the review of supplements, which fees may only be used by the delegated agency for the purpose of administering those responsibilities delegated to the agency. The Department is authorized to limit the review of supplements by delegated agencies to specific classifications of sewage facilities or new land developments. A prerequisite to becoming a delegated agency is qualification for 85% reimbursement under § 72.44, as more fully explained in paragraph 30 of this Preamble.

   Subsection (a)(5) outlines the documentation necessary for granting delegation to local agencies for the review of supplements. Among the requirements are: having municipal or county-wide subdivision ordinances in effect, a current official sewage facilities plan which is being adequately implemented, municipal or county-wide ordinances in effect which require sewage facilities planning approval as a condition to final plat approval under the Municipalities Planning Code (53 P. S. §§ 10101--10620), coordination procedures with the Department to ensure continued compliance with municipal wasteload management requirements for new land developments which propose to use public sewerage facilities which do not require a permit under The Clean Streams Law, a 3-year history of compliance with the requirements of the act by the local agency and sewage enforcement officers employed by the agency, a workload analysis (including documentation that fees to be charged are adequate to administer the sewage facilities planning reviews), and the administrative procedures, rules, regulations, fee schedules, contracts and applicable municipal ordinances, rules and regulations which the delegated agency intends to utilize in the administration of the authority delegated to the agency.

   Supplements to an official plan are to be prepared by the proponent of a new land development proposal and are to be reviewed and acted upon by a delegated agency. Within 10 days of the delegated agency's action, the agency shall submit the supplement to the Department.

   The failure or refusal of a municipality, a local agency or another agency authorized to enter into a delegation agreement with the Department will not affect the eligibility of that agency for 85% reimbursement under Chapter 72. Section 6(c) of the act authorizes reimbursement to local agencies of up to 85% of the costs of the expenses incurred in the administration of the act, provided certain qualifications specified in the act and incorporated into Chapter 72 are met.

   Subsection (b) provides that the Department will review the performance of the delegated agencies and may revoke a delegation agreement for cause, as provided in section 10(7.1) of the act.

   12.  § 71.59 (relating to delegated agency administration of new land development planning requirements)

   Section 71.59 is proposed to be added. This section will outline the responsibilities of delegated agencies with respect to new land development planning requirements. This section is distinct from the provisions of § 71.58 in the sense that the former section sets forth the requirements, and the documentation necessary, for qualification as a delegated agency.

   Once an agency has been delegated the authority to review and approve planning modules relating to subdivisions for new land development, the agency shall utilize the regulatory provisions of §§ 71.54 and 71.55 relating to the administration of new land development planning requirements for revisions and the exceptions to the requirement to revise an official plan for new land development in the same manner as the Department except that the time limits for review are as specified in subsection (c).

   A delegated agency is authorized to approve a new land development proposal which is submitted as a revision or an exception to the requirement to revise as the submission of a supplement to the official plan of a municipality. This provision is intended to address those situations when a revision or an exception might qualify as a supplement, but is inadvertently submitted as an application for a revision or an exception.

   A delegated agency is required to determine if a submission is complete within 10 days of its receipt and must act on the submission within 60 days of the date of a complete submission or additional time as may be agreed to in writing by the applicant and the delegated agency. The term ''60 days of the receipt of a complete submission'' means 60 days from the date the submission is determined to be complete, not 60 days from the date the application was submitted.

   A copy of each supplement approved by a delegated agency shall be submitted to the Department within 10 days of the action of the delegated agency. Except for planning modules for new land development which propose service by sewerage facilities which require a new or modified permit from the Department under The Clean Streams Law, no additional approval by the Department is required.

   13.  § 71.63 (relating to retaining tanks)

   Minor editorial changes intended for clarity are proposed for subsections (e)--(g). Subsection (e), which exempts certain facilities having a sewage flow of 400 gallons or less from the planning requirements of subsection (c), is being clarified to make it clear that the recreational establishments exempt are those recreational establishments which are recreational vehicle dump stations. The planning requirements of subsection (f), relating to privies and chemical toilets, would not be applicable to chemical toilets, as is presently the case. In addition, subsection (g) provides that the same planning requirements would not be applicable to a privy intended for use on an isolated lot which is 1 acre or larger and will not be served by water under pressure, piped water or piped wastewater. Piped wastewater would be an addition to the existing language.

   14.  § 71.64 (relating to small flow treatment facilities)

   Subsection (b), which limits the use of small flow treatment facilities to use as a replacement or repair system, is proposed to be amended by providing that small flow systems could serve commercial facilities which generate domestic wastewater which does not contain industrial waste, as well as residential dwellings. Currently, these systems may only serve residential dwellings.

   The Department proposes to require that official plans or update revisions relating to the use of small flow treatment facilities provide specific responsibilities for the operation and maintenance of the proposed system. Subsection (c)(6) requires that the official plan or revision contain documentation that one or a combination of operation and maintenance requirements would be utilized. The requirements may include: an operation and maintenance agreement between the property owner and an experienced person or entity; an operation and maintenance agreement between the property owner and the municipality or local agency establishing the owner's responsibility for operating and maintaining the system and municipal or local agency oversight of the system; a municipal ordinance requiring the facilities be operated and maintained through a maintenance agreement; municipal ownership of the system; inclusion of the system in a sewage management agency operated by the municipality or a properly chartered association, or both, trust or other private legal entity which is structured to manage the system.

   In addition, financial security such as bonding, escrow or other security shall be established prior to planning approval. The financial security shall be for an amount up to a maximum of 50% of the equipment and installation costs of the system for the first 2 years of operation and not more than 10% of the costs each year thereafter. The security shall be forfeited to the municipality upon notice of the continuing noncompliance of the system with certain specified requirements. The forfeited security shall be used to cover the costs of the repair or future operation and maintenance of the system, or both, over its design life.

   15.  § 71.72 (relating to sewage management programs for Department permitted sewage facilities)

   The revisions proposed for this section essentially follow the revisions of § 71.64 described in Paragraph 14 of this Preamble, except that the bonding and sewage management options described therein apply to official plans or new land development proposals which involve the construction of nonmunicipal sewage facilities requiring a permit from the Department. The municipality, prior to adoption of a plan or revision, must require one or more bonding options as well as one or more of the sewage management options.

   Subsections (c) and (d) authorize reimbursement of eligible costs related to administration of sewage management programs to local agencies and municipalities whose onlot system permitting program is administered by a local agency other than the municipality, such as a multimunicipal local agency, respectively.

   16.  Subchapter F (relating to fees)

   Proposed §§ 71.81--71.83 relate to the fees which the Department and delegated agencies may charge for the review of sewage facilities planning modules for new land developments.

   Delegated agencies shall establish fees for the review of sewage facilities planning modules for new land developments. The fees must be set forth in a fee schedule formally adopted by the delegated agency and be available to the public. The fees are not specified. However, section 7(b)(4.3)(iv)(F) of the act provides that the fees should ''. . . be sufficient to allow the delegated agency to act upon supplements within the time limits established by this act.''

   Fees which would be charged by the Department are specified in section 10(12) of the act. Those fees will be shown on and will be specific to each type of planning module. However, fees will not be charged for activities related to the processing of requests for exemptions from the sewage facilities requirements under § 71.51(b).

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