[26 Pa.B. 1491]
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Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
CHAPTER 71. ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM
Subchapter A. GENERAL § 71.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Clean Water Act--The Clean Water Act (33 U.S.C.A. §§ 1251--[1376] 1387).
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.
* * * * * 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, borough or home rule municipality other than a county.
* * * * * Official plan revision--A change in the municipality's official plan to provide for additional [or], newly identified future, or existing sewage facilities needs, which may include, but not be limited to, one or more of the following:
(i) Update revision--A comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or any its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
* * * * * (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.
* * * * * Residential subdivision plan--A subdivision in which at least two-thirds of the proposed daily sewage flows will be generated by residential uses.
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 the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being 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[, or]. The term includes any substance which constitutes pollution under [The] the Clean Streams Law.
Sewage enforcement officer--An official of the local agency who reviews permit applications and sewage facilities planning modules, issues permits[, reviews permit applications and sewage facilities planning modules] as authorized by the act and conducts investigations and inspections that are necessary to implement the act and the regulations thereunder.
Sewage facilities--A 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--An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a [subsurface] soil absorption area, spray field or a retaining tank.
(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 [community sewage system which uses a] system of piping, tanks or other facilities [for] serving two or more lots and collecting, treating and disposing of 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 [subsurface] soil absorption area, or retention in a retaining tank.
* * * * * 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, 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 ''residential subdivision plan'' was proposed to be added in the August 5, 1995, proposal.)
§ 71.2. Scope and time periods.
(a) This chapter is adopted in accordance with the duties imposed upon the Department under the act and the Clean Streams Law and applies to municipalities, local agencies and delegated agencies administering the planning provisions of the act and to persons subdividing land or planning, designing or installing sewage facilities.
* * * * * § 71.3. Purposes.
This chapter is separated into [five] six subchapters:
(1) Subchapter A (relating to general) provides general background information.
[(1)] (2) ***
[(2)] (3) ***
[(3)] (4) ***
[(4)] (5) ***
(6) Subchapter F (relating to fees) provides for fees for the review of new land development sewage facilities planning modules.
Subchapter B. OFFICIAL PLAN REQUIREMENTS
GENERAL § 71.11. General requirement.
Municipalities are required to develop and implement comprehensive official plans which provide for the resolution of existing sewage disposal problems, provide for the future sewage disposal needs of new land development and provide for the future sewage disposal needs of the municipality. Official plans shall be developed, submitted to the Department for approval and implemented by municipalities under the act and [sections] §§ 71.12--71.14, 71.21, 71.22, 71.31, 71.41--71.44 and Subchapters C--[E] F.
§ 71.14. Private request to revise official plans.
(a) A person who is a resident or legal or equitable property owner in a municipality may file a private request with the Department [to] requesting that the Department order the municipality to revise its official plan if the resident or property owner can show that the official plan is not being implemented or is inadequate to meet the resident's or property owner's sewage disposal needs. This request may be made only after a prior written demand upon and written refusal by the municipality to so implement or revise its official plan [and] or failure of the municipality to reply in either the affirmative or negative within 60 days or, failure of the municipality to implement its official plan within the time limits established in the plan's implementation schedule or failure to revise its official plan within the time limits established in this chapter. The request to the Department shall contain a description of the area of the municipality in question and a list of reasons that the plan is believed to be inadequate. The person shall notify the municipality in writing of the filing of the request with the Department.
* * * * * [(c) No private request to revise an official plan because of the subdivision of land will be considered by the Department unless the subdivision has received prior approval under municipal or county planning codes being implemented through Article VI of the Pennsylvania Municipalities Planning Code (53 P. S. §§ 10601--10619).
(d)] (c) Upon receipt of a private request for revision, the Department will notify the municipality and appropriate official planning agencies within the municipality, including a planning agency with areawide jurisdiction if one exists, under the Pennsylvania Municipalities Planning Code (53 P. S. §§ 10101--11202) and the existing county or joint county department of health of receipt of the private request and will [request] inform them that written comments [to] shall be submitted to the Department within [60] 45 days after the Department's receipt of the private request for revision. [The comments shall include a discussion of the compatibility of the proposed subdivision with municipal or county planning codes being implemented through the Pennsylvania Municipalities Planning Code.
(e)] (d) In arriving at its decision, the Department will consider[, at a minimum,] the following:
(1) The reasons advanced by the requesting [individual in comparison with comments and the] person.
(2) The reasons for denial advanced by the municipality.
[(2) Whether the proposed land use is consistent with § 71.21(a)(5)(i)--(iii) (relating to content of official plans).]
(3) Comments submitted [as required by subsection (d)] under this section.
(4) Whether the proposed sewage facilities and documentation supporting the proposed sewage facilities are consistent with this part.
[(4)] (5) ***
[(f)] (e) The Department will render its decision, and inform the person requesting the revision and the appropriate municipality, in writing, within 120 days [aften] after either receipt of the comments [required] permitted by [subsection (d)] this section or the expiration of [th 60] the 45-day comment period when no comments have been received or within an extended period if agreed to in writing by the person making the request.
(1) The Department's decision will specify the nature of the revision to the municipality's official plan that the municipality will be required to implement or the reasons for refusal. If the Department orders a requested revision, the order will specify time limits for plan completion, including interim deadlines and compliance schedules the Department deems necessary.
(2) If the Department refuses to order a revision requested under subsection (a), it will notify [th] the person who filed the request, in writing, of the reasons for the refusal.
(3) The Department may not refuse to order a requested revision because of inconsistencies with applicable zoning, subdivision or land development ordinances, but will make its order subject to limitations properly placed on the development of the property by the municipality under its zoning, subdivision or land development ordinances or by court orders.
OFFICIAL PLAN PREPARATION § 71.21. Content of official plans.
(a) A municipality shall either meet with the Department prior to completion of a Task/Activity Report or, submit a Task/Activity Report or other appropriate form prior to preparation of an official plan to determine which of the planning elements listed in this section are necessary to meet the specific needs of that municipality. A determination does not constitute a final Department action until the completed plan is submitted by the municipality and acted upon by the Department. If applicable to the specific planning needs of the municipality, as determined by the Department, the completed plan submitted to the Department shall:
* * * * * (2) Evaluate existing sewage facilities in the planning area through the following:
(i) An identification, mapping and description of municipal and nonmunicipal, individual and community sewerage systems in the planning area including:
* * * * * (B) A description of problems with the existing facilities, including existing or projected overload under Chapter 94 (relating to municipal wasteload management) or violations of a national pollutant discharge elimination system permit, [the] a Clean Streams Law permit or other permit, rule or regulation of the Department.
* * * * * (ii) An identification, mapping and description of areas that use individual and community onlot sewage systems in the planning area, including:
* * * * * (C) A comparison of the types of onlot sewage systems installed in an area with the types of systems which are appropriate for the area according to soil, geologic conditions and Chapter 73 (relating to standards for onlot sewage [disposal] treatment facilities).
* * * * * § 71.22. Coordination of official plans with Federally funded sewage facilities planning.
Planning for Federally funded sewage facilities under Subchapter II of the Clean Water Act (33 U.S.C.A. §§ 1281--1299) or State Revolving Funding under Title VI of the Water Quality Act of 1987 (33 U.S.C.A. §§ [1251--1376] 1382--1387) shall meet the requirements of § 71.31 (relating to municipal responsibility to review, adopt and implement official plans) and be approved by the Department as a revision to the municipal official plan.
OFFICIAL PLAN APPROVAL § 71.32. Department responsibility to review and act upon official plans.
* * * * * (b) Within 120 days after submission of a complete official plan or official plan revision, with supporting documentation, the Department will either approve or disapprove the plan or revision, except as provided in § 71.54(d) (related to Department administration of new land development planning requirements for revisions) for a plan revision for a residential subdivision plan.
* * * * * (f) In a municipality that does not have an official plan, or fails to revise or implement its official plan as required by an order of the Department or this part the following apply:
(1) The limitations on the issuance of permits under [section 7(b)(4) of the act (35 P. S. § 750.7(b)(4))] § 72.23(a) and (b) (relating to limitation on onlot system permit issuance) are in effect.
(2) The Department will not [approve a project requiring] issue a permit under section 5 of the Clean Streams Law (35 P. S. § 691.5) for projects in those areas of the municipality for which an official plan, official plan revision or implementation of an official plan is required.
[(3) The Department will not approve a revision for new land development in those areas of the municipality for which an official plan, update revision or implementation of an official plan is required.
(4) The municipality or local planning agency may not approve a subdivision plan nor issue a building permit in those areas of the municipality where the official plan is inadequate or not being substantially implemented.]
(3) 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 do one of the following:
(i) Submit an update revision or special study.
(ii) Implement its plan as required by an order of the Department or this part.
(4) A supplement or revision for new land development will not be denied, nor will an exception to the requirement to revise be found inadequate, solely because an update revision or special study is under review by the Department.
(5) Every contract for the sale of a lot which is located within an area in which permit limitations are in effect and which is subject to permit limitations under this chapter shall contain a statement in the sales contract that clearly indicates to the buyer that sewage facilities are not available for that lot and that sewage facilities will not be available. This statement shall also clearly state that construction of a structure on the lot may not begin until the Department has approved a major planning requirement, including, but not limited to, a plan update revision or a special study.
(g) The limitations on permit issuance contained in § 72.23(a) and (b) do not apply when the provisions of § 72.23(d) have been met.
(Editor's Note: Proposed changes to § 71.32(b) appeared in the August 5, 1995, proposal.)
PLANNING GRANTS § 71.41. Grants for the preparation of official plans.
Under section 6 of the act (35 P. S. § 750.6) and §§ 71.42 and 71.43 (relating to application for grants; and approval of grants), the Department will administer grants to municipalities, counties and authorities for preparing update revisions and special studies to the extent of the appropriations made by the General Assembly for that purpose. Municipalities, counties and authorities intending to apply for the grants shall submit to the Department an outline of the proposed plan content, time schedule for plan completion and estimated cost by planning task on [the Department's Task/Activity Report] a form provided by the Department or other [acceptable] form acceptable to the Department prior to beginning the plan. Costs for completion of planning activities outside the scope of the proposed plan content are not eligible for a grant unless proposals for inclusion of additional activities and increased costs associated with these activities have been submitted to and approved by the Department and are within the scope of the act.
§ 71.43. Approval of grants.
* * * * * (d) The Department may pay planning grants for joint municipal plans submitted under § 71.12(b) (relating to municipal responsibility to revise plans) without official adoption of the plan from participating municipalities when:
* * * * * (3) The Department has notified the municipality not adopting the joint-municipal plan that [their] its official plan is in a disapproved status; or has determined that the municipality's official plan adequately addresses the existing and future sewage disposal needs of the municipality.
* * * * * § 71.44. Duplicate planning.
The Department will not pay grants under the act for information which has been completed previously or collaterally under local, State or Federal funding programs. The plan shall incorporate this information by reference.
Subchapter C. NEW LAND DEVELOPMENT
PLAN REVISIONS § 71.51. General.
(a) A municipality shall revise its official plan when:
(1) A new subdivision is proposed, except as provided by § 71.55 (relating to exceptions to the requirement to revise the official plan for new land development) or subsection (b).
* * * * * (b) Except for new land developments proposing the use of retaining tanks, exemptions from sewage facilities planning for new land development will be processed as follows:
(1) Revisions for new land development, exceptions to the requirement to revise and supplements are not required, and permits for onlot systems using a soil absorption area or a spray field may be issued without this planning, when the Department or, in the case of supplements, a delegated agency determines that the following have been met:
(i) The official plan shows that those areas of the municipality are to be served by onlot sewage disposal facilities using a soil absorption area or a spray field as confirmed by signature of the municipal officials.
(ii) The area proposed for the use of individual or community sewage systems is not underlain by carbonate geology nor is this area within 1/4 mile of water supplies documented not to exceed 5ppm nitrate-nitrogen as confirmed by the Department from a USGS geology map or sampling data.
(iii) The area proposed for development is outside of high quality or exceptional value watersheds established under the regulations and policies promulgated under the Clean Streams Law as confirmed by the Department from the location of the new land development on a USGS topographic quadrangle map.
(iv) Subdivided lots and the remaining portion of the original tract after subdivision are 1 acre or larger as confirmed by signature of the applicant.
(v) Complete soils testing and site evaluation establish that separate sites are available for both a permittable primary soil absorption area or spray field and a replacement soil absorption area or spray field on each lot of the subdivision as confirmed by a signed report of the sewage enforcement officer serving the municipality in which the new land development is proposed.
(2) Revisions for new land development and supplements are not required for subdivisions proposing a connection to or an extension of public sewers when the following occur:
(i) The Department or delegated agency determines that existing collection, conveyance and treatment facilities are in compliance with the Clean Streams Law and the rules and regulations promulgated thereunder.
(ii) The Department or delegated agency determines that the permittees of the receiving sewerage facilities have submitted information under Chapter 94 (relating to municipal wasteload management) which documents that the existing collection, conveyance and treatment system does not have an existing hydraulic or organic overload or 5-year projected overload.
(iii) The applicant has provided written certification from the permittees of the collection, conveyance and treatment facilities to the municipality or delegated agency in which the subdivision is located that there is capacity to receive and treat the sewage flows from the applicant's proposed new land development and that the additional wasteload from the proposed new land development will not create a hydraulic or organic overload or 5-year projected overload.
(iv) The municipality has a current approved sewage facilities plan update revision which is being implemented. For the purposes of exempting a subdivision from completing sewage facilities planning under this section, the phrase ''a current approved sewage facilities plan update revision which is being implemented'' shall include official plans of municipalities which are not under an order from the Department to submit an update revision or special study for the area in which the subdivision is proposed.
(3) The Department will provide delegated agencies sufficient information to make the required determinations under paragraph (1)(iii), (2)(i), (2)(ii) and (2)(iv). When the determination under paragraph (1) or (2) is made by a delegated agency, that agency shall submit to the Department quarterly reports which include the names of the subdivisions, location of the subdivisions, number of lots and projected sewage flows for each subdivision exempted from the planning provisions under this subsection.
(4) Information in support of a request for a sewage facilities planning exemption under this section shall be submitted on a form provided by the Department.
(5) This subsection does not apply to new land development proposals intended to be served by sewage facilities which require or which must apply for a new or modified permit from the Department under the Clean Streams Law.
§ 71.53. Municipal administration of new land development planning requirements for revisions.
* * * * * (b) The municipality shall review [and act upon a complete] sewage facilities planning [module within 60 days of] modules upon receipt and, if appropriate comments have not been received under subsection (d)(2) and (5), shall forward a copy of the sewage facilities planning modules to the sewage enforcement officer and appropriate planning or zoning agencies within 10 days of receipt. The municipality shall determine if the submittal of the sewage facilities planning module is complete within 10 days of the receipt of comments from the sewage enforcement officer and appropriate planning or zoning agencies. The municipality shall review and act upon a complete sewage facilities planning module proposing a revision for new land development within 60 days of receipt or additional time as the applicant and municipality may agree to in writing. Failure of the municipality to act within the 60-day period or an agreed-to extension will cause the revision for new land development to be deemed approved by the municipality and the complete sewage facilities planning module shall be submitted to the Department by the municipality or applicant. Documentation of the period of time the revision was in possession of the municipality shall be in the form of a completeness checklist signed by an official of the municipality confirming that the requirements of subsection (d) have been met.
* * * * * (d) For the purposes of this section, no plan revision for new land development will be considered complete unless it includes the following:
* * * * * (6) Evidence documenting newspaper publication [--which meets]. The newspaper publication may be provided by the applicant or the applicant's agent, the municipality or the local agency by publication in a newspaper of general circulation within the municipality affected. When an applicant or an applicant's agent provides the required notice for publication, the applicant or applicant's agent shall notify the municipality or local agency and the municipality and local agency will be relieved of the obligation to publish. The newspaper notice shall notify the public where the plan is available for review and indicate that all comments regarding the proposal shall be sent to the municipality within which the new land development is proposed. The newspaper publication shall meet the requirement of § 71.31(c)[--] and provide notice of the proposed plan adoption action when the proposal involves one of the following:
* * * * * (iii) Will result in a public expenditure in excess of $100,000 for the sewage facilities portion of a project.
* * * * * (f) A municipality may refuse to adopt a proposed revision to [their] its official plan for new land development for the following reasons, including, but not limited to:
* * * * * (h) A municipality may not adopt a proposed revision to the official plan, conditionally or otherwise, until it determines that the proposal complies with [applicable] sewage related municipal zoning, land use or other municipal comprehensive plans. If changes to the proposed revision or the applicable plan, regulation or ordinance are necessary, the changes shall be completed prior to adoption of the revision by the municipality.
* * * * * § 71.54. Department administration of new land development planning requirements for revisions.
(a) [No] A proposed plan revision for new land development will not be approved by the Department unless it contains the information and supporting documentation required by the act, the Clean Streams Law and regulations promulgated thereunder.
(b) [No] A proposed plan revision for new land development will not be considered for approval unless accompanied by the information required in § 71.53(d) (relating to municipal administration of new land development planning requirements for revisions) and processing fees for the Department's review of the sewage facilities planning module. For the purpose of this section, the Department will determine whether a submission for a residential subdivision plan is complete in accordance with § 71.53(d) within 10 working days of its receipt by the Department.
(c) When a municipality does not have an approved official plan, or fails to revise or implement an official plan when required[:
(1) Section] §§ 71.32(f) and 72.23(a) and (b) (relating to Department responsibility to review and act upon official plans; and limitation on onlot system permit issuance) [applies] apply.
[(2) The exceptions to the requirements to revise the official plan for new land development in § 71.55 (relating to exceptions to the requirement to revise the official plan for new land development) do not apply.]
(d) Within 120 days after [receipt of a complete] the Department has determined that a proposed plan revision and documentation is complete, the Department will approve or disapprove the proposed plan revision, except that the Department will approve or disapprove revisions for residential subdivision plans within 60 days from the date the Department determines a submission is complete.
* * * * * (Editor's Note: Section 71.54(b) and (d) were proposed to be amended in the August 5, 1995, proposal.)
§ 71.55. Exceptions to the requirement to revise the official plan for new land development.
(a) A municipality does not have to revise its official plan when the Department determines that the proposal is for the use of individual onlot sewage systems serving detached single family dwelling units in a subdivision of ten lots or less and the following apply:
* * * * * (4) The proposal is consistent with the requirements of § 71.21(a)(5)[(i)--] (iii) (relating to content of official plans).
* * * * * (c) [Municipalities shall comply with § 71.53(a) and (b) (relating to municipal administration of new land development planning requirements for revisions) when reviewing the proposals.] The municipality shall review sewage facilities planning modules upon receipt. If appropriate documenta-tion and comments required by subsection (b) were not included in the planning module, the municipality shall forward a copy of the sewage facilities planning module to the sewage enforcement officer and appropriate planning or zoning agency within 10 days of receipt. The municipality shall review and act upon an application for an exception to the requirement to revise an official plan within 60 days of receipt of a complete sewage facilities planning module or additional time that the applicant and municipality may agree to in writing. Failure of the municipality to act within the 60-day period or an agreed-to time extension shall cause the application for the exception to the requirement to revise to be deemed approved by the municipality and the complete application shall then be submitted to the Department by the municipality or the applicant. Documentation of the period of time the exception to the requirement to revise was in possession of the municipality shall be in the form of a completeness checklist signed by a municipal official confirming that the requirements of subsections (a) and (b) have been met.
(d) [Proposals qualifying under this section shall be considered adequate if the Department does not respond within 60] The Department may act on requests for exceptions to the requirement to revise official plans within 30 days of the Department's receipt of the properly completed and submitted components of the Department's sewage facilities planning module [along with], proper written documentation and [the sewage facility planning module meets the requirements of this chapter] processing fees for the Department's review of the sewage facilities planning module. If the Department fails to act within the 30-day period, the exception to the requirement to revise the official plan shall be deemed to be applicable.
§ 71.58. Delegation of new land development planning.
(a) The Department may, by agreement, delegate to a local agency, multimunicipal local agency or county or joint county department of health the power and duty to require the submittal of and review, and to approve or disapprove sewage facilities planning modules for new land development which are submitted on planning module forms and other documents provided by the Department. Additionally, the following applies:
(1) Sewage facilities planning modules approved by a delegated agency under this section do not constitute a revision or exception to the requirement to revise under this chapter but shall be a supplement to the official sewage facilities plan.
(2) Delegated agencies may assess fees for the review of supplements under this section. Fees received under this section shall be used solely for the purpose of administering the delegated powers and duties related to the new land development planning provisions of this section.
(3) The Department may limit the review of supplements in the delegation agreements to specific classifications of sewage facilities or new land developments.
(4) When delegation is requested, § 72.44(c) and (d) (relating to reimbursement) shall be met as a prerequisite to the delegation.
(5) Delegation of the review and approval of supplements for new land development may be granted by the Department if the local agency or county or joint county department of health has adequately documented the following to the Department:
(i) The municipalities or counties to be included in the delegation agreement have municipal or countywide subdivision and land development ordinances in effect under the Pennsylvania Municipalities Planning Code (53 P. S. §§ 10101--11202).
(ii) The municipalities to be included in the delegation agreement have a current official sewage facilities plan which is being implemented in accordance with the content of the plan's implementation schedule and the provisions of the act, the Clean Streams Law and this part. For the purposes of determining qualifications for delegation under this section, the phrase ''current official sewage facilities plan which is being implemented'' shall include official plans of municipalities which are not under an order from the Department to submit an update revision or special study for the area in which the subdivision is proposed.
(iii) The municipalities or counties to be included in the delegation agreement have municipal or countywide subdivision and land development ordinances in effect which require:
(A) Sewage facilities planning approval as a condition attached to final plat approval under the Pennsylvania Municipalities Planning Code.
(B) Documentation that sewage facilities planning is not required under this part.
(iv) When delegation is requested for the review of new land developments proposing the use of public sewerage facilities which do not require a new or modified permit under the Clean Streams Law, the delegation agreement includes coordination procedures to be used with the Department to assure continued compliance with the municipal wasteload management provisions of the Clean Streams Law.
(v) The local agency and any sewage enforcement officer employed by the local agency serving the municipalities to be included in the delegation agreement have not been issued a notice of violation or order by the Department for a violation of the act or the rules and regulations promulgated thereunder for the prior 3 years as determined by the Department.
(vi) A workload analysis is completed by the entity requesting delegation which analyzes the volume of work anticipated and the staffing and support resources needed to administer the program and documents that the fees proposed to be charged by the delegated agency to administer the sewage facilities planning reviews are sufficient to allow the delegated agency to act upon supplements within the time limits established by this chapter.
(vii) The administrative procedures, rules, regulations, fee schedules and contracts for services and applicable municipal ordinances, rules and regulations proposed for use by the delegated agency in the administration of the delegated provisions of this chapter are listed. Delegated agencies shall use forms provided by the Department for the submittal and review of all supplements.
(6) Supplements to an official plan shall be prepared by the person proposing the new land development and shall be reviewed and acted upon by the delegated agency. Within 10 days of the approval or disapproval of the supplement, a copy of the completed planning modules and the approval or disapproval letter of the delegated agency shall be submitted to the Department by the delegated agency.
(7) The failure of or refusal of a municipality, local agency, multimunicipal local agency or county or joint county department of health to enter into a delegation agreement may not influence the eligibility of the local agency serving that municipality or the local agency itself to receive 85% reimbursement under Chapter 72 (relating to administration of sewage facilities permitting program).
(b) The Department will review the delegated agencies' performance of the duties established by delegation agreements under this section and may revoke the agreements for cause.
§ 71.59. Delegated agency administration of new land development planning requirements.
(a) When the Department has delegated the authority to review and approve subdivisions for new land developments to a delegated agency, the regulatory provisions of the Department in §§ 71.54 and 71.55 (relating to Department administration of new land development planning requirements for revisions; and exceptions to the requirement to revise the official plan for new land development) shall be administered by the delegated agency except that the time limits for review shall be in accordance with subsection (c).
(b) A new land development proposal submitted as a revision or an exception to the requirement to revise may be approved by the delegated agency as the submission of a supplement to the official plan of the municipality.
(c) The delegated agency shall determine if a submission is complete within 10 days of its receipt. Delegated agencies shall approve or disapprove supplements within 60 days of the date of a complete submission or additional time that the applicant and delegated agency may agree to in writing.
(d) A copy of each supplement approved by a delegated agency shall be forwarded to the Department in accordance with § 71.58(a)(6) (relating to delegation of new land development planning). No additional approval by the Department is required.
(e) Where planning modules for new land development propose service by sewerage facilities requiring a new or modified permit from the Department under the Clean Streams Law, the new land development planning module shall be forwarded to the Department for final action.
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