[26 Pa.B. 1491]
[Continued from previous Web Page] § 72.26. Denial of permits.
* * * * * (b) The sewage enforcement officer shall accept prior testing data and information obtained by a previous sewage enforcement officer, provided that the site and prior testing is certified by the previous Sewage Enforcement Officer and meets all of the criteria contained in paragraphs (1)--10 and the current Sewage Enforcement Officer certifies the same to the local agency using a ''verification of prior testing'' form provided by the Department. There shall be a presumption that, unless the prior Sewage Enforcement Officer's certification has been revoked or suspended by the Department or the prior Sewage Enforcement Officer's certification has been voluntarily surrendered to the Department or Certification Board, the testing data and information obtained by the prior Sewage Enforcement Officer is valid unless the currently employed Sewage Enforcement Officer finds that one or more of the criteria in the following paragraphs are not met:
(1) The soil testing performed on the property in question has not been cited in a revocation, suspension or other agreement to surrender certification which indicates violations of soil testing procedures by the previous Sewage Enforcement Officer.
(2) The exact location of the test to be used for issuance of a permit shall be verifiable by at least one of the following methods:
(i) Location of the test pit and percolation hole remnants on the lot by the current sewage enforcement officer.
(ii) The existence of recorded measurements from at least two permanent landmarks on the property in question establishing the original test location.
(iii) A scale drawing of the lot or property in question indicating the location of the tests by reference to at least two permanent landmarks.
(iv) Identification of the exact location of the tests by the prior Sewage Enforcement Officer, provided that his certification has not been revoked, suspended or voluntarily surrendered to the Department or Certification Board.
(3) Verification that the percolation test and soils evaluation were conducted in accordance with the applicable regulations.
(4) Soils description and percolation test data are available and recorded on the prescribed form, or its equivalent, in sufficient quantity and quality to be interpreted by others.
(5) The soil probes were conducted within 10 feet of the proposed absorption area.
(6) The percolation test on the lot was performed on the site of the proposed absorption area.
(7) The person who originally observed or conducted the testing was certified under the current certification requirements of the act.
(8) No inaccuracies or falsifications of the test data are apparent or identifiable.
(9) No changes to the site have occurred since the time of the original testing which will materially affect the siting or operation of an individual or community onlot sewage disposal system.
(10) Receipt of a notarized statement from the property owner which indemnifies and holds harmless the new Sewage Enforcement Officer, municipality and local agency for the actions of the new Sewage Enforcement Officer in verifying the prior testing data and information obtained by a previous Sewage Enforcement Officer.
(c) If, after conducting a verification of prior testing under subsection (b), a Sewage Enforcement Officer denies an application for a permit or rejects the previous tests performed within the immediately preceding 6 years, retesting and reapplication fees shall be waived to the applicant and the local agency shall pay for any equipment and operators required for a retest and for any necessary redesign of the system if:
(1) The tests were certified by signature of a Sewage Enforcement Officer.
(2) Local agency records document that the Sewage Enforcement Officer who certified the tests was employed or under contract with the local agency at the time the testing was conducted and certified.
(3) The testing documents soils and site suitability for onlot sewage disposal.
(d) The provisions of subsection (c) do not apply if the local agency documents that one of the following exists:
(1) Changes have occurred in the physical condition of lands which will materially affect the siting or operation of an individual or community onlot sewage disposal system covered by a permit as verified by the Sewage Enforcement Officer conducting the testing in accordance with the criteria outlined in subsection (b).
(2) The original soils testing was performed by a Sewage Enforcement Officer whose certification was one of the following:
(i) Revoked by the Department and any subsequent appeal denied.
(ii) Voluntarily surrendered to avoid prosecution or a hearing.
(iii) Suspended by the Department for violations related to the siting, design or installation inspection of onlot systems.
(3) The soils testing and redesign required by the new Sewage Enforcement Officer has been conducted by the local agency using its staff and equipment or contracted services.
(4) The testing under review was conducted more than 6 years prior to the date of the submittal of a permit application for the lot in question.
[(b)] (e) ***
§ 72.27. Expiration and transfer of permits.
(a) A permit shall expire if construction or installation of an individual or community onlot sewage system and the structure for which the system is to be installed has not begun within [2] 3 years after permit issuance. A new permit shall be obtained prior to beginning the construction or installation. When issuing a new permit the local agency may require information necessary to confirm the validity of the original application as provided by § 72.26(b) (relating to denial of permits).
* * * * * § 72.28. Revocation of permits.
(a) A permit shall be revoked by the local agency at any time for one or more of the following reasons:
* * * * * (3) When information [material] relevant to the issuance of the permit has been falsified.
* * * * * § 72.31. Conditions related to the installation of permit exempt systems.
A person installing a permit-exempt system shall indemnify and hold harmless the Commonwealth, the Local Agency, the Sewage Enforcement Officer serving the municipality in which the system is located and the municipality where the system is located from and against damages to property or injuries to any persons and other losses, damages, expenses, claims, demands, suits and actions by any party against the Commonwealth, the Local Agency, Sewage Enforcement Officer and the municipality in connection with the malfunctioning of the onlot sewage system installed under the permit exemption provisions of this section. It is the sole responsibility of the property owner who installed or contracted for the installation of a sewage system under the permit exemption provisions of this section or the property owner who accepted responsibility for the system upon purchase of the property under the disclosure provisions of § 72.32(a) (relating to sales contracts) to correct or have corrected any system malfunction which contaminates surface or groundwater or discharges to the surface of the ground. Malfunctions of systems installed under the provisions of this section which contaminate ground or surface water or discharge to the surface of the ground shall constitute a nuisance and shall be abatable in a manner provided by law.
(Editor's Note: The provisions of subsection (b) as originally proposed in the August 5, 1995, proposal has been incorporated in § 72.32(a) and (b). The language of subsection (b) has been retained, except that the reference to § 72.22(e) and (f) has been changed to § 72.22(d)--(f).)
§ 72.32. Sales contracts.
(a) Every contract for the sale of a lot which is served by an individual sewage system which was installed under the 10-acre permit exemption provisions of § 72.22(d)--(f) (relating to permit issuance) shall contain a statement in the contract that clearly indicates to the buyer that soils and site testing were not conducted and that the owner of the property or properties served by the system, at the time of a malfunction, may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as the result of the malfunction of a sewage system installed in accordance with the 10-acre permit exemption provisions of § 72.22(d)--(f).
(b) Every contract for the sale of a lot served by a holding tank, whether permanent or temporary, to which sewage is conveyed by a water carrying system and which is designed and constructed to facilitate ultimate disposal of the sewage at another site, shall contain a statement in the contract that clearly indicates that the property is served by such a tank and shall provide a history of the annual cost of maintaining the tank from the date of its installation or December 15, 1995, whichever is later.
(c) Every contract for sale of a lot which is served by an individual sewage system which was installed under § 72.33 (relating to well isolation distance exemption) with an isolation distance less than the distance specified by § 73.13 (relating to minimum horizontal isolation distances) shall contain a statement in the contract that clearly indicates to the buyer that the isolation distances required by regulation between the individual onlot system components and the well on the property being sold were not met.
(d) Every contract for the sale of a lot which is within an area in which permit limitations are in effect shall contain a statement in the contract that clearly indicates to the buyer that sewage facilities are not available for that lot and construction of a structure to be served by sewage facilities may not begin until the municipality completes a major planning requirement.
(e) A contract for the sale of a lot which does not conform to the requirements of this section is not enforceable by the seller against the buyer. Any term of such a contract purporting to waive the rights of the buyer to the disclosures required in this section shall be void.
§ 72.33. Well isolation distance exemption.
(a) Any minimum distance requirement between a private well and a proposed absorption area specified in Chapter 73 (relating to standards for onlot sewage treatment facilities) is not applicable if the local agency finds that the installation of a proposed individual sewage system does not pose a threat of pollution to any well on the same lot within the distance specified by regulation. The minimum distance between a proposed individual sewage system on the applicant's lot and any wells on any other lot, regardless of the ownership of that lot, shall meet the minimum horizontal isolation distances in § 73.13 (relating to minimum horizontal isolation distances) except as provided in § 73.3(b) (relating to policy).
(b) If a repair to a malfunctioning onlot system is being considered under § 73.3(b) the requirements of this section may be waived at the sole discretion of the local agency.
(c) The applicant shall submit a formal written request for a well isolation distance exemption to the local agency. The request shall include:
(1) Appropriate groundwater studies.
(2) Payment of fees or costs incurred by the local agency to review the groundwater study.
(d) Upon receipt of the items required in subsection (c), a local agency, other than a delegated agency, shall act upon an application for an exception under this section within 45 days after receipt of a request for an exception. A delegated agency shall act on an application for an exception under this section within 30 days after receipt of a request for exception.
(e) The local agency, municipality, Sewage Enforcement Officer and Department will incur no liability as a result of the local agency granting an exception under this section.
Subchapter C. ADMINISTRATION OF PERMITTING REQUIREMENTS § 72.41. Powers and duties of Sewage Enforcement Officers.
* * * * * (b) A Sewage Enforcement Officer shall issue permits only within the jurisdiction of the local agency in which the Sewage Enforcement Officer is employed. When a Sewage Enforcement Officer encounters a conflict of interest as specified in subsections [(e)--(h)] (f)--(k), the local agency shall employ a certified Sewage Enforcement Officer not having a conflict of interest regarding the system or lot. [The local agency shall notify the Sewage Enforcement Officer and the Department in writing of the specific conditions of employment, including, but not limited to, the following:]
(c) The local agency shall notify the Sewage Enforcement Officer and the Department in writing of the specific conditions of employment, including but not limited to, the following:
* * * * * [(c)] (d) A Sewage Enforcement Officer shall [only] accept payment only from the local agency for services performed in conjunction with administration of the act.
(Editor's Note: Subsections (b) and (c) were proposed to be amended in the August 5, 1995, proposal.)
[(d)] (e) ***
* * * * * (2) The fee is rendered in accordance with the local agency's adopted receipt system as required by § 72.42[(a)](7) (relating to powers and duties of local agencies.
* * * * * [(e)] (f) A Sewage Enforcement Officer may advise an applicant regarding available options for the planning, design and construction of an individual or community onlot disposal system, but may not select the final system design, as specified in subsection [(f)](g) except as provided by subsection (i).
[(f)] (g) ***
(h) A Sewage Enforcement Officer may not, orally or in writing, suggest, recommend or require the use of any particular consultant, soil scientist or professional engineer, or an individual or firm providing these services where these services may be required or are subject to review under this article.
(i) A Sewage Enforcement Officer may not perform consulting or design work or related services required or regulated under the act within the municipality or local agency by which he is employed or with which he has a contractual relationship unless the services are set in the fee schedule of the local agency, the fees are paid directly to the local agency and the records and products relating to consultation or design work are reviewed by and any subsequent permit is issued by another Sewage Enforcement Officer employed by or under contract with the same local agency.
[(g)] (j) A Sewage Enforcement Officer may not conduct a test, issue a permit, participate in the official processing of an application or official review of a planning module for an individual or community onlot sewage system in which the Sewage Enforcement Officer, a relative of the Sewage Enforcement Officer, a business associate of the Sewage Enforcement Officer or an employer of the Sewage Enforcement Officer, other than the local agency, has a financial interest.
(Editor's Note: The provisions of this subsection were renumbered in the August 5, 1995 Pennsylvania Bulletin changing subsection (g) to (h). In this proposed rulemaking (g) is changed to (j).)
[(h)] (k) For purposes of subsection [(g)](j), a financial interest includes full or partial ownership, agreement or option to purchase, leasehold, mortgage or another financial or proprietary interest in; or serving as an officer, director, employe, contractor, consultant, or another legal or fiduciary representative of a corporation, partnership, joint venture or other legal entity which has a [property] proprietary interest in [any] one or more of the following:
(Editor's Note: The provisions of this subsection were renumbered in the August 5, 1995 Pennsylvania Bulletin changing subsection (h) to (i). In this proposed rulemaking (h) has been changed to (k).)
* * * * * [(i)] (l) Prior to issuing a permit, the Sewage Enforcement Officer shall conduct personally, observe or otherwise confirm in a manner approved by the Department all tests used to determine the suitability of a site for an individual or community onlot sewage system. A Sewage Enforcement Officer shall accept testing conducted by a prior Sewage Enforcement Officer for the local agency provided the site, data and prior testing meet all the criteria specified in [Section 8(c) of the act (35 P. S. § 750.8(c))] § 72.26(b)--(d). When a Sewage Enforcement Officer accepts testing by a prior officer, a copy of the Form ER-BWQ-290, Appendix B or such other form as may be specified by the Department, shall be attached to each copy of the permit application.
(Editor's Note: The reference to section 8(c) of the act in the August 5, 1995, Pennsylvania Bulletin has been replaced by referring to § 72.26(b)--(d).
[(j)] (m) ***
[(k)] (n) ***
[(1)] (o) ***
[(m)] (p) ***
[(n)] (q) ***
§ 72.42. Powers and duties of local agencies.
(a) The local agency [shall have] has the power and duty to:
(1) Employ or contract with Sewage Enforcement Officers to administer section 7 of the act (35 P. S. § 750.7) and this part.
(2) Employ or contract with other technical and administrative personnel necessary to support the activities of the Sewage Enforcement Officer.
(3) Set rates of compensation for the Sewage Enforcement Officer and other employes necessary for the administration of the act by the local agency.
* * * * * (11) Submit to the Department annually the name and address of its certified Sewage Enforcement Officer and alternate Sewage Enforcement Officer.
(12) Make or cause to be made inspections and tests necessary to carry out [Section] sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act [(35 P. S. § 750.7)]. For this purpose, the authorized representatives of the local agency have the right to enter upon lands.
(13) Proceed under sections 7, 8, 12, 13, 13.1, 13.2(b) 14, [and] 15 and 16 of the act [(35 P. S. §§ 750.12, 750.14 and 750.15)] to restrain violations of the act and this part, and to abate nuisances in accordance with existing statutes, or as defined in the act.
(14) County or joint county Departments of Health shall administer sections 7, 8, 12, 13, 13.1, 14, 15, and 16 of the act in the area subject to their jurisdiction. A county Health Department and joint county Departments of Health may also administer the continuing maintenance provisions of § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies) when the municipality relinquishes and the county Health Department or joint county Department of Health accepts such authority and conforms with the requirements of § 71.73.
[(14)] (15) ***
[(15)] (16) ***
(17) When applicable, establish a program for requiring, verifying, forfeiting, administering and enforcing the provision of financial assurances in accordance with § 73.151 (relating to standards for financial assurances). Costs for administering this program shall be included in the fee schedule of the local agency.
(Editor's Note: This paragraph was proposed in the August 5, 1995, Pennsylvania Bulletin as paragraph (16). The language is otherwise identical.)
(18) Adopt by resolution a list of individuals who are Sewage Enforcement Officers employed by companies or corporations under contract with the local agency to perform the services of Sewage Enforcement Officers.
(19) Set and collect fees necessary to support the administrative and personnel costs of a maintenance inspection and enforcement program.
(20) Charge for engineering or consulting services required by the local agency to complete its review or a permit application. The application or review fees charged for these services shall be reasonable and in accordance with the ordinary and customary charges by the engineer or consultant for similar service in the community, and the fees may not exceed the rate or cost charged by the engineer or consultant to the local agency when fees are not reimbursed by or otherwise imposed on applicants.
(i) If the applicant disputes the amount of any fees or charges, the applicant shall, within 10 working days of the date of billing, notify the local agency that the fees or expenses are disputed as unreasonable or unnecessary, in which case the local agency may not delay or disapprove an application for any approval or permit due to the applicant's dispute over fees or charges.
(ii) If, within 20 days from the date of billing, the local agency and the applicant cannot agree on the amount of fees or charges which are reasonable and necessary, the applicant and local agency shall comply with the procedure established in section 8(b)(4) of the act (35 P. S. § 750.8(b)(4)) to resolve the fee or charge dispute.
(21) Complete and provide to the applicant the results of any site suitability review, soil probe testing and soil percolation testing within 20 working days of the local agency's receipt of a permit application.
(i) The testing and results of the testing may be deferred to a later date that the applicant may request in writing or by a later date agreed to by the sewage enforcement officer and the applicant, which is confirmed in writing by the Sewage Enforcement Officer.
(ii) A one-call system serial number shall be obtained prior to soil testing by the permit applicant or the contractor retained by the applicant to perform the test excavation. This notification shall take place no less than 3 and no more than 10 working days prior to the excavation. The deadline for permit review by the local agency in this subsection does not apply to an applicant who fails to comply with the one-call system notification requirement.
(iii) It shall be the obligation of the applicant to have the site prepared in the manner required by written instructions provided to the applicant after receipt of at least 48 hours' notice from the local agency or Sewage Enforcement Officer of the anticipated time the soils tests will be performed. Written instructions shall include provisions for deferral of testing due to weather.
(iv) Failure of the local agency to comply with these time limits shall entitle the applicant, upon request, to a refund of fees paid by the applicant for soil testing that was not performed by the local agency, and the applicant shall be entitled to submit results of soils tests, on forms provided by the Department, conducted in a manner consistent with this article by a certified Sewage Enforcement Officer, who need not be employed by or under contract with the local agency. These test results shall be accepted by the local agency and its Sewage Enforcement Officer, who shall rely upon the results of these tests in acting on an application.
(v) If an applicant, after receiving the notice of testing, fails to have the site prepared for soil testing in a manner required by this section, the applicant does not have the right to submit the results of soils testing performed by a certified Sewage Enforcement Officer not employed by or under contract with the local agency, nor is the applicant entitled to a refund of fees paid for soil testing as provided in this section.
(vi) Neither the municipality, local agency, local agency's Sewage Enforcement Officer nor the Department will be held liable on a cause of action arising out of soil tests performed under this section by a certified Sewage Enforcement Officer not employed by or under contract with the local agency.
(22) Make inspections of and verify measurements made by applicants on public or private properties which are determined by the local agency's authorized representative to have natural or manmade features from which specific isolation distances are required prior to the approval of onlot sewage disposal system usage in subdivisions or individual lots. The local agency's authorized representative shall have the right to enter upon lands for these purposes.
(23) Determine if a proposed individual residential spray irrigation system will create a nuisance or adversely impact existing and proposed drinking water supplies and report this information to any affected municipality served by the local agency.
(24) Assure that an individual residential spray irrigation system discharge is sampled at least once per year by the property owner through a certified testing laboratory for fecal coliforms, biological oxygen demand, suspended solids and disinfectant residual or effectiveness. Individual effluent samples may not exceed a BOD5 of 60 mg/l and suspended solids concentration of 100 mg/l. Chlorine residual shall be maintained at a range of 1.0--2.0 ppm unless a higher level is required to control disease producing organisms. This disinfection shall produce an effluent which will contain a concentration not greater than 200/100 milliliters of fecal coliform organisms in a single sample. The local agency shall review the results of these samples and the most recent system inspection conducted under § 73.167 (relating to operation and maintenance) and take necessary action to resolve operational or maintenance problems identified through the sample results. Additional sampling may be required by the local agency if the annual sample documents a problem.
(b) The local agency may offer a program to provide financial assurance, for a fee, for systems installed under § 73.77 (relating to bonded disposal systems). Financial assurance provided by the local agency shall comply with the requirements of § 73.151 (relating to standards for financial assurances).
(c) The local agency may not orally or in writing, suggest, recommend or require the use of a particular consultant, soil scientist or professional engineer, or an individual or firm providing these services where the services may be required or are subject to review under this part.
(Editor's Note: Subsection (b) was proposed to be added in the August 5, 1995, proposal.)
§ 72.43. Powers and duties of the Department.
(a) The Department is empowered to review the performance of local agencies and their Sewage Enforcement Officers in the administration of [section] sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 and 16 of the act [(35 P. S. § 750.7)].
* * * * * (c) If the Department finds that a local agency has failed to effectively administer [section] sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 or 16 of the act [(35 P. S. § 750.7)] or this part, the Department, in addition to other remedies it may seek at law or in equity, may order the local agency to take actions the Department deems necessary to obtain effective administration. These actions may include, but are not limited to:
* * * * * (f) The Department will suspend a Sewage Enforcement Officer's certification if the Department determines that the Sewage Enforcement Officer has done one of the following:
* * * * * (3) Demonstrated negligence or provided false information related to the administration of the act or this part and for knowingly committing violations of this part which are not related to the issuance of a permit.
(g) The Department may reinstate the certification of a person within 2 years from the date of suspension. Prior to reinstatement, the Department will require, as a minimum, that the person take and pass the appropriate certification examination administered by the certification board. The Department may require satisfactory completion of a special training program designed to strengthen a specific weakness in the administration of the act or this part. The program may entail the use of testing procedures including, but not limited to:
* * * * * (h) The Department will revoke the certification of a Sewage Enforcement Officer whenever the Department determines that the Sewage Enforcement Officer has done one of the following:
* * * * * (3) Failed to comply with the applicable terms of a Departmental order for effective administration of [section] sections 7, 8, 12, 13, 13.1, 13.2(B), 14, 15 and 16 of the act [(35 P. S. § 750.7)].
* * * * * (13) Demonstrated negligence or knowingly provided false information related to the administration of the act or this part and for violations of the act or this part which are not related to the issuance of a permit.
(i) The Department will consider complaints filed by local agencies or the public relating to the performance of local Sewage Enforcement Officers as part of the Department's evaluation of the local agency and Sewage Enforcement Officer.
(j) The Department may establish minimum training requirements using a Department curriculum of training as a prerequisite for applicants for certification as Sewage Enforcement Officers. The curriculum may include a period of training under another certified Sewage Enforcement Officer selected by the Department as a prerequisite to certification for candidates who pass the certification test.
(k) The Department may require a certified Sewage Enforcement Officer whose performance has been evaluated and found deficient to complete a training course which may include a curriculum of training or a period of training under the direction of another certified Sewage Enforcement Officer selected by the Department a time period established by the Department.
(1) The Department may require this training as an alternative to suspension or as a requirement for reinstatement of a suspended certification.
(2) The local agency employing the training Sewage Enforcement Officer shall authorize that officer to provide the training services within the jurisdiction of that local agency.
(3) The costs of Department-required training incurred by the training Sewage Enforcement Officer and the local agency employing the training Sewage Enforcement Officer shall be paid by the Department from funds made available under section 13.2 of the act (35 P. S. § 750.13b).
(l) The Department may delegate the review of certain alternate sewage systems as designated by the Department to Sewage Enforcement Officers, within the area of their jurisdiction, qualified by the Department to review the systems.
(m) The Department has the duty to require local agencies to take necessary action to provide timely service, including, but not limited to, utilizing the services of an alternate Sewage Enforcement Officer, employing temporary Sewage Enforcement Officers and entering into contracts for service.
§ 72.44. Reimbursement.
(a) Reimbursement may not exceed the total program cost minus total program income.
(b) [Reimbursement may not exceed the total program cost minus total program income--net program cost] Except as provided in subsection (c) [The] the Department will reimburse local agencies to the extent of the appropriations made by the General Assembly for that purpose. Reimbursement shall be made annually in an amount equal to 1/2 of eligible expenses of administering and enforcing [section] sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act [(35 P. S. § 750.7)], as defined by subsections [(f)] (h) and [(g)] (i).
(c) A local agency complying with the act in a manner deemed satisfactory by the Department shall be reimbursed in an amount equal to 85% of the cost of the expenses incurred in the administration and enforcement of the act from funds specifically appropriated by the General Assembly for this purpose if the local agency submits documentation which supports that it qualifies for the increased reimbursement as provided in subsection (d). Eligible expenses are defined in subsections (h) and (i).
(d) To qualify for 85% reimbursement, a local agency shall:
(1) Document the acceptance, delegation or transfer of the administration of sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act from one or more municipalities.
(2) Employ or contract with at least one Sewage Enforcement Officer actively engaged in activities related to the administration of the act in that local agency at least 1,200 hours per year, including leave and holidays.
(3) Employ or contract with adequate administrative support staff.
(4) Employ or contract with one alternate Sewage Enforcement Officer.
(5) Employ or contract with a qualified soil scientist. For the purposes of this section, a qualified soil scientist is a person who has documented experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of an onlot sewage system and who has a bachelor of science degree in soils science from an accredited college or university, and certification by the American Registry of Certified Professionals in Agronomy, Crops and Soils or membership in the Pennsylvania Association of Professional Soil Scientists.
(6) Submit to the Department for review and comment administrative procedures, permit procedures, ordinances of the member municipalities related to the administration of the act, rules, regulations, permit-related fee schedules and contracted services proposed for use in the local agency.
(7) Employ or have a contractual arrangement with sufficient technical staff to provide for local agency response to signed written requests for service within the time frames established by the administrative procedures and regulations of the local agency.
[(c)] (e) Applications for reimbursement shall be in quadruplicate, on the appropriate form supplied by the Department, and received by the Department of Environmental [Resources] Protection, Post Office Box 8466, Harrisburg, Pennsylvania 17105-8466, no later than March 1 each year for expenses incurred during the prior calendar year. [With prior approval and for good cause, the Department may extend the March 1 deadline to March 15.] Upon cause shown, the Secretary of the Department may extend the March 1 deadline for the filing of applications for reimbursement for not more than 60 days.
[(d)] (f) Applications for reimbursement shall include the following:
* * * * * (4) Municipal ordinances, acts, regulations or procedures used in enforcing the act for local agencies applying for reimbursement for the first time or when major changes are made.
* * * * * (6) Proof of payment of expenses claimed, as specified in subsection [(h)] (j).
* * * * * [(e)] (g) ***
[(f)] (h) Costs associated with the following are eligible for reimbursement, when related to enforcement and administration of the sewage facilities permitting program or the administration of a sewage management program under §§ 71.64 and 71.72 (relating to small flow treatment facilities Chapter 71 Subchapter E).
* * * * * [(g)] (i) Ineligible costs include, but are not limited, to the following:
* * * * * (9) Cost to the local agency to maintain insurance coverage in the following areas:
(i) Errors and omissions except as provided in subsection [(f)] (h)(6)(iv).
* * * * * (11) Expenses for employe attendance at local agency meetings which do not pertain to administration of sections 7, [and] 8, 12, 13, 13.1, 14, 15 or 16 of the act [(35 P. S. §§ 750.7 and 750.8)].
(12) Fixed or indirect costs other than those in subsection [(f)(5)] (h)(5).
[(h)] (j) Proof of payment of expenses claimed shall, at a minimum, include the following:
* * * * * (3) Proof of attendance at [Department] training courses required by the Department. Reimbursable expenses for attendance at the courses shall be identified separately under ''other expenses'' in the reimbursement application.
* * * * * (5) Minutes of local agency meetings for which employe attendance is claimed as a reimbursable expense which reflect discussions involving the administration of sections 7 [and], 8, 12, 13, 13.1, 14, 15 or 16 of the act [(35 P. S. §§ 750.7 and 750.8)].
[(i)] (k) ***
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