[27 Pa.B. 5877]
[Continued from previous Web Page] § 72.44. Reimbursement.
(a) Reimbursement may not exceed the total program cost minus total program income.
(b) Except as provided in subsection (c) 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 sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act (35 P.S. §§ 750.7, 750.8, 750.12, 750.13, 750.13a and 750.14--750.16), as defined by subsections (h)--(j).
(c) A local agency complying with the act in a manner deemed satisfactory by the Department will 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)--(j).
(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.
(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.
(e) Applications for reimbursement shall be in quadruplicate, on the appropriate form supplied by the Department, and received by the Department of Environmental Protection, Post Office Box 8466, Harrisburg, Pennsylvania 17105-8466, no later than March 1 each year for expenses incurred during the prior calendar year. Upon cause shown, the Secretary may extend the March 1 deadline for the filing of applications for reimbursement for not more than 60 days.
(f) Applications for reimbursement shall include the following:
(1) An itemized statement in the form of an employe time and activity record.
(2) A report of total fees, fines and other money collected by the local agency during the calendar year in the enforcement of the act.
(3) The Department central file copies of the Application for Sewage Disposal System permit denials, final inspections and expirations during the prior calendar year.
(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.
(5) Copies of additions, deletions and amendments made during the preceding calendar year to municipal ordinances, acts or procedures used in enforcing the act.
(6) Proof of payment of expenses claimed, as specified in subsection (k).
(7) A copy of the schedule of fees charged to the permit applicant.
(g) An employe time and activity record shall be kept by the local agency. This is an itemized record noting the employe's name, the date of duty and application number for each task performed, the complaint or malfunction investigated, related administrative or clerical duties performed, hours spent, miles travelled and applicable hourly rate of pay, not including fringe benefits.
(h) Costs associated with the following are eligible for reimbursement, when related to enforcement and administration of the sewage facilities permitting program:
(1) Permit application processing activities, including soil evaluation and testing procedures.
(2) Administrative, management or clerical activities.
(3) Postage, office supplies and duplicating.
(4) Nonmechanically powered tools for the sewage enforcement officer's use.
(5) Costs of purchasing office equipment and maintaining offices, including building maintenance and utilities prorated on an equitable basis with other services.
(6) Employer costs for social security, workers' compensation, unemployment compensation and the following fringe benefits:
(i) Health care.
(ii) Pension programs.
(iii) Life insurance.
(iv) Errors and omissions insurance written specifically and billed separately to cover the sewage enforcement officer's enforcement responsibilities where the defense of official immunity, under 42 Pa.C.S. § 8546 (relating to defense of official immunity), is not applicable to the sewage enforcement officer.
(7) Mileage expenses at the Commonwealth rate for application processing, complaint and malfunction investigations, and required Department training courses or other related meetings or functions required by the Department. The reimbursement of mileage expenses at the Commonwealth rate includes the cost to maintain automotive insurance coverage, and shall be the exclusive means for reimbursement of the costs.
(8) Expenses for sewage enforcement officers to attend required Department training courses or other related meetings or functions required by the Department including:
(i) Regular rate of pay for the actual hours of attendance at the course.
(ii) Lodging, meals and subsistence at the Commonwealth rate when the course is outside a 50-mile radius of both the sewage enforcement officer's place of employment and residence and no course has been scheduled within that 50-mile radius.
(9) Chemical and bacteriological supplies and analysis for confirming violations.
(10) The legal daily rate and mileage expenses for subpoenaed witnesses at a hearing.
(11) Legal services costs incurred for:
(i) Prosecuting or restraining violations and defending against appeals.
(ii) Preparing ordinances consistent with and necessary for enforcement of the act and this part.
(iii) Preparing for and conducting hearings.
(12) The legal daily rate and mileage expenses for subpoenaed witnesses at a hearing before a magistrate, when the witnesses are essential to substantiate a violation.
(13) Fees for special consultants retained by the local agency for technical consultation on specific permits.
(14) Investigations and inspections related to complaints and malfunctions.
(i) Costs associated with the staffing and administration of a sewage management program under Chapter 72, Subchapter E (relating to sewage management programs) are eligible costs.
(g) Ineligible costs include, but are not limited, to the following:
(1) Retainer fees.
(2) Legal fees resulting from an appeal or suit against the Commonwealth.
(3) Expenses for use of earth moving or excavating equipment.
(4) Clothing purchase or allowance.
(5) Development or duplication of maps.
(6) Payment for surveillance activities by employes other than sewage enforcement officers.
(7) Sewage enforcement officer certification or renewal fees and other related expenses, such as mileage and travel expenses to the certification examination.
(8) Activities and costs associated with improper administration of the act.
(9) Cost to the local agency to maintain insurance coverage in the following areas:
(i) Errors and omissions except as provided in subsection (h)(6)(iv).
(ii) Liability.
(10) Expenses for activities resulting from the submission of additional information to supplement a reimbursement application or from activities performed as a result of a Department audit.
(11) Expenses for employe attendance at local agency meetings which do not pertain to administration of section 7, 8, 12, 13, 13.1, 14, 15 or 16 of the act.
(12) Fixed or indirect costs other than those in subsection (h)(5).
(k) Proof of payment of expenses claimed shall, at a minimum, include the following:
(1) Payroll records or copies of both sides of cancelled checks stating the gross amount paid or a statement from the sewage enforcement officer certifying that he has received salaries or wages from the municipality of which he is a full-time employe.
(2) One copy of the time and activity record or receipted itemized invoices.
(3) Proof of attendance at training courses required by the Department. Reimbursable expenses for attendance at the courses shall be identified separately under ''other expenses'' in the reimbursement application.
(4) Copies of hotel receipts for overnight lodging.
(5) Minutes of local agency meetings for which employe attendance is claimed as a reimbursable expense which reflect discussions involving the administration of section 7, 8, 12, 13, 13.1, 14, 15 or 16 of the act.
(i) The Department may withhold reimbursement for falsification of information included in or submitted in support of the application, or for intentional omission of information required to be submitted with the application.
Subchapter D. CERTIFICATION OF SEWAGE ENFORCEMENT OFFICERS § 72.52. Conditions of certification or reinstatement of certification.
(a) The Certification Board shall issue a sewage enforcement officer certificate to a person who meets the following:
(1) Is a natural person or individual. Associations, partnerships or corporate entities are not qualified for certification.
(2) Has passed an applicable examination prepared by the Department.
(3) Has not had his certification revoked previously. After 2 years from a previous revocation, the Certification Board may reexamine and reinstate the certification of a person if that person requests reinstatement. In determining fitness for reinstatement, the Certification Board shall consider the nature and gravity of the misconduct which resulted in the previous revocation and the recommendation of the Department.
(4) Has not had his certification lapsed due to failure to complete mandatory training during a previous renewal cycle unless the training has been subsequently completed.
(b) Certification shall be for a period of up to 2 years. Upon the payment of a fee of $50 by the certificateholder, the Certification Board shall renew a valid certificate of a qualified applicant, except that applicants for renewal who are employed by the Commonwealth in administering the act and whose activities under the act are limited solely to Commonwealth service are not subject to the fee requirements of this subsection. Fees collected in excess of the actual administrative cost to the Certification Board to process certification renewals shall be dedicated to training sewage enforcement officers.
(c) If the Certification Board does not meet with in 30 days of receiving the examination results from the certification testing contractor, an applicant for certification who meets the requirements of subsection (a) will be deemed certified, except that an applicant who is in violation of the regulations under the act or who is restrained from certification by § 72.43 (relating to powers and duties of the Department) will not be deemed certified.
§ 72.53. Certification examination.
(a) The Department will prepare an examination to be used by the Certification Board in determining the fitness of candidates for certification and will establish the passing grade for the examination and for each part of the examination in the areas of sewage facilities planning, program administration, technical criteria and enforcement.
(b) The Department will submit the examination to the Certification Board, which shall by letter to applicants at least 25 days prior to each examination announce the location, time, scope and passing grade for the examination. Annually, the Board will publish in the Pennsylvania Bulletin the dates, sites, scope and passing grade for all examinations scheduled in that calendar year.
(c) The Certification Board will schedule a date for the examination at least four times in each calendar year.
(d) An individual who takes, but does not successfully pass the examination on three occasions, is not permitted to retake the examination administered by the Certification Board for 1 year, and until the applicant has completed a training course approved by the Department. Thereafter, a candidate may take the examination only once in a calendar year until the examination is passed.
§ 72.54. Applications for certification.
(a) Correctly completed applications, documentation of the successful completion of required precertification training courses and an application fee of $25 shall be received by the Board at least 40 days prior to scheduled examinations.
(b) Incomplete or erroneous applications shall be returned to the applicant.
(c) The application fee is a processing fee and may not be refunded.
§ 72.55. Certification renewal.
(a) Application for renewal will be sent to certified sewage enforcement officers at least 2 months prior to renewal date. In addition to the application, a curriculum of mandatory training will be sent to any sewage enforcement officer who has not completed the required training.
(b) An applicant for renewal of certification shall submit a signed application for renewal, with fee, to the Certification Board by the renewal date. When the application for renewal is submitted later than the renewal date, but no later than 2 years after the renewal date, the Certification Board may renew a certification for good cause shown.
(c) If the applicant has not completed a training course required by the Department for certification renewal by the renewal date, the certificate will lapse.
(d) If a sewage enforcement officer's certification lapses, a new certification shall be obtained under § 72.52 (relating to conditions of certification).
§ 72.58. Certification Board hearings and procedures.
(a) Actions by the Department to revoke or suspend sewage enforcement officer certifications become final only after notice and opportunity for a hearing before the Certification Board. The filing of an appeal with the Certification Board does not operate as an automatic supersedeas of the action of the Department. If no request for a hearing is filed with the Secretary of the Certification Board within 30 days of receipt of notice of the action by the certificateholder, the action becomes final. Requests for a hearing shall set forth with specificity the grounds for the appeal, including objections to the Department's action. If the request for a hearing does not specify the grounds for the appeal, the certificateholder shall, upon notification from the Secretary of the Certification Board, be given the opportunity to file an amended request for a hearing within 30 days of receipt of the notification. The amended request shall conform to the content requirements for a request for a hearing. The Certification Board may dismiss an appeal if a certificate- holder fails to file an amended request for a hearing or to comply with the requirements for filing an amended request for a hearing. The adjudications of the Certification Board shall otherwise be in accordance with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
(b) In hearings before the Certification Board, 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) applies, unless it is inconsistent with this chapter. Discovery in hearings before the Certification Board shall be permitted as provided in the Pa.R.C.P.
(c) In proceedings before the Certification Board, the burden of proceeding and the burden of proof is the same as at common law, in that the burden normally rests with the party asserting the affirmative of an issue. The affirmative of the issue shall be established by a preponderance of the evidence. The Certification Board may require the other party to assume the burden of proceeding with the evidence in whole or in part, if that party is in possession of facts or should have knowledge of facts relevant to the issue.
(d) Actions and adjudications of the Certification Board shall be by a vote of a majority of members present at a meeting called for consideration of the action or adjudication. Three members of the Certification Board constitute a quorum.
(e) The Certification Board may hear matters brought before it as a whole or may appoint hearing examiners. Hearings held by hearing examiners not members of the Certification Board shall be decided by the Board based upon its review of the record and the examiner's proposed adjudication.
(f) An applicant is not entitled to a hearing when a certificate was denied because the applicant failed to pass the certification examination or failed to successfully complete a training program requried by the Department.
CHAPTER 73. STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES
GENERAL § 73.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Aggregate--Coarse material manufactured from stone, gravel or slag, having Type B characteristics as described in Department of Transportation specifications, Form 408, section 703.3, Table B and uniform size and grading equivalent to American Association of State Highway and Transportation Officials No. 57, as described in Form 408, section 703.3, 2 Table C.
Agricultural areas--Areas used primarily for the production of crops and where the soil is without vegetative cover during certain periods of the year.
Alternate sewage system--A method of demonstrated onlot sewage treatment and disposal not described in this chapter.
* * * * * Buried sand filter--A system of piping, sand media, aggregate and collection piping in a buried liner used for the intermittent filtration and biochemical treatment of sewage.
Clean Streams Law--The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Conventional sewage system--A system employing the use of demonstrated onlot sewage treatment and disposal technology in a manner specifically recognized by this chapter. The term does not include alternate or experimental sewage systems.
Dosing pump--The pump housed in a dosing tank which provides a measured volume of sewage effluent to the pressurized distribution system in an absorption area.
Experimental sewage system--A method of onlot sewage treatment and disposal not described in this title which is proposed for the purpose of testing and observation.
Filter tank--The tank housing the piping and sand of the free access sand filter.
Forested areas--Areas where the predominant vegetative cover is comprised of trees with a closed canopy.
Free access sand filter--An accessible system of tanks, dose piping, sand media, aggregate and collection piping used for the intermittent filtration and biochemical treatment of sewage.
Geotextile--Material consisting of mesh polypropylene, polyester, nylon or similar material, used to prevent migration of fine aggregate into coarser aggregate.
Grassed area--An area where the predominant vegetative cover is comprised of grasses, bushes or trees not forming a closed canopy.
Individual residential spray irrigation system--An individual sewage system which serves a single dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.
* * * * * Lift pump--A submersible pump used to convey effluent to the sand filter and from the sand filter to the chlorine/retention tank.
Municipality--A city, incorporated town, township, borough or home rule municipality other than a county.
NSF--National Sanitation Foundation.
* * * * * Person--The term includes an individual; association; public or private corporation for-profit or not-for-profit; partnership; firm; trust; estate; department; board; bureau or agency of the United States or the Commonwealth; political subdivision; municipality; district; authority; or other legal entity which is recognized by law as the subject of rights and duties. The term includes the members of an association, partnership or firm and the officers of a local agency or municipal, public or private corporation for-profit or not-for-profit.
* * * * * 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 the following:
* * * * * Sewage--A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals; a substance harmful to the public health, to animal or aquatic life or to the use of water for domestic water supply or for recreation; or a substance which constitutes pollution under The Clean Streams Law.
Sewage enforcement officer--An official of the local agency who reviews permit applications and sewage facilities planning modules and issues permits as authorized by the act and conducts the investigations and inspections that are necessary to implement the act and 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. The term includes:
(i) Individual sewage system--A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance to another site for final disposal.
(A) Individual onlot sewage system--An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in 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 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 collecting, treating and disposing of sewage into a soil absorption area or retaining tank.
(B) Community sewerage system--A publicly or privately-owned community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank.
Small flow treatment facility--An individual or community sewerage system designed to adequately treat sewage flows not greater than 2,000 gallons per day for final disposal using a stream discharge or other methods approved by the Department.
* * * * * Soil mottling (redoximorphic features)--A soil color pattern consisting of patches of different colors or shades of color interspersed with the dominant soil color which results from prolonged saturation of the soil.
* * * * * Solids retainer--A deflection device at the outlet tee or baffle of a septic tank designed to deflect buoyed solids from escaping the tank.
Spray field--Piping, spray heads and ground surface to the outside edges of the wetted perimeter, used for the application and treatment of the sewage effluent in an individual residential spray irrigation system.
* * * * * Undisturbed soil--Soil or soil profile, unaltered by removal or other man-induced changes, except for agricultural activities, that would adversely affect the siting or operation of onlot systems.
* * * * * § 73.2. Scope.
This chapter applies to sewage enforcement officers administering the act, as well as to persons installing individual onlot sewage systems or community onlot sewage systems as defined in this chapter.
§ 73.3. Policy.
(a) A person planning or designing a facility or intending to utilize individual or community sewage systems is advised of the importance of good water conservation practices and the potential value of water conservation, recycle or reuse systems as a means of prolonging the life of the sewage system, as well as ensuring the availability of adequate water supplies in the future.
(b) When considering corrective measures for malfunctioning sewage disposal systems which have been constructed in accordance with this chapter or applicable regulations at the time of construction, the efforts of the local agency or the Department will not be restricted by this chapter. It will be the policy of the Department and local agencies administering this chapter to first consider all individual onlot and community onlot sewage systems described in this chapter, excluding holding tanks, in the correction of existing malfunctions and, when the systems cannot be constructed in accordance with this chapter, to provide the best technical guidance possible in attempting to resolve existing pollution or environmental health problems. When application of best technical guidance results in the absorption area or spray field encroaching on the regulated isolation distance to a well, the proper well abandonment procedure or the relocation of the well should be considered. The requirements of § 72.33 (relating to well distance exemption) may be waived at the discretion of the local agency. This policy will not limit or preclude the use of experimental systems as provided in §§ 73.71 and 73.72 (relating to experimental sewage systems; and alternate sewage systems), small flow treatment systems permitted under the Clean Streams Law or, when no other alternatives are available, holding tanks.
(c) The Department recognizes the existence of technologies related to onlot sewage disposal which are not specifically addressed in this chapter as well as technologies from other disciplines which may be applied to the design or construction of an onlot sewage disposal system. Experimental sewage system permits provide a method for the testing and evaluation of new concepts and technologies applicable to onlot disposal in this Commonwealth. Experimental permits may be limited in number on a Statewide basis. The Department will determine the number of experimental permits that may be issued for a specific experimental technology or design. An experimental onlot sewage disposal system permit shall be required for all technologies, methods, system components, systems and designs the Department deems experimental. Alternate sewage systems provide a classification for innovative and alternative technology which has been developed through the experimental program, by application of existing technologies from other disciplines or through technological advances from other areas of the United States. The alternate sewage system permit will provide a method for utilizing proven technologies within this Commonwealth without constant changes to this chapter. Systems shall be permitted only where it is demonstrated that the proposed system will protect the public health and prevent pollution of the waters of this Commonwealth.
GENERAL SITE LOCATION AND ABSORPTION AREA REQUIREMENTS § 73.11. General.
(a) A person may not install, and a sewage enforcement officer may not issue a permit for or approve, a sewage system which violates this chapter.
(b) A structure may not be occupied before the sewage system is finally inspected, approved and covered. Except when the sewage enforcement officer requires a change to the installation schedule because of weather and soil conditions, the permit may be modified with conditions to be established by the local agency to allow use of a septic tank as a temporary holding tank. In these instances, §§ 71.61 and 71.63(b)(1) and (2), (c)(1) and (2), 73.61 and 73.62(b) do not apply. Absorption areas shall be covered by the permittee within 5-calendar days after final inspection and approval to prevent damage.
(c) Liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. A sewage system may not discharge untreated or partially treated sewage to the surface of the ground or into the waters of this Commonwealth except as specifically permitted under sections 202 and 207 of the Clean Streams Law (35 P. S. §§ 691.202 and 691.207) and individual residential spray irrigation systems permitted by local agencies under section 7.3 of the act (35 P. S. § 750.7c).
(d) Where additional absorption area is installed to increase the total area of an existing system and flows are generated from a common treatment tank, loading per square foot of the new area and the existing area shall be equal.
(e) Discharge from roof gutters, foundation drainage, floor drains not from sewage generating connections and surface runoff may not be discharged to a treatment tank; nor may the discharges be permitted to flow over an absorption area or spray fields.
(f) The discharge of inadequately disinfected effluent or the discharge of effluent in a manner inconsistent with the system design specifications from an individual residential spray irrigation system shall constitute a nuisance.
§ 73.12. Site location.
(a) A proposed absorption area or spray field having the following characteristics shall be considered unsuitable for the installation of an onlot system or an individual residential spray irrigation system and a permit shall be denied where:
(1) The slope of the proposed absorption area or spray field is greater than 25%.
(2) The area is identified by completed Federal Flood Insurance mapping as a floodway. Where there is no flood mapping, a flood way extends 50 feet from the top of the stream bank as determined by the local agency. This paragraph is not applicable to spray fields.
(3) One or more rock outcrops exist within the proposed absorption area.
(4) In areas underlain by limestone, depressions left by earlier sinkholes exist either in whole or in part within the proposed absorption area or spray field.
(b) Absorption areas or spray fields may not be placed in or on fill unless the fill has remained in place for a minimum of 4 years to allow restoration of natural permeability. The fill shall be composed of clean mineral soil and meet the provisions of § 73.14 (relating to site investigation).
(c) Absorption areas or spray fields shall be sited only in or on undisturbed soils.
§ 73.13. Minimum horizontal isolation distances
(a) Minimum horizontal isolation distances shown in subsections (b)--(e) shall be maintained between the sewage disposal system and the features itemized except as provided by § 72.33 (relating to well isolation distance exemption). If conditions warrant, greater isolation distances may be required.
(b) The minimum horizontal isolation distances between the features named and treatment tanks, dosing tanks, lift pump tanks, filter tanks and chlorine contact/storage tanks shall comply with the following:
(1) Property line, easement or right-of-way--10 feet.
(2) Occupied buildings, swimming pools and driveways--10 feet.
(3) An individual water supply or water supply system suction line--50 feet.
(4) Water supply line under pressure--10 feet.
(5) Streams, lakes or other surface waters--25 feet.
(6) A cistern used as a water supply--25 feet.
(c) The following minimum horizontal isolation distances shall be maintained between the features named and the perimeter of the aggregate in the absorption area:
(1) Property line, easement or right-of-way--10 feet.
(2) Occupied buildings, swimming pools and driveways--10 feet.
(3) An individual water supply or water supply system suction line--100 feet.
(4) Water supply line under pressure--10 feet.
(5) Streams, water courses, lakes, ponds or other surface water--50 feet (for the purposes of this chapter wetlands are not surface waters).
(6) Other active onlot systems--5 feet.
(7) Surface drainageways--10 feet.
(8) Mine subsidence areas, mine bore holes or sink holes--100 feet.
(9) Rock outcrop or identified shallow pinnacle--10 feet.
(10) Natural or manmade slope greater than 25%--10 feet.
(11) A cistern used as a water supply--25 feet.
(12) Detention basins, retention basins and stormwater seepage beds--10 feet.
(d) The following minimum horizontal isolation distances shall be maintained between the features named and the wetted perimeter of the spray field:
(1) Property lines, easements or right of ways--25 feet.
(2) Occupied buildings and swimming pools--100 feet.
(3) An individual water supply or water supply suction line--100 feet.
(4) A cistern used as a water supply--25 feet.
(5) Water supply line under pressure--10 feet.
(6) Streams, watercourses, lakes, ponds or other surface waters--50 feet. For the purposes of this chapter wetlands are not surface waters.
(7) Mine subsidence, boreholes, sinkholes--100 feet.
(8) Roads or driveways--25 feet.
(9) Unoccupied buildings--25 feet.
(10) Rock outcrop--25 feet.
(e) The area within the wetted perimeter of the spray field may not be sited over an unsuitable soil profile
§ 73.14. Site investigation.
(a) Absorption area. Soil tests to determine the presence of a limiting zone and the capacity of the soil to permit the passage of water shall be conducted prior to permit issuance.
(1) On all locations where the installation of an absorption area is proposed, at least one excavation for examination of the soil profile shall be provided.
(2) The depth of the excavation shall be to the top of the limiting zone, or a maximum of 7 feet.
(3) All soil profile excavations shall be conducted within 10 feet of the proposed absorption area. A description of the soil profile shall be recorded on the site investigation and percolation test report form for onlot disposal of sewage issued by the Department.
(4) Where soil has been removed by grading or excavation, the surface of the undisturbed soil shall be considered to be the point from which the depth to limiting zone is measured. Excavatating soil to system installation depth for the purpose of installing the system may not be considered disturbing the soil.
(5) When the examination of the soil profile reveals a limiting zone within 20 inches of the mineral soil surface, percolation tests may not be conducted and a permit will be denied except as provided in § 73.77 (relating to general requirements for bonded disposal systems).
(6) Where examination of the soil profile reveals the absence of a limiting zone within 20 inches of the mineral soil surface, percolation tests shall be performed within the proposed absorption area. The average percolation rate shall be within the range indicated in § 73.16 (relating to absorption area requirements).
(7) The location and depth to the limiting zone of all soil profile excavations and the location of all percolation tests conducted on a lot shall be indicated on the plot plan of the Application for Sewage Disposal System issued by the Department or attached diagram.
(b) Spray field.
(1) Soil tests to determine the presence of a limiting zone shall be conducted prior to permit issuance.
(2) A minimum of 4 soil profile evaluations shall be evenly spaced within 10 feet of the perimeter of the proposed spray field when the spray field is less than or equal to 20,000 square feet.
(3) Spray fields in excess of 20,000 square feet shall be evaluated by evenly spacing the soil profiles within 10 feet of the perimeter of the proposed spray field at intervals of 100 feet or less.
(4) Soil profile information collected within the proposed spray field area shall be considered in the design and permitting of the system. Additional soils profiles, both on the perimeter or within the proposed spray field, may be required when the sewage enforcement officer identifies trends in the soils profiles or surface features which document variable soils conditions in the area of the proposed spray field. These trends include, but are not limited to, unsuitable soil areas mixed with suitable soils within the proposed site and surface features such as rock outcrops, mine subsidence, boreholes and sinkholes.
(5) Soil profiles shall be evaluated to the depth of bedrock, or rock formation or 40 inches whichever is shallower.
(6) When the examination of the soil profile reveals a limiting zone of a seasonal high water table within 10 inches of the mineral soil surface or a limiting zone as indicated by bedrock or coarse fragments with insufficient fine soil to fill voids that are located within 16 inches of the mineral soil surface, a permit for an individual residential spray irrigation system will be denied.
§ 73.15. Percolation tests.
Percolation tests shall be conducted in accordance with the following procedure:
(1) Number and location. Six or more tests shall be made in separate test holes spaced uniformly over the proposed absorption area site.
(2) Results. Percolation holes located within the proposed absorption area shall be used in the calculation of the arithmetic average percolation rate.
(3) Type of hole. Holes having a uniform diameter of 6 to 10 inches shall be bored or dug as follows:
(i) To the depth of the proposed absorption area, where the limiting zone is 60 inches or more from the mineral soil surface.
(ii) To a depth of 20 inches if the limiting zone is identified as seasonal high water table, whether perched or regional; rock formation; other stratum; or other soil condition which is so slowly permeable that it effectively limits downward passage of effluent, occurring at less than 60 inches from the mineral soil surface.
(iii) To a depth 8 inches above the limiting zone or 20 inches, whichever is less, if the limiting zone is identified as rock with open joints or with fractures or solution channels, or as masses of loose rock fragments including gravel with insufficient fine soil to fill the voids between the fragments, occurring at less than 60 inches from the mineral soil surface.
(4) Preparation. The bottom and sides of the hole shall be scarified with a knife blade or sharp-pointed instrument to completely remove any smeared soil surfaces and to provide a natural soil interface into which water may percolate. Loose material shall be removed from the hole. Two inches of coarse sand or fine gravel shall be placed in the bottom of the hole to protect the soil from scouring and clogging of the pores.
(5) Procedure for presoaking. Holes shall be presoaked, according to the following procedure, to approximate normal wet weather or in-use conditions in the soil:
(i) Initial presoak. Holes shall be filled with water to a minimum depth of 12 inches over the gravel and allowed to stand undisturbed for 8 to 24 hours prior to the percolation test.
(ii) Final presoak. Immediately before the percolation test, water shall be placed in the hole to a minimum depth of 6 inches over the gravel and readjusted every 30 minutes for 1 hour.
(6) Determination of measurement interval. The drop in the water level during the last 30 minutes of the final presoaking period shall be applied to the following standard to determine the time interval between readings for each percolation hole:
(i) If water remains in the hole, the interval for readings during the percolation test shall be 30 minutes.
(ii) If no water remains in the hole, the interval for readings during the percolation test may be reduced to 10 minutes.
(7) Measurement. After the final presoaking period, water in the hole shall again be adjusted to approximately 6 inches over the gravel and readjusted when necessary after each reading.
(i) Measurement to the water level in the individual percolation holes shall be made from a fixed reference point and shall continue at the interval determined from paragraph (6) for each individual percolation hole until a minimum of eight readings are completed or until a stabilized rate of drop is obtained whichever occurs first. A stabilized rate of drop means a difference of 1/4 inch or less of drop between the highest and lowest readings of four consecutive readings.
(ii) The drop that occurs in the final period in percolation test holes, expressed as minutes per inch, shall be used to calculate the arithmetic average percolation rate.
(iii) When the rate of drop in a percolation test is too slow to obtain a measurable rate, the rate of 240 minutes per inch shall be assigned to that hole for use in calculating the arithmetic average percolation rate. The absorption area may be placed over holes with no measurable rate when the average percolation rate for the proposed absorption area is within the limits established in § 73.16 (relating to absorption and spray field area requirements), Table A.
(iv) When a percolation test hole is dry at the end of a 10 minute testing interval, that hole may not be used in the calculation of the arithmetic average percolation rate. If 1/3 or more of the percolation test holes are dry at the end of a 10 minute testing interval, the proposed absorption area may not be designed or installed over these holes unless the local agency determines that an anomaly caused the fast percolation rate and a retest of the area is within the acceptable percolation rate limits. If no anomaly is discovered, the local agency may accept the percolation test results from the remaining holes if the results are supplemented with the results of additional percolation testing conducted outside of the area in which the dry percolation holes were found.
§ 73.16. Absorption and spray field area requirements.
(a) General. Absorption areas and spray fields for single family dwellings not served by a community sewage system shall be designed based on a minimum flow of 400 gpd for all dwellings having three bedrooms or less. The minimum flow of 400 gpd shall be increased by 100 gpd for each bedroom over three.
(b) Absorption areas.
(1) Only the bottom of the aggregate area of the bed or trench shall be used in calculating absorption area requirements.
(2) Absorption area requirements for single family dwellings served by a community sewage system and for apartments or nonresidential establishments served by an individual onlot or community onlot sewage system shall be designed based on flows listed in § 73.17 (relating to sewage flows) for the type of facility to be served.
(3) For nonresidential establishments, a volume of 200 gpd shall be the minimum volume used in calculating the size of the absorption area.
(c) Required absorption area. Table A shall be used in calculating the square footage of absorption area required based on flows determined in subsections (a) and (b). Table A includes allowances for garbage grinders, automatic washing machines or dishwashers and water softeners.
(d) Substitute. When a substitute for aggregate, such as a leaching chamber, large diameter pipe, or other material or device, is used in the absorption area, subsection (b)(1) applies.
TABLE A
Minimum Aggregate Absorption Area Requirements for Treatment Tank Effluent:
Square Feet of Aggregate Area Per Gallon Per Day Average Percolation Rate All Systems Except Subsurface Sand Expressed as Elevated Sand Mounds Filters and Minute Per Inch and Subsurface Sand Filters Elevated Sand Mounds Less than 3.0D Unsuitable Unsuitable 3 - 5C Unsuitable 1.50AB 6 - 15C 1.19B 1.50AB 16 - 30C (Avg. Perc Rate - 15) × (0.040) + 1.19B 1.50AB 31 - 45C (Avg. Perc Rate - 30) × (0.030) + 1.79B (Avg. Perc Rate - 30) × (0.026) + 1.50AB 46 - 60C (Avg. Perc Rate - 45) × (0.028) + 2.24B (Avg. Perc Rate - 45) × (0.022) + 1.89A 61 - 90C (Avg. Perc Rate - 60) × (0.023) + 2.66A (Avg. Perc Rate - 60) × (0.020) + 2.22A 91 - 120ACD Unsuitable (Avg. Perc Rate - 90) × (0.017) + 2.82A 121 - 150CD Unsuitable ((Avg. Perc Rate - 120) × (0.015) + 3.33) (1.05)A 151 - 180CD Unsuitable ((Avg. Perc Rate - 150) × (0.014) + 3.78) (1.10)A Greater than 181CD Unsuitable Unsuitable A Pressure dosing required.
B One third reduction may be permitted for use of an aerobic tank.
C May be considered for experimental or alternate proposals.
D Unsuitable for subsurface sand filters.
(e) Spray fields. Table B shall be used in calculating the square footage of spray fields based on flows determined in Subsection (a). Table B includes allowances for garbage grinders, automatic washing machines, dishwashers and water softeners.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
