§ 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 apply:
(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 one of the following:
(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 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 have been reviewed by the Department. 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.
(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.
Authority The provisions of this § 71.58 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 71.58 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.
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