§ 72.23. Limitation on onlot system permit issuance.
(a) The local agency may not issue permits for individual or community onlot sewage systems unless the following exist:
(1) The proposed system is consistent with the method of sewage disposal contained in the approved official plan, special study or update revision of the municipality in which the system is to be located.
(2) The municipality is implementing its official plan, special study or update revision in accordance with a schedule approved by the Department.
(3) The municipality has received approval of a revision for new land development or exception to the requirement to revise from the Department, a supplement for new land development has been approved by the delegated agency serving the municipality or the Department or delegated agency has determined that no planning is required under § 71.51(b) (relating to general).
(b) Permits may not be issued when the municipality has one or more of the following:
(1) No approved official plan.
(2) Not received Department approval of an update revision or special study to the official plan.
(3) Not implemented its plan as required by this part or by an order of the Department.
(c) Permit limitations under this section shall be restricted to those areas of the municipality identified in writing to the municipality by the Department as posing a serious risk to the health, safety and welfare of persons within or adjacent to the municipality because of the municipality’s failure to revise or implement its plan. The limitations shall remain in effect until the municipality has submitted the official plan, update revision or special study to the official plan to, and received the approval of the Department, or has commenced implementation of its plan, update revision or special study in accordance with a schedule approved by the Department.
(d) The limitations on permit issuance contained in this section do not apply:
(1) To those areas of the municipality where the Department or the local agency finds that a replacement soil absorption area or spray field could be installed on the lot if the original system failed. This determination shall be based on the results of a minimum of two complete soils and site evaluations confirmed by the local agency’s sewage enforcement officer.
(2) To those areas of the municipality outside of the areas delineated in an order of the Department as requiring an update revision.
(3) To existing subdivisions or sections thereof where the Department or delegated agency finds that either lots or homes in the subdivision or sections thereof have been sold in good faith to a purchaser for value prior to May 15, 1972, and not for the purpose of avoiding the permit limitation provisions of this section. This paragraph does not relieve the municipality of its planning responsibilities as specified in the act.
(4) When the Department or the local agency finds it necessary to issue permits for the abatement of pollution or the correction of health hazards, or both.
(5) To interim repairs to or the replacement of existing malfunctioning onlot sewage systems.
Authority The provisions of this § 72.23 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 § 72.23 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221883).
Cross References This section cited in 25 Pa. Code § 71.32 (relating to Department responsibility to review and act upon official plans); and 25 Pa. Code § 71.54 (relating to Department administration of new land development planning requirements for revisions).
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