§ 72.25. Issuance of permits.
(a) A permit shall be issued when the local agency has determined that the application is complete and meets the requirements of the act and this part.
(b) The local agency shall issue or deny a permit for a conventional system in writing within 7 days after receiving a complete initial application.
(c) If the local agency determines that an initial application is incomplete or that it is unable to verify the information contained in an application, the local agency shall notify the applicant in writing within 7 days of receipt of the application. The notice shall include the reasons why the application is not acceptable. When the required information is received, the local agency shall act upon the application within 15 days.
(d) A person desiring to install an experimental onlot sewage system shall submit complete preliminary design plans and specifications to the sewage enforcement officer and the Department for review and comment at least 60 days prior to submitting an application for a permit. The Department will determine if classification as an experimental system is appropriate for the submission and provide review comments within 60 days to the sewage enforcement officer.
(e) Applications for alternate system permits submitted to municipalities or local agencies which are not delegated agencies, shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated by the municipality or local agency to the applicant in writing within 15 days of receipt of the application.
(1) Applications for alternate system permits found to be complete shall be submitted to the Department within 5 days of the determination of completeness by the local agency or authorized representative for the Department’s determination whether the classification as alternate is appropriate for the submission and the Department’s review of comments.
(2) Permits for alternate systems shall be issued or denied by the local agency within 45 days of transmittal of a complete application to the Department. The local agency shall consider the written comments submitted by the Department regarding the application.
(3) In municipalities or local agencies which are delegated agencies or which employ or contract with sewage enforcement officers authorized to review alternate sewage systems under § 72.43(1) (relating to powers and duties of the Department), permit applications for alternate systems shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant in writing within 15 days of receipt of the application. Permits for alternate systems shall be issued or denied by the local agency within 30 days of receipt of a complete application.
(f) Failure of a local agency to act on an application does not constitute permit approval. If the local agency does not act upon an application within 7 days of receipt, or within 15 days of receipt of supplemental information under subsection (c), the applicant may request a hearing before the local agency.
(g) A local agency may not issue individual or community onlot sewage system permits for the following systems; permits for these systems are issued by the Department:
(1) A large volume onlot sewage system.
(2) Subsurface disposal or other method of disposal of a substance defined as industrial waste under the Clean Streams Law.
(3) A method of sewage disposal other than renovation of sewage in a subsurface absorption area, an individual residential spray irrigation system or temporary storage in a retaining tank.
(h) Prior to the issuance of a permit for an individual residential spray irrigation system, the local agency shall require documentation that the municipality in which the system is to be located, has taken action to assure compliance of the system with § 73.167 (relating to operation and maintenance of individual residential spray irrigation systems) for the life of the system. The assurance shall be established through one or a combination of the following options which have been established or approved in writing by the municipality:
(1) A maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(2) A maintenance agreement between the property owner and municipality or its designated local agency which establishes the property owner’s responsibility for operating and maintaining the system and the responsibility of the municipality or local agency for oversight of the system.
(3) A municipal ordinance which requires individual residential spray irrigation systems to be operated and maintained through a maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.
(4) Municipal ownership of the system.
(5) Inclusion of the system under a sewage management agency developed in accordance with § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies) operated by the municipality.
(6) A properly chartered association, trust or other private legal entity which is structured to manage the system.
(7) Bonding, escrow or other security established prior to the issuance of a permit for an individual residential spray irrigation system and forfeited to the municipality upon notice of continuing noncompliance of the system with the operation and maintenance standards in § 73.167 and monitoring standards in § 72.42(a)(24) (relating to powers and duties of local agencies). The municipality shall use the forfeited security to cover the costs of repair or future operation and maintenance of the system over its design life. The bonding, escrow or other security shall be for an amount up to a maximum of 50% for each of the first 2 years of operation. After 2 years of operation, the bond agreement shall provide for a refund of a portion of the original bond so that only 10% of the cost of equipment and installation is retained by the bondholder. The remaining bond totalling 10% of the cost of equipment and installation shall be maintained for the life of the system.
(i) When a local agency has issued a permit under this section and the Department disagrees with the basis for the issuance of the permit, the Department will not require the revocation of that permit unless the Department has provided to the local agency justification for its decision based on the specific provisions of statute or regulation.
Authority The provisions of this § 72.25 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 § 72.25 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221884) to (221885).
Notes of Decisions Incomplete Application
Since the Department had already addressed the township supervisor’s concerns when it granted an exception to the sewage permit ban for the appellant’s lot, the supervisors lacked authority to require that appellant’s test for backup sewage facility sites before considering their application. Otte v. Covington Township Supervisors, 613 A.2d 183 (Pa. Cmwlth. 1992); appeal granted 629 A.2d 1385 (Pa. 1993); affirmed 650 A.2d 412 (Pa. 1994).
Cross References This section cited in 25 Pa. Code § 71.62 (relating to individual and community onlot sewage systems); and 25 Pa. Code § 73.167 (relating to operation and maintenance).
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