§ 72.26. Denial of permits.
(a) Notice of denial of a permit shall be in writing to the applicant and shall include the reasons for denial and advise the applicant of the right to a hearing before the local agency. The local agency shall provide the Department with a copy of the notice of denial within 7 days of issuance.
(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 data 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 There shall be a presumption that, unless the prior sewage enforcement officer’s certification has been revoked or suspended by the Department or the prior sewage enforcement officer’s certification has been voluntarily surrendered to the Department or Certification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of the exact location of the tests by the prior sewage enforcement officer, provided that the certification has not been revoked, suspended or voluntarily surrendered to the Department or Certification Board.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, confirmed 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), the currently employed 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) Subsection (c) does 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.
(e) A person aggrieved by the action of a sewage enforcement officer in the issuance or denial of a permit, or another action taken under section 7 of the act (35 P. S. § 750.7) other than a permit revocation, may within 30 days of receipt of notice of the action, file a request for a hearing before the local agency. The request shall be in writing.
Authority The provisions of this § 72.26 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 § 72.26 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221885).
Cross References This section cited in 25 Pa. Code § 72.27 (relating to expiration and transfer of permits); and 25 Pa. Code § 72.41 (relating to powers and duties of sewage enforcement officers).
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