Subchapter C. ADMINISTRATION OF PERMITTING
REQUIREMENTS
Sec.
72.41. Powers and duties of Sewage Enforcement Officers.
72.42. Powers and duties of local agencies.
72.43. Powers and duties of the Department.
72.44. Reimbursement.
Cross References This subchapter cited in 25 Pa. Code § 72.2 (relating to scope); and 25 Pa. Code § 72.3 (relating to purposes).
§ 72.41. Powers and duties of sewage enforcement officers.
(a) A sewage enforcement officer has the power and duty to issue, deny and revoke permits, and to take all other actions necessary to administer and enforce section 7 of the act (35 P. S. § 750.7), except that a sewage enforcement officer may not conduct hearings under section 16 of the act (35 P. S. § 750.16).
(b) A sewage enforcement officer shall issue permits only within the jurisdiction of the local agency in which the sewage enforcement officer is employed. When a sewage enforcement officer encounters a conflict of interest as specified in subsections (f)—(k), the local agency shall employ a certified sewage enforcement officer not having a conflict of interest regarding the system or lot.
(c) The local agency shall notify the sewage enforcement officer and the Department in writing of the specific conditions of employment, including, but not limited to, the following:
(1) The geographic boundaries.
(2) The specific permit applications to be processed.
(3) The rate of compensation to the sewage enforcement officer.
(4) The duration of employment.
(d) A sewage enforcement officer shall accept payment only from the local agency for services performed in conjunction with administration of the act.
(e) A sewage enforcement officer shall only accept an application or other processing fees for the local agency under the following conditions:
(1) The fee is in the amount prescribed by the local agency’s adopted fee schedule.
(2) The fee is rendered in accordance with the local agency’s adopted receipt system as required by § 72.42(a)(7) (relating to powers and duties of local agencies).
(3) The sewage enforcement officer has received written direction from the local agency to accept these fees on behalf of the local agency.
(f) A sewage enforcement officer may advise an applicant regarding available options for the planning, design and construction of an individual or community onlot disposal system, but may not select the final system design, as specified in subsection (g) except as provided by subsection (i).
(g) A sewage enforcement officer may not plan, design, construct, sell or install an individual or community onlot sewage system within the geographic boundaries of the sewage enforcement officer’s authority, as specified by the local agency.
(h) A sewage enforcement officer may not, orally or in writing, suggest, recommend or require the use of any particular consultant, soil scientist or professional engineer, or any individual or firm providing these services where these services may be required or are subject to review under this article.
(i) A sewage enforcement officer may not perform consulting or design work or related services required or regulated under the act within the municipality or local agency by which the officer is employed or with which the officer has a contractual relationship unless the services are set in the fee schedule of the local agency, the fees are paid directly to the local agency and the records and products relating to consultation or design work are reviewed by and any subsequent permit is issued by another sewage enforcement officer employed by or under contract with the same local agency.
(j) A sewage enforcement officer may not conduct a test, issue a permit, participate in the official processing of an application or official review of a planning module for an individual or community onlot sewage system in which the sewage enforcement officer, a relative of the sewage enforcement officer, a business associate of the sewage enforcement officer or an employer of the sewage enforcement officer, other than the local agency, has a financial interest.
(k) For purposes of subsection (j), a financial interest includes full or partial ownership, agreement or option to purchase, leasehold, mortgage or another financial or proprietary interest in; or serving as an officer, director, employe, contractor, consultant, or another legal or fiduciary representative of a corporation, partnership, joint venture or other legal entity which has a proprietary interest in one or more of the following:
(1) One or more lots to be served by the system.
(2) The development or sale of the lots to be served by the system.
(3) A contract, either written or oral, to perform a service in the development of one or more of the lots to be served by the system. The service may be before or after the fact of development and may include professional as well as other services.
(4) A contract, either written or oral, to sell, plan, design, construct, install or provide materials or component parts for the system.
(l) Prior to issuing a permit, the sewage enforcement officer shall conduct personally, observe or otherwise confirm in a manner approved by the Department all tests used to determine the suitability of a site for an individual or community onlot sewage system. A sewage enforcement officer shall accept testing conducted by a prior sewage enforcement officer for the local agency provided the site, data and prior testing meet the criteria specified in § 72.26(b)—(d). When a sewage enforcement officer accepts testing by a prior officer, a copy of the Department’s ‘‘Verification of Prior Testing’’ form or other form as may be specified by the Department, shall be attached to each copy of the permit application.
(m) Prior to issuing a permit, the sewage enforcement officer shall confirm that the application is complete and that the proposed system design is in compliance with the requirements of the act and this part.
(n) The sewage enforcement officer shall give timely written notice to applicants or permittees of approval, denial or revocation of a permit under this chapter.
(o) The sewage enforcement officer shall advise the local agency of a violation of the act or this part, known to the sewage enforcement officer, which occurs within the local agency’s jurisdiction.
(p) The sewage enforcement officer shall advise the local agency of its responsibility to restrain a violation of the act or this part and shall independently take action within the scope of his authority necessary to restrain or correct the violation.
(q) The sewage enforcement officer shall submit the Department’s copy of the completed Application For Sewage Disposal System, with necessary attachments, within 7 days of acting upon the application.
Authority The provisions of this § 72.41 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (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 § 72.41 amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221888) to (221890).
Cross References This section cited in 25 Pa. Code § 72.43 (relating to powers and duties of the Department).
§ 72.42. Powers and duties of local agencies.
(a) The local agency has the power and duty to:
(1) Employ or contract with sewage enforcement officers to administer section 7 of the act (35 P. S. § 750.7) and this part.
(2) Employ or contract with other technical and administrative personnel necessary to support the activities of the sewage enforcement officer.
(3) Set rates of compensation for the sewage enforcement officer and other employes necessary for the administration of the act by the local agency.
(4) Maintain offices and purchase equipment and supplies necessary for the administration of the act.
(5) Establish a schedule of fees for the processing of applications and other services provided by the local agency. This fee schedule may establish different charges for various activities and types of systems consistent with the administrative costs of reviewing applications, conducting necessary tests and investigations and supervising the installation of the system.
(6) Collect the appropriate fees as designated in the established fee schedule. The local agency shall maintain records of income, expenses and transactions of the local agency in a manner consistent with accepted accounting practices.
(7) Establish a system of receipts for monetary transactions. The receipt system shall provide to the local agency and to the applicant a record of the amount tendered to the local agency and the specific purpose of the transaction.
(8) Adopt and maintain standards and procedures for applications and permits for individual and community onlot sewage systems identical to those of the Department, as contained in this part.
(9) Adopt and maintain other regulations the local agency deems necessary for the administration and enforcement of section 7 of the act as long as they are consistent with the act and this part.
(10) Submit reports and data to the Department as required by this part or an order of the Department.
(11) Submit to the Department annually the name and address of its certified sewage enforcement officer and alternate sewage enforcement officer.
(12) Make or cause to be made inspections and tests necessary to carry out sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act. For this purpose, the authorized representatives of the local agency have the right to enter upon lands.
(13) Proceed under sections 7, 8, 12, 13, 13.1, 13.2(b) 14, 15, and 16 of the act to restrain violations of the act and this part, and to abate nuisances in accordance with existing statutes, or as defined in the act.
(14) Notify the Department in writing within 15 days of a change in the sewage enforcement officer or his address.
(15) Cease issuing permits in designated areas when ordered to do so by the Department under section 10(7) of the act (35 P. S. § 750.10(7)), after notice and opportunity for a Departmental hearing. The local agency may issue permits in these areas for the abatement of existing health hazards and public nuisances.
(16) When applicable, establish a program for requiring, verifying, forfeiting, administering and enforcing the provision of financial assurances under § 73.151 (relating to standards for financial assurances). Costs for administering this program shall be included in the fee schedule of the local agency.
(17) Adopt by resolution a list of individuals who are sewage enforcement officers employed by companies or corporations under contract with the local agency to perform the services of sewage enforcement officers.
(18) Set and collect fees necessary to support the administrative and personnel costs of a maintenance inspection and enforcement program.
(19) Charge for engineering or consulting services required by the local agency to complete its review of a permit application. The application or review fees charged for these services shall be reasonable and in accordance with the ordinary and customary charges by the engineer or consultant for similar service in the community, and fees may not exceed the rate or cost charged by the engineer or consultant to the local agency when fees are not reimbursed by or otherwise imposed on applicants.
(i) If the applicant disputes the amount of the fees or charges, the applicant shall, within 10 working days of the date of billing, notify the local agency that the fees or expenses are disputed as unreasonable or unnecessary, in which case the local agency may not delay or disapprove an application for any approval or permit due to the applicant’s dispute over fees or charges.
(ii) If, within 20 days from the date of billing, the local agency and the applicant cannot agree on the amount of fees or charges which are reasonable and necessary, the applicant and local agency shall comply with the procedure established in section 8(b)(4) of the act (35 P. S. § 750.8(b)(4)) to resolve the fee or charge dispute.
(20) Complete and provide to the applicant the results of any site suitability review, soil probe testing and soil percolation testing within 20 working days of the local agency’s receipt of a permit application.
(i) The testing and results of the testing may be deferred to a later date that the applicant may request in writing or by a later date agreed to by the sewage enforcement officer and the applicant, which is confirmed in writing by the sewage enforcement officer.
(ii) A one-call system serial number shall be obtained prior to soil testing by the permit applicant or the contractor retained by the applicant to perform the test excavation. This notification shall take place no less than 3 and no more than 10 working days prior to the excavation. The deadline for permit review by the local agency in this subsection does not apply to an applicant who fails to comply with the one-call system notification requirement.
(iii) It is the obligation of the applicant to have the site prepared in the manner required by written instructions provided to the applicant after receipt of at least 48 hours’ notice from the local agency or sewage enforcement officer of the anticipated time the soils tests will be performed. Written instructions shall include provisions for deferral of testing due to weather.
(iv) Failure of the local agency to comply with these time limits shall entitle the applicant, upon request, to a refund of fees paid by the applicant for soil testing that was not performed by the local agency, and the applicant shall be entitled to submit results of soils tests, on forms provided by the Department conducted in a manner consistent with this article by a certified sewage enforcement officer, who need not be employed by or under contract with the local agency. These test results shall be accepted by the local agency and its sewage enforcement officer, who shall rely upon the results of these tests in acting on an application.
(v) An applicant who, after receiving the notice of testing, fails to have the site prepared for soil testing in a manner required by the local agency, does not have the right to submit the results of soils testing performed by a certified sewage enforcement officer not employed by or under contract with the local agency, nor is the applicant entitled to a refund of fees paid for soil testing as provided in this section.
(vi) Neither the municipality, local agency, local agency’s sewage enforcement officer nor the Department will be held liable on a cause of action arising out of soil tests performed under this section by a certified sewage enforcement officer not employed by or under contract with the local agency.
(21) Make inspections of and verify measurements made by applicants on public or private properties which are determined by the local agency’s authorized representative to have natural or manmade features from which specific isolation distances are required prior to the approval of onlot sewage disposal system usage in subdivisions or individual lots. The local agency’s authorized representative shall have the right to enter upon lands for these purposes.
(22) Determine if a proposed individual residential spray irrigation system will create a nuisance or adversely impact existing and proposed drinking water supplies and report this information to any affected municipality served by the local agency.
(23) Assure that an individual residential spray irrigation system discharge is sampled at least once per year by the property owner through a testing laboratory for fecal coliforms, carbonaceous biological oxygen demand, suspended solids and disinfectant residual or effectiveness. Individual effluent samples may not exceed a BOD5 of 25 mg/l and suspended solids concentration of 30 mg/l. Free chlorine residual shall be maintained at a range of 0.2—2.0 PPM unless a higher level is required to control disease producing organisms. This disinfection shall produce an effluent which will contain a concentration not greater than 200 fecal coliform organisms per 100 milliliters in a single sample. The local agency shall review the results of these samples and the most recent system inspection conducted under § 73.167 (relating to operation and maintenance) and take any necessary action to resolve operational or maintenance problems identified through the sample results. Additional sampling may be required by the local agency if the annual sample indicates a violation of the limitations specified in this paragraph.
(24) A county health department and joint county departments of health may also administer the continuing maintenance provisions of § 71.73 (relating to sewage management programs) when the municipality relinquishes and the county health department or joint county department of health accepts the authority and conforms with § 71.73.
(b) The local agency may offer a program to provide financial assurance, for a fee, for systems installed under § 73.77 (relating to general requirements for bonded disposal systems). Financial assurance provided by the local agency shall comply with § 73.151.
(c) The local agency may not orally or in writing, suggest, recommend or require the use of a particular consultant, soil scientist or professional engineer, or an individual or firm providing these services when these services may be required or are subject to review under this part.
Authority The provisions of this § 72.42 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (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 § 72.42 amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221891) to (221892).
Cross References This section cited in 25 Pa. Code § 72.41 (relating to powers and duties of Sewage Enforcement Officers).
§ 72.43. Powers and duties of the Department.
(a) The Department is empowered to review the performance of local agencies and their sewage enforcement officers in the administration of sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 and 16 of the act (35 P.S. § 750.7, 750.8, 750.12, 750.13, 730.13a, 750.13b(b) and 750.14—750.16).
(b) The Department and its authorized representatives may enter upon lands, make inspections and require the submission of papers, books and records by the local agency, or its sewage enforcement officer.
(c) If the Department finds that a local agency has failed to effectively administer section 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 or 16 of the act or this part, the Department, in addition to other remedies it may seek at law or in equity, may order the local agency to take actions the Department deems necessary to obtain effective administration. These actions may include, but are not limited to:
(1) Negotiation with other local agencies for cooperation in areawide administration.
(2) Modification of administrative, testing or reporting procedures.
(3) Retention of expert consultants.
(4) Employment of additional personnel.
(5) Satisfactory participation by the local agency’s sewage enforcement officer in special training programs designed to strengthen a specific weakness in the administration of the act and this part.
(6) Coordination of permit issuance for sewage systems with building permit issuance or with subdivision approval under local ordinances that the local agency may be administering at the time of the order.
(d) The Department has the duty to establish a training program for sewage enforcement officers. The Department will require timely and satisfactory completion by sewage enforcement officers of training courses sponsored by the Department. Satisfactory completion means attendance at all sessions of training and attainment of a minimum grade of 70% on tests given as part of the training course.
(e) The Department is empowered to revoke or suspend the certification of sewage enforcement officers for cause, or to reinstate the certification under this part. The actions of the Department will become final only after provision of notice and an opportunity for hearing before the Certification Board, under § 72.58 (relating to Certification Board hearings and procedures).
(f) The Department will suspend a sewage enforcement officer’s certification if the Department determines that the sewage enforcement officer has done one of the following:
(1) Demonstrated incompetence to act as a sewage enforcement officer as evidenced by errors in planning, administration or permit issuance duties which evidence a failure or inability to understand and apply the requirements of the act and this part.
(2) Failed to complete satisfactorily a sewage enforcement officer’s training course required by the Department under subsection (k).
(3) Demonstrated negligence or provided false information related to the administration of the act or this part or committed violations of this part which are not related to the issuance of a permit.
(g) The Department may reinstate the certification of a person within 2 years from the date of suspension or after 2 years following the effective date of a revocation. Prior to reinstatement, the Department will require, as a minimum, that the person take and pass the appropriate certification examination administered by the Certification Board. The Department may require satisfactory completion of a special training program designed to strengthen a specific weakness in the sewage enforcement officer’s administration of the act or this part. The program may entail the use of testing procedures including, but not limited to:
(1) Field evaluation of technical performance.
(2) Written or oral examination of standards and procedures.
(h) The Department will revoke the certification of a sewage enforcement officer whenever the Department determines that the sewage enforcement officer has done one of the following:
(1) Demonstrated a willful disregard of, or willfully or repeatedly issued permits in violation of the act or this part.
(2) Failed repeatedly to attend mandated sewage enforcement officer’s training required by the Department under subsection (k).
(3) Failed to comply with the applicable terms of a Departmental order for effective administration of sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 and 16 of the act.
(4) Issued a permit at a time when his certification was suspended.
(5) Willfully issued a permit outside of the geographic boundaries of authority specified by the local agency.
(6) Issued a permit which he believed to be in violation of the act or this part before being directed to do so by the local agency under a hearing.
(7) Failed to advise the local agency of a violation of the act, this part or the responsibility of the local agency to restrain the violation.
(8) Failed to take the necessary action to restrain a violation of the act or this part.
(9) Knowingly and willfully submitted false information to the Department or to the local agency in a report or form required by the act, this part or by order of the Department or the local agency.
(10) Committed an act requiring suspension under subsection (f) and had his certification suspended previously.
(11) Issued a permit in violation of § 72.41 (relating to powers and duties of sewage enforcement officers).
(12) Had his certification suspended for more than 2 years.
(13) Demonstrated negligence or knowingly provided false information related to the administration of the act or this part or knowingly committed violations of the act or this part which are not related to the issuance of a permit.
(i) The Department will consider complaints filed by local agencies or the public relating to the performance of local sewage enforcement officers as part of the Department’s evaluation of the local agency and sewage enforcement officer.
(j) The Department may establish minimum training requirements using a Department curriculum of training as a prerequisite for applicants for certification as sewage enforcement officers. The curriculum may include a period of training under another certified sewage enforcement officer selected by the Department as a prerequisite to certification for candidates who pass the certification test.
(k) The Department may require a certified sewage enforcement officer whose performance has been evaluated and found deficient to complete a training course which may include a curriculum of training or a period of training under the direction of another certified sewage enforcement officer selected by the Department for a time period established by the Department.
(1) The Department may require this training as an alternative to suspension or as a requirement for reinstatement of a suspended certification.
(2) The local agency employing the training sewage enforcement officer shall authorize that officer to provide the training services within the jurisdiction of that local agency.
(3) The costs of Department-required training incurred by the training sewage enforcement officer and the local agency employing the training sewage enforcement officer shall be paid by the Department from funds made available under section 13.2 of the act (35 P. S. § 750.13b).
(l) The Department may delegate the review of certain alternate sewage systems as designated by the Department to sewage enforcement officers, within the area of their jurisdiction, qualified by the Department to review the systems.
(m) The Department has the duty to require local agencies to take necessary action to provide timely service, including, but not limited to, utilizing the services of an alternate sewage enforcement officer, employing temporary sewage enforcement officers and entering into contracts for service.
Authority The provisions of this § 72.43 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 § 72.43 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221892) to (221894).
Cross References This section cited in 25 Pa. Code § 72.25 (relating to issuance of permit); and 25 Pa. Code § 72.52 (relating to conditions of certification).
§ 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 71, 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.
(l) 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.
Authority The provisions of this § 72.44 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 § 72.44 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221894) to (221897).
Cross References This section cited in 25 Pa. Code § 71.58 (relating to delegation of new land development planning); and 25 Pa. Code § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies).
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