Subchapter D. CERTIFICATION OF SEWAGE ENFORCEMENT OFFICERS
Sec.
72.51. Requirement for certification.
72.52. Conditions of certification or reinstatement of certification.
72.53. Certification examination.
72.54. Applications for certification.
72.55. Certification renewal.
72.56. Change of address.
72.57. Secretary of the Certification Board.
72.58. Certification Board hearings and procedures.
Cross References This subchapter cited in 25 Pa. Code § 72.2 (relating to scope); 25 Pa. Code § 72.3 (relating to purposes); and 25 Pa. Code § 72.21 (relating to general).
§ 72.51. Requirement for certification.
No person may issue a permit for an individual or community onlot sewage system unless that person has been found qualified after examination and has been issued a Sewage Enforcement Officer Certificate by the Certification Board.
§ 72.52. Conditions of certification or reinstatement of certification.
(a) The Certification Board shall issue a sewage enforcement officer certificate to a person who meets the following:
(1) Is a natural person or individual. Associations, partnerships or corporate entities are not qualified for certification.
(2) Has passed an applicable examination prepared by the Department.
(3) Has not had his certification revoked previously. After 2 years from a previous revocation, the Certification Board may reexamine and reinstate the certification of a person if that person requests reinstatement. In determining fitness for reinstatement, the Certification Board shall consider the nature and gravity of the misconduct which resulted in the previous revocation and the recommendation of the Department.
(4) Has not had his certification lapsed due to failure to complete mandatory training during a previous renewal cycle unless the training has been subsequently completed.
(b) Certification shall be for a period of up to 2 years. Upon the payment of a fee of $50 by the certificateholder, the Certification Board shall renew a valid certificate of a qualified applicant, except that applicants for renewal who are employed by the Commonwealth in administering the act and whose activities under the act are limited solely to Commonwealth service are not subject to the fee requirements of this subsection. Fees collected in excess of the actual administrative cost to the Certification Board to process certification renewals shall be dedicated to training sewage enforcement officers.
(c) If the Certification Board does not meet with in 30 days of receiving the examination results from the certification testing contractor, an applicant for certification who meets the requirements of subsection (a) will be deemed certified, except that an applicant who is in violation of the regulations under the act or who is restrained from certification by § 72.43 (relating to powers and duties of the Department) will not be deemed certified.
Authority The provisions of this § 72.52 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 § 72.52 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 page (221898).
Cross References This section cited in 25 Pa. Code § 72.55 (relating to certification renewal).
§ 72.53. Certification examination.
(a) The Department will prepare an examination to be used by the Certification Board in determining the fitness of candidates for certification and will establish the passing grade for the examination and for each part of the examination in the areas of sewage facilities planning, program administration, technical criteria and enforcement.
(b) The Department will submit the examination to the Certification Board, which shall by letter to applicants at least 25 days prior to each examination announce the location, time, scope and passing grade for the examination. Annually, the Board will publish in the Pennsylvania Bulletin the dates, sites, scope and passing grade for all examinations scheduled in that calendar year.
(c) The Certification Board will schedule a date for the examination at least four times in each calendar year.
(d) An individual who takes, but does not successfully pass the examination on three occasions, is not permitted to retake the examination administered by the Certification Board for 1 year, and until the applicant has completed a training course approved by the Department. Thereafter, a candidate may take the examination only once in a calendar year until the examination is passed.
Authority The provisions of this § 72.53 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 § 72.53 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 (221898) to (221899).
§ 72.54. Applications for certification.
(a) Correctly completed applications and an application fee of $25 shall be received by the Board at least 30 days prior to the scheduled examinations. In addition, the applicant shall provide documentation of the successful completion of required precertification training courses to the Board no later than the commencement of the scheduled examination for which the precertification training course was held.
(b) Incomplete or erroneous applications shall be returned to the applicant.
(c) The application fee is a processing fee and will not be refunded.
Authority The provisions of this § 72.54 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 § 72.54 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877; amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5088. Immediately preceding text appears at serial pages (237000) to (237001).
§ 72.55. Certification renewal.
(a) Application for renewal will be sent to certified sewage enforcement officers at least 2 months prior to renewal date. In addition to the application, a curriculum of mandatory training will be sent to any sewage enforcement officer who has not completed the required training.
(b) An applicant for renewal of certification shall submit a signed application for renewal, with fee, to the Certification Board by the renewal date. When the application for renewal is submitted later than the renewal date, but no later than 2 years after the renewal date, the Certification Board may renew a certification for good cause shown.
(c) If the applicant has not completed a training course required by the Department for certification renewal by the renewal date, the certificate will lapse.
(d) If a sewage enforcement officer’s certification lapses, a new certification shall be obtained under § 72.52 (relating to conditions of certification).
Authority The provisions of this § 72.55 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 § 72.55 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221899).
§ 72.56. Change of address.
(a) The Certification Board will compile and keep current a register showing the names and addresses of certified sewage enforcement officers. Copies of this register will be furnished on request.
(b) The sewage enforcement officer shall promptly notify the Certification Board of a change of address.
Authority The provisions of this § 72.56 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 § 72.56 amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347. Immediately preceding text appears at serial page (169961).
§ 72.57. Secretary of the Certification Board.
The Certification Board may select a Secretary who is not a member of the Board. The Secretary shall maintain the records and papers of the Board, prepare subpoenas and notices, certify actions and perform other services that the chairman and the Certification Board shall direct.
§ 72.58. Certification Board hearings and procedures.
(a) Actions by the Department to revoke or suspend sewage enforcement officer certifications become final only after notice and opportunity for a hearing before the Certification Board. The filing of an appeal with the Certification Board does not operate as an automatic supersedeas of the action of the Department. If no request for a hearing is filed with the Secretary of the Certification Board within 30 days of receipt of notice of the action by the certificate holder, the action becomes final. Requests for a hearing shall set forth with specificity the grounds for the appeal, including objections to the Department’s action. If the request for a hearing does not specify the grounds for the appeal, the certificateholder shall, upon notification from the Secretary of the Certification Board, be given the opportunity to file an amended request for a hearing within 30 days of receipt of the notification. The amended request shall conform to the content requirements for a request for a hearing. The Certification Board may dismiss an appeal if a certificate holder fails to file an amended request for a hearing or to comply with the requirements for filing an amended request for a hearing. The adjudications of the Certification Board shall otherwise be in accordance with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
(b) In hearings before the Certification Board, 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) applies, unless it is inconsistent with this chapter. Discovery in hearings before the Certification Board shall be permitted as provided in the Pa.R.C.P.
(c) In proceedings before the Certification Board, the burden of proceeding and the burden of proof is the same as at common law, in that the burden normally rests with the party asserting the affirmative of an issue. The affirmative of the issue shall be established by a preponderance of the evidence. The Certification Board may require the other party to assume the burden of proceeding with the evidence in whole or in part, if that party is in possession of facts or should have knowledge of facts relevant to the issue.
(d) Actions and adjudications of the Certification Board shall be by a vote of a majority of members present at a meeting called for consideration of the action or adjudication. Three members of the Certification Board constitute a quorum.
(e) The Certification Board may hear matters brought before it as a whole or may appoint hearing examiners. Hearings held by hearing examiners not members of the Certification Board shall be decided by the Board based upon its review of the record and the examiner’s proposed adjudication.
(f) An applicant is not entitled to a hearing when a certificate was denied because the applicant failed to pass the certification examination or failed to successfully complete a training program requried by the Department.
Authority The provisions of this § 72.58 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 § 72.58 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 (221900) and (234449).
Notes of Decisions Quorum
A majority vote is required to uphold a revocation. Kuszyk v. Zoning Hearing Board of Amity Township, 834 A.2d 661, 665 Note 5 (Pa. Cmwlth. 2003)
A majority of the State Board for Certification of Sewage Enforcement Officers failed to affirm the revocation of the applicant’s certificate when two of four board members dissented from a decision to sustain the revocation since evenly divided voters insufficient. Young v. Department of Environmental Resources, 600 A.2d 667 (Pa. Cmwlth. 1991); appeal denied 609 A.2d 169 (Pa. 1992).
Cross References This section cited in 25 Pa. Code § 72.43 (relating to powers and duties of the Department).
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