§ 73.3. Policy.
(a) A person planning or designing a facility or intending to utilize individual or community sewage systems is advised of the importance of good water conservation practices and the potential value of water conservation, recycle or reuse systems as a means of prolonging the life of the sewage system, as well as ensuring the availability of adequate water supplies in the future.
(b) When considering corrective measures for malfunctioning sewage disposal systems which have been constructed in accordance with this chapter or applicable regulations at the time of construction, the efforts of the local agency or the Department will not be restricted by this chapter. It will be the policy of the Department and local agencies administering this chapter to first consider all individual onlot and community onlot sewage systems described in this chapter, excluding holding tanks, in the correction of existing malfunctions and, when the systems cannot be constructed in accordance with this chapter, to provide the best technical guidance possible in attempting to resolve existing pollution or environmental health problems. When application of best technical guidance results in the absorption area or spray field encroaching on the regulated isolation distance to a well, the proper well abandonment procedure or the relocation of the well should be considered. The requirements of § 72.33 (relating to well distance exemption) may be waived at the discretion of the local agency. This policy will not limit or preclude the use of experimental systems as provided in § § 73.71 and 73.72 (relating to experimental sewage systems; and alternate sewage systems), small flow treatment systems permitted under the Clean Streams Law or, when no other alternatives are available, holding tanks.
(c) The Department recognizes the existence of technologies related to onlot sewage disposal which are not specifically addressed in this chapter as well as technologies from other disciplines which may be applied to the design or construction of an onlot sewage disposal system. Experimental sewage system permits provide a method for the testing and evaluation of new concepts and technologies applicable to onlot disposal in this Commonwealth. Experimental permits may be limited in number on a Statewide basis. The Department will determine the number of experimental permits that may be issued for a specific experimental technology or design. An experimental onlot sewage disposal system permit shall be required for all technologies, methods, system components, systems and designs the Department deems experimental. Alternate sewage systems provide a classification for innovative and alternative technology which has been developed through the experimental program, by application of existing technologies from other disciplines or through technological advances from other areas of the United States. The alternate sewage system permit will provide a method for utilizing proven technologies within this Commonwealth without constant changes to this chapter. Systems shall be permitted only where it is demonstrated that the proposed system will protect the public health and prevent pollution of the waters of this Commonwealth.
Authority The provisions of this § 73.3 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 § 73.3 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221909) to (221910).
Cross References This section cited in 25 Pa. Code § 72.33 (relating to well isolation distance exemption).
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