Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter C - NEW LAND DEVELOPMENT PLAN REVISIONS › Section 71.58 - Delegation of new land development planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may, by agreement,
						delegate to a local agency, multimunicipal local agency or county or joint
						county department of health the power and duty to require the submittal of and
						review, and to approve or disapprove sewage facilities planning modules for new
						land development which are submitted on planning module forms and other
						documents provided by the Department. Additionally, the following apply:
(1) Sewage facilities planning modules
						approved by a delegated agency under this section do not constitute a revision
						or exception to the requirement to revise under this chapter but shall be a
						supplement to the official sewage facilities plan.
(2) Delegated agencies may assess fees for
						the review of supplements under this section. Fees received under this section
						shall be used solely for the purpose of administering the delegated powers and
						duties related to the new land development planning provisions of this
						section.
(3) The Department may
						limit the review of supplements in the delegation agreements to specific
						classifications of sewage facilities or new land developments.
(4) When delegation is requested, §
													72.44(c) and (d)
						(relating to reimbursement) shall be met as a prerequisite to the
						delegation.
(5) Delegation of the
						review and approval of supplements for new land development may be granted by
						the Department if the local agency or county or joint county department of
						health has adequately documented the following to the Department:
(i) The municipalities or counties to be
						included in the delegation agreement have municipal or countywide subdivision
						and land development ordinances in effect under the Pennsylvania Municipalities
						Planning Code (53 P. S. §§
															10101-11202).
(ii) The municipalities to be included in the
						delegation agreement have a current official sewage facilities plan which is
						being implemented in accordance with the content of the plan's implementation
						schedule and the provisions of the act, The Clean Streams Law and this part.
						For the purposes of determining qualifications for delegation under this
						section, the phrase "current official sewage facilities plan which is being
						implemented" shall include official plans of municipalities which are not under
						an order from the Department to submit an update revision or special study for
						the area in which the subdivision is proposed.
(iii) The municipalities or counties to be
						included in the delegation agreement have municipal or countywide subdivision
						and land development ordinances in effect which require one of the following:
(A) Sewage facilities planning approval as a
						condition attached to final plat approval under the Pennsylvania Municipalities
						Planning Code.
(B) Documentation
						that sewage facilities planning is not required under this part.
(iv) When delegation is requested
						for the review of new land developments proposing the use of public sewerage
						facilities which do not require a new or modified permit under The Clean
						Streams Law, the delegation agreement includes coordination procedures to be
						used with the Department to assure continued compliance with the municipal
						wasteload management provisions of The Clean Streams Law.
(v) The local agency and any sewage
						enforcement officer employed by the local agency serving the municipalities to
						be included in the delegation agreement have not been issued a notice of
						violation or order by the Department for a violation of the act or the rules
						and regulations thereunder for the prior 3 years as determined by the
						Department.
(vi) A workload
						analysis is completed by the entity requesting delegation which analyzes the
						volume of work anticipated and the staffing and support resources needed to
						administer the program and documents that the fees proposed to be charged by
						the delegated agency to administer the sewage facilities planning reviews are
						sufficient to allow the delegated agency to act upon supplements within the
						time limits established by this chapter.
(vii) The administrative procedures, rules,
						regulations, fee schedules and contracts for services and applicable municipal
						ordinances, rules and regulations proposed for use by the delegated agency in
						the administration of the delegated provisions of this chapter have been
						reviewed by the Department. Delegated agencies shall use forms provided by the
						Department for the submittal and review of all supplements.
(6) Supplements to an official
						plan shall be prepared by the person proposing the new land development and
						shall be reviewed and acted upon by the delegated agency.
(7) The failure of or refusal of a
						municipality, local agency, multimunicipal local agency or county or joint
						county department of health to enter into a delegation agreement may not
						influence the eligibility of the local agency serving that municipality or the
						local agency itself to receive 85% reimbursement under Chapter 72 (relating to
						administration of sewage facilities permitting program).