Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 72 - ADMINISTRATION OF SEWAGE FACILITIES PERMITTING PROGRAM › Subchapter B - PERMIT REQUIREMENTS › Section 72.22 - Permit issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						person may install, award a contract for construction or construct an
						individual or community onlot sewage system, or install, construct, occupy or
						use a building to be served by that system without first obtaining a permit
						from the local agency, except as provided in subsections (c)-(e).
(b) A permit shall be required by the local
						agency for alterations or connections to an existing individual or community
						onlot sewage system when the alteration or connection requires the repair,
						replacement or enlargement of a treatment tank or retention tank, or the
						repair, replacement, disturbance, modification or enlargement of a soil
						absorption area or spray field, or the soil within or under the soil absorption
						area or spray field.
(c) Multiple
						installations of chemical toilets or other portable toilets proposed for
						temporary use at a construction site, a recreation activity or a temporary
						facility shall be covered by one permit.
(d) A permit is not required for the
						installation of a recycling toilet, incinerating toilet, composting toilet or
						other type of water conservation device where the existing onlot system will
						not be altered.
(e) Except when a
						local agency or municipality requires a permit by ordinance, no permit or
						official plan revision is required for the installation of an individual onlot
						sewage system for a residential structure occupied or intended to be occupied
						by the property owner or a member of the property owner's immediate family on a
						contiguous tract of land 10 acres or more if the owner of the property was the
						owner of record as of January 10, 1987. For the purposes of this subsection,
						the term "immediate family" means a brother, sister, son, daughter, stepson,
						stepdaughter, grandson, granddaughter, father or mother of the property
						owner.
(f) The installation of a
						permit-exempt system under subsection (e) is not required to be approved by or
						meet the standards of the Department or local agency under their rules and
						regulations for the siting, design or installation of onlot sewage systems,
						except for the siting requirements of subsection (g), unless a permit is
						required by a regulation or ordinance of a local agency or municipality, or the
						person qualifying for the permit exemption chooses to not use the permit
						exemption. A permit exemption may also be granted where a 10-acre parcel or lot
						is subdivided from a parent tract after January 10, 1987. When one permit
						exemption has been granted for a lot, tract or parcel under this section, any
						lot, tract or parcel remaining after subdivision of the lot or parcel which
						received the permit exemption or any lots or parcels subdivided from either
						lot, tract or parcel in the future will not be eligible for a 10-acre permit
						exemption and shall meet the planning, permitting, siting and construction
						standards of the Department relating to onlot sewage systems. Owners of a lot,
						tract or parcel which otherwise qualified for the permit exemption, who do not
						choose to use the permit exemption remain exempt from the planning requirements
						of the act with respect to that lot, tract or parcel.
(g) Owners of property qualifying for a
						permit exemption under subsections (e) and (f) shall install permit-exempt
						systems in accordance with the following siting requirements.
(1) The perimeter of the septic tanks and
						absorption area shall be located at least 200 feet from the perimeter of any
						property line, nonutility right-of-way, 100-year floodplain or any river,
						stream, creek, impoundment, well, watercourse, storm sewer, lake, dammed water,
						pond, spring, ditch, wetland, water supply or any other body of surface water
						and 10 feet from any utility right-of-way.
(2) Before a person who meets the
						requirements of subsections (e) and (f) for a permit-exempt system installs a
						system, the person shall notify the local agency of the installation and shall
						provide documentation relating to the siting requirement of this subsection
						which is satisfactory to the local agency. The local agency may charge a fee,
						not to exceed $25, to verify that the system is located in accordance with the
						siting requirements.