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 72.32 - Sales contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
						contract for the sale of a lot which is served by an individual sewage system
						which was installed under the 10-acre permit exemption provisions of §
												72.22(e)-(g) 
						(relating to permit issuance) shall contain a statement in the contract that
						clearly indicates to the buyer that soils and site testing were not conducted
						and that the owner of the property or properties served by the system, at the
						time of a malfunction, may be held liable for any contamination, pollution,
						public health hazard or nuisance which occurs as the result of the malfunction
						of a sewage system installed in accordance with the 10-acre permit exemption
						provisions of § 72.22(e)-(g).
(b) Every contract for the sale of a lot
						served by a holding tank, whether permanent or temporary, to which sewage is
						conveyed by a water carrying system and which is designed and constructed to
						facilitate ultimate disposal of the sewage at another site, shall contain a
						statement in the contract that clearly indicates that the property is served by
						such a tank and shall provide a history of the annual cost of maintaining the
						tank from the date of its installation or December 15, 1995, whichever is
						later.
(c) Every contract for sale
						of a lot which is served by an individual sewage system which was installed
						under §
												72.33 (relating to well isolation
						distance exemption) with an isolation distance less than the distance specified
						by §
												73.13 (relating to minimum
						horizontal isolation distances) shall contain a statement in the contract that
						clearly indicates to the buyer that the isolation distances required by
						regulation between the individual onlot system components and the well on the
						property being sold were not met.
(d) Every contract for the sale of a lot
						which is within an area in which permit limitations are in effect shall contain
						a statement in the contract that clearly indicates to the buyer that sewage
						facilities are not available for that lot and construction of a structure to be
						served by sewage facilities may not begin until the municipality completes a
						major planning requirement.
(e)
						Every contract for the sale of a lot for which a required revision for new land
						development, exception to the requirement to revise or a required supplement
						has not been approved shall contain a statement that clearly indicates to the
						buyer that sewage facilities are not available for that lot and that sewage
						facilities will not be available nor may construction begin until sewage
						facilities planning has been approved.
(f) Every contract for the sale of a lot for
						which there is no currently existing community sewage system available shall
						contain a statement in the contract clearly indicating to the buyer that there
						is no community sewage system available, that a permit for an individual sewage
						system will have to be obtained and the buyer should contact the local agency
						charged with administering the act before signing the contract to determine the
						procedure and requirements for obtaining a permit for an individual sewage
						system if one has not already been obtained.
(g) A contract for the sale of a lot which
						does not conform to the requirements of this section is not enforceable by the
						seller against the buyer. Any term of the contract purporting to waive the
						rights of the buyer to the disclosures required in this section is void.
The provisions of this §
														72.32 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).
This section cited in 25 Pa. Code §
														72.31 (relating to conditions
							 related to the installation of permit exempt
							 system).