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 72.26 - Denial of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notice of
						denial of a permit shall be in writing to the applicant and shall include the
						reasons for denial and advise the applicant of the right to a hearing before
						the local agency. The local agency shall provide the Department with a copy of
						the notice of denial within 7 days of issuance.
(b) The sewage enforcement officer shall
						accept prior testing data and information obtained by a previous sewage
						enforcement officer, provided that the site and prior testing is certified by
						the previous sewage enforcement officer and meets all of the criteria contained
						in paragraphs (1)-(10) and the current sewage enforcement officer certifies the
						data to the local agency using a "Verification of Prior Testing" Form provided
						by the Department. There shall be a presumption that, unless the prior sewage
						enforcement officer's certification has been revoked or suspended by the
						Department or the prior sewage enforcement officer's certification has been
						voluntarily surrendered to the Department or Certification Board, the testing
						data and information obtained by the prior sewage enforcement officer is valid
						unless the currently employed sewage enforcement officer finds that one or more
						of the criteria in the following paragraphs are not met:
(1) The soil testing performed on the
						property in question has not been cited in a revocation, suspension or other
						agreement to surrender certification which indicates violations of soil testing
						procedures by the previous sewage enforcement officer.
(2) The exact location of the test to be used
						for issuance of a permit shall be verifiable by at least one of the following
						methods:
(i) Location of the test pit and
						percolation hole remnants on the lot by the current sewage enforcement
						officer.
(ii) The existence of
						recorded measurements from at least two permanent landmarks on the property in
						question establishing the original test location.
(iii) A scale drawing of the lot or property
						in question indicating the location of the tests by reference to at least two
						permanent landmarks.
(iv)
						Identification of the exact location of the tests by the prior sewage
						enforcement officer, provided that the certification has not been revoked,
						suspended or voluntarily surrendered to the Department or Certification
						Board.
(3) Verification
						that the percolation test and soils evaluation were conducted in accordance
						with the applicable regulations.
(4) Soils description and percolation test
						data are available and recorded on the prescribed form, or its equivalent, in
						sufficient quantity and quality to be interpreted by others.
(5) The soil probes were conducted within 10
						feet of the proposed absorption area.
(6) The percolation test on the lot was
						performed on the site of the proposed absorption area.
(7) The person who originally observed,
						confirmed or conducted the testing was certified under the current
						certification requirements of the act.
(8) No inaccuracies or falsifications of the
						test data are apparent or identifiable.
(9) No changes to the site have occurred
						since the time of the original testing which will materially affect the siting
						or operation of an individual or community onlot sewage disposal
						system.
(10) Receipt of a notarized
						statement from the property owner which indemnifies and holds harmless the new
						sewage enforcement officer, municipality and local agency for the actions of
						the new sewage enforcement officer in verifying the prior testing data and
						information obtained by a previous sewage enforcement officer.