reglab/statecodes huggingface dataset:
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 B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN APPROVAL › Section 71.34 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN APPROVAL › Section 71.35 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN APPROVAL › Section 71.36 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.41 - Grants for the preparation of official plans

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 6 of the act (35 P. S. §
														750.6) and §§
													71.42 and
							 71.43 (relating to application for
							 grants; and approval of grants), the Department will administer grants to
							 municipalities, counties and authorities for preparing update revisions and
							 special studies to the extent of the appropriations made by the General
							 Assembly for that purpose. Municipalities, counties and authorities intending
							 to apply for the grants shall submit to the Department an outline of the
							 proposed plan content, time schedule for plan completion and estimated cost by
							 planning task on a form provided by the Department or other form acceptable to
							 the Department prior to beginning the plan. Costs for completion of planning
							 activities outside the scope of the proposed plan content are not eligible for
							 a grant unless proposals for inclusion of additional activities and increased
							 costs associated with these activities have been submitted to and approved by
							 the Department and are within the scope of the act.
The provisions of this §
															71.41 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 §
															71.11 (relating to general
								requirement).
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.42 - Application for grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Grant
						  application forms and instructions will be supplied by the Department upon
						  written request.
(b) Applications
						  shall be accompanied by detailed invoices or other proof of payment for each
						  activity included in the preparation of the update revision or special
						  study.
(c) When the applicant for a
						  planning grant is not a municipality, written proof that the municipality has
						  authorized the applicant to receive the grant shall be submitted with the
						  application.
This section cited in 25 Pa. Code §
															71.11 (relating to general
								requirement); and 25 Pa. Code §
															71.41 (relating to grants for the
								preparation of official plans).
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.43 - Approval of grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will not authorize payment of a planning grant to an applicant until
						  the Department has approved the official plan or revision which has been
						  adopted by the municipality.
(b)
						  When the Department has determined that the application is complete, the
						  Department will pay grants to applicants in the order in which the applications
						  were received.
(c) The Department
						  will determine the amount of the grant by evaluating:
(1) The application for planning
						  grants.
(2) The extent and nature
						  of the activities included in the official plan or revision to the official
						  plan and the eligibility of the costs of these activities for grant payments
						  under the act.
(3) The cost of
						  performing each activity included in the official plan or revision to the
						  official plan.
(4) The contents of
						  existing plans and studies.
(5) The
						  conditions imposed upon the municipality by an order or notice of the
						  Department.
(6) The final contents
						  of the adopted official plan.
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.44 - Duplicate planning

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not pay grants under the act for
							 information which has been completed previously under local, State or Federal
							 funding programs. The plan shall incorporate this information by
							 reference.
The provisions of this §
															71.44 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 §
															71.11 (relating to general
								requirement).
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.45 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.46 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.47 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - OFFICIAL PLAN REQUIREMENTS › PLANNING GRANTS › Section 71.48 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 71.51 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A municipality
						shall revise its official plan when:
(1) A new
						subdivision is proposed, except as provided by §
													71.55 (relating to exceptions to
						the requirement to revise the official plan for new land development) or
						subsection (b).
(2) The official
						plan, or its parts, is inadequate to meet the sewage needs of the new land
						development.
(3) Newly discovered
						or changed facts, conditions or circumstances make the plan inadequate to meet
						the sewage needs of new land developments.
(4) A permit is required from the Department
						under section 5 of The Clean Streams Law (35 P. S. §
														691.5).
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 71.52 - Content requirements-new land development revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An official plan revision for new land
						development shall be submitted to the Department in the form of a completed
						sewage facilities planning module provided by the Department and shall include,
						but not be limited to, the following information:
(1) The nature of the proposal, including:
(i) Type of facilities to be served, density
						of proposed development and whether the development is residential, commercial
						or industrial.
(ii) Number of lots
						including equivalent dwelling units.
(iii) Anticipated sewage flow from the
						proposed development. For individual or community sewerage systems, the flows
						shall be based on gauged flows or the flows contained in the Department's
						Sewerage Manual. A copy of the manual may be obtained from the Department's
						Bureau of Water Supply and Wastewater Management. For individual or community
						onlot sewage systems, the flows shall be consistent with §§
														73.16 and
						73.17 (relating to absorption area
						requirements; and sewage flows).
(iv) Anticipated raw waste characteristics of
						the sewage.
(v) Type of sewage
						facilities proposed, including collection, treatment and disposal
						methods.
(vi) Description of
						required operation and maintenance activities required by Subchapter E
						(relating to sewage management programs).
(vii) Designation of the person responsible
						for operation and maintenance activities and the legal and financial
						arrangements necessary for assumption of this responsibility.
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 71.55 - Exceptions to the requirement to revise the official plan for new land development

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						municipality does not have to revise its official plan when the Department
						determines that the proposal is for the use of individual onlot sewage systems
						serving detached single family dwelling units in a subdivision of ten lots or
						less and the following apply:
(1) The
						proposal, in addition to the existing or proposed subdivision of which it is a
						part, will not exceed ten lots.
(2)
						The subdivision has been determined to have soils and site conditions which are
						generally suitable for onlot sewage disposal systems under §
													71.62 (relating to individual and
						community onlot sewage systems).
(3) For the purposes of determining whether a
						proposal qualifies for an exception under this section, the enumeration of lots
						shall include only lots created after May 15, 1972.
(4) The proposal is consistent with the
						requirements of §
													71.21(a)(5)(iii)
						(relating to content of official plans).
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 71.56 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 71.57 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 71.59 - Delegated agency administration of new land development planning requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the
						Department has delegated the authority to review and approve subdivisions for
						new land developments to a delegated agency, the regulatory provisions of the
						Department in §§
												71.54 and
						71.55 (relating to Department
						administration of new land development planning requirements for revisions; and
						exceptions to the requirement to revise the official plan for new land
						development) shall be administered by the delegated agency except that the time
						limits for review shall be in accordance with subsection (c).
(b) A new land development proposal submitted
						as a revision or an exception to the requirement to revise may be approved by
						the delegated agency as a supplement to the official plan of the
						municipality.
(c) The delegated
						agency shall determine if a submission is complete within 10 working days of
						its receipt. Delegated agencies shall approve or disapprove supplements within
						60 days of the date of a complete submission or additional time that the
						applicant and delegated agency may agree to in writing.
(d) If planning modules for new land
						development propose service by sewerage facilities requiring a new or modified
						permit from the Department under The Clean Streams Law, the new land
						development planning module shall be forwarded to the Department for final
						action.
The provisions of this §
														71.59 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).
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 D - OFFICIAL PLAN REQUIREMENTS FOR ALTERNATIVE EVALUATIONS › Section 71.61 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Official plans
						and revisions to official plans shall evaluate alternatives available to
						provide for adequate sewage facilities as required in §§
												71.21 and
						71.52(a)(3)
						(relating to contents of official plans; and content requirements-new land
						development revisions). The Department may require evaluation of additional
						technically available alternatives.
(b) Each alternative for the provision of
						adequate sewage facilities shall be evaluated for compliance with the technical
						and administrative planning requirements of the act and regulations promulgated
						thereunder.
(c) The official plan
						or revision shall select one alternative which is supported by documentation as
						described in §
												71.21(a)(4)-(6)
						which assures the long term sanitary collection, treatment and disposal of
						sewage.
(d) Approval of official
						plans and revisions shall be based on:
(1) The
						technical feasibility of the selected alternative in relation to applicable
						regulations and standards.
(2) The
						feasibility for implementation of the selected alternative in relation to
						applicable administrative and institutional requirements.
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 D - OFFICIAL PLAN REQUIREMENTS FOR ALTERNATIVE EVALUATIONS › Section 71.62 - Individual and community onlot sewage systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Official plans and official plan
						revisions proposing individual and community onlot sewage systems shall
						evaluate general site suitability to establish their use as a feasible
						alternative, as specified in subsection (b).
(b) When an official plan or revision
						proposes the renovation of sewage effluent by means of a subsurface absorption
						area or a spray irrigation system, the following shall be provided:
(1) Anticipated raw waste characteristics of
						the sewage. Where industrial wastes as defined in the Clean Streams Law are
						expected to be present in the raw sewage, §
													72.25(g)(2)
						(relating to issuance of permits) applies.
(2) Documentation that the soils and geology
						of the proposed site are generally suitable for the installation of the systems
						including:
(i) Soils mapping as per the
						United States Soil Conservation Service mapping or the equivalent.
(ii) Contour lines as per the United States
						Geologic Survey Topographic mapping or site determined contour lines.
(iii) Soil profiles as described in Chapter
						73 (relating to standards for onlot sewage treatment facilities) shall be
						performed to insure that an adequate area with suitable soils is available in
						the area of the proposed system. These profiles shall be approximately equally
						distributed among the various soils mapped in the area. For the purpose of this
						section, each change of slope or change in erosion characteristic specified as
						part of the soil classification system of the United States Department of
						Agriculture, Natural Resources Conservation Service will be equivalent to a
						change in soil type.
(iv) A
						sufficient number of percolation tests to confirm that the general percolation
						rate for each soil type in the area where systems are to be installed is within
						acceptable limits as described in Chapter 73. For the purpose of this section,
						each change of slope or change in erosion characteristic specified as part of
						the soil classification system of the United States Soil Conservation Service
						will be equivalent to a change in soil type.
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 D - OFFICIAL PLAN REQUIREMENTS FOR ALTERNATIVE EVALUATIONS › Section 71.63 - Retaining tanks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Retaining
						tanks are designed and constructed to facilitate ultimate disposal of the
						sewage at another site. This requires the control of retaining tanks through
						specific restrictions on their use.
(b) General requirements for retaining tank
						use are as follows:
(1) The official plan or
						revision shall meet the requirements of Subchapters B and C (relating to
						official plan requirements; and new land development plan revisions).
(2) Proposed disposal sites, the method of
						disposal and the retaining tank cleaner for retaining tank waste shall be
						approved by the Department in a manner consistent with the Solid Waste
						Management Act (35 P. S. §§
														6018.101-6018.1003) prior to approval of the
						official plan or revision allowing the use of retaining tanks.
(3) A municipality, sewer authority or sewage
						management agency may delegate or contract for the collection and disposal of
						the contents of the retaining tanks except that the ultimate responsibility for
						the proper collection and disposal of the contents shall remain with the
						municipality, authority or agency.
(4) Whenever the local agency issues permits
						for retaining tanks, the municipality or local agency may impose other
						conditions it deems necessary for operation and maintenance of the tanks to
						prevent a nuisance or a public health hazard.
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 D - OFFICIAL PLAN REQUIREMENTS FOR ALTERNATIVE EVALUATIONS › Section 71.65 - Individual and community sewerage systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an official plan or revision
						proposes the use of publicly or privately owned individual or community
						sewerage system, the official plan or revision shall contain the following, in
						addition to the requirements of Subchapters B and C (relating to the official
						plan requirements; and new land development plan revisions):
(1) An evaluation of alternatives available
						to provide sewage facilities and proof that the proposed sewage facilities are
						the best short- and long-term, environmentally acceptable
						alternative.
(2) An evaluation that
						establishes specific responsibilities for operation and maintenance of the
						proposed system under Subchapter E (relating to sewage management
						programs).
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 E - SEWAGE MANAGEMENT PROGRAMS › Section 71.71 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Municipalities are required to assure the proper
						  operation and maintenance of sewage facilities within their borders. Proper
						  operation and maintenance of sewage facilities is essential to the provision of
						  adequate sewage treatment and disposal over the functional life of a sewage
						  treatment system. Municipalities shall, therefore, address long-term operation
						  and maintenance in official plans and revisions to official plans. Subchapters
						  B and C (relating to official plan requirements; and new land development plan
						  revisions) and this subchapter provide the planning requirements to identify,
						  evaluate and implement the operation and maintenance needs of existing and
						  proposed sewage facilities within a municipality. The establishment of a sewage
						  management program as part of an official plan or revision to an official plan
						  provides a method of assuring proper operation and maintenance of sewage
						  facilities. The evaluation and implementation of operation and maintenance
						  needs through a sewage management program shall be consistent with the
						  provisions of this subchapter.
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 E - SEWAGE MANAGEMENT PROGRAMS › Section 71.74 - Department responsibilities to require sewage management programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						will require municipalities to revise their official plan to evaluate the
						feasibility of establishing a sewage management program or the inclusion of
						sewage facilities in an existing sewage management program whenever the
						Department determines that one of the following exists:
(1) Existing sewage facilities within the
						municipality are not being properly operated and maintained under this
						part.
(2) A revision for new land
						development is submitted which does not adequately address the administrative,
						technical or legal functions needed to carry out operation and maintenance of
						the proposed facilities.
(3) The
						official plan or revision shows that existing or new sewage facilities need
						periodic inspection, operation or maintenance to provide long-term proper
						operation.
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 E - SEWAGE MANAGEMENT PROGRAMS › Section 71.75 - Private request to require a sewage management program

Current through Register Vol. 54, No. 28, July 13, 2024
A person who is a resident or a legal or equitable
						  property owner in a municipality may file a private request with the Department
						  requesting that the Department order the municipality to revise its official
						  sewage plan under §
												71.14 (relating to private request
						  to revise official plans) when the resident or property owner can show one of
						  the following:
(1) That existing
						sewage facilities within the municipality are not being properly operated and
						maintained under this part.
(2)
						That a revision for new land development does not adequately address the
						administrative, technical or legal functions needed to carry out operation and
						maintenance of the proposed facilities.
The provisions of this §
														71.75 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).
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 F - FEES › Section 71.81 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Delegated agencies and the Department may charge fees
						  for the review of sewage facilities planning modules for new land
						  development.
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 F - FEES › Section 71.82 - Delegated agency fees

Current through Register Vol. 54, No. 28, July 13, 2024
Delegated agencies shall establish fees for the review
						  of sewage facilities planning modules for new land development in fee schedules
						  formally adopted by the delegated agency and available to the public. Fees may
						  be charged for each review of a planning module.
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 F - FEES › Section 71.83 - Department fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fees
						charged by the Department for the review of sewage facilities planning modules
						for new land development shall be as follows and will be shown on and be
						specific to each type of planning module component:
(1) For onlot proposals not qualifying under
						§
													71.55 (relating to exceptions to
						the requirement to revise the official plan for new land development) as an
						exception to the requirement to revise, the fee is $30 per equivalent dwelling
						unit or lot.
(2) For surface
						discharge proposals with flows greater than 2,000 gpd or onlot proposals
						requiring a permit under The Clean Streams Law, the fee is $1,500. For
						proposals submitted by and proposing discharges by political subdivisions, the
						fee is $500.
(3) For public
						sewerage proposals, the fee is $50 per equivalent dwelling unit or lot,
						whichever is greater.
(4) For all
						other proposals, the fee is $35 per equivalent dwelling unit or lot, whichever
						is greater.
(5) For proposals
						consisting of one lot subdivided from a parent tract existing as of December
						14, 1995, there is no fee. The subdivision of a second lot from that tract
						shall disqualify the applicant from the fee exemption.
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 A - GENERAL › Section 72.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter is
						adopted in accordance with the duties imposed upon the Department under the act
						and the Clean Streams Law and applies to local agencies and sewage enforcement
						officers administering the act and to persons installing individual or
						community onlot sewage systems.
(b)
						This chapter is separated into four subchapters. Subchapter A relates to
						general provisions. Subchapter B relates to the permitting requirements of the
						act (35 P. S. §
													750.7).
						Subchapter C relates to the administration of permits for individual and
						community onlot sewage systems (35 P. S. §
													750.8 and
						750.10). Subchapter D relates
						to certification of sewage enforcement officers (35 P. S. §§
													750.8 and
						750.11).
(c) This chapter governs the issuance of
						permits for retaining tanks, or for individual and community onlot sewage
						systems which employ renovation of sewage effluent in a soil absorption area or
						spray field, except for large volume onlot sewage systems. The use of large
						volume onlot sewage systems creates a danger of pollution of the waters of this
						Commonwealth, regulation of large volume onlot sewage systems by the Department
						is necessary to avoid the pollution, and large volume onlot sewage systems
						require permits issued by the Department under sections 201, 202, 207 and 402
						of the Clean Streams Law (35 P.S. §§
													691.201,
						691.202,
						691.207 and
						691.402). No local agency or
						sewage enforcement officer may issue a permit for an individual or community
						onlot sewage system which does one of the following:
(1) Discharges directly to the surface of the
						ground or to the surface waters of this Commonwealth except when the proposed
						sewage system is an individual residential spray irrigation system which
						conforms with the standards established under Chapter 73 (relating to standards
						for onlot sewage treatment facilities).
(2) Is a large volume onlot sewage
						system.
(3) Is proposing or
						designed for the disposal of substances defined as industrial wastes under the
						Clean Streams Law.
(4) Violates
						this chapter, Chapter 71 or 73, the act or the Clean Streams Law.
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 A - GENERAL › Section 72.3 - Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subchapter A
						(relating to general) sets forth general information regarding the chapter
						including definitions, scope and purpose.
(b) Subchapter B (relating to permit
						requirements) establishes requirements for permitting the installation of
						individual and community onlot sewage systems to provide reliable sewage
						disposal facilities that will protect the public health and prevent
						pollution.
(c) Subchapter C
						(relating to administration of permitting requirements) regulates the
						administration of permitting functions by local agencies and sewage enforcement
						officers.
(d) Subchapter D
						(relating to certification of sewage enforcement officers) provides the
						requirements for certification of Sewage Enforcement Officers.
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 72.21 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A local agency
						shall employ or contract with at least one sewage enforcement officer and one
						alternate sewage enforcement officer who have been certified by the
						Certification Board under Subchapter D (relating to certification of sewage
						enforcement officers). References to sewage enforcement officer in this part
						also apply to alternate sewage enforcement officers.
(b) A local agency shall employ an adequate
						number of sewage enforcement officers or contract with individuals, firms or
						corporations to adequately perform the services of sewage enforcement officers
						to administer the applicable provisions of this chapter within the time periods
						in this chapter and in accordance with this chapter and Chapter 73 (relating to
						standards for onlot sewage treatment facilities).
(c) No local agency may issue a permit for
						the installation of an individual or community onlot sewage system except by
						and through a certified sewage enforcement officer employed or contracted by
						the local agency.
(d) The local
						agency by action of its sewage enforcement officer shall issue a permit for an
						individual or community onlot sewage system when the proposed system is in
						compliance with the act and this part.
(e) The actions of local agencies include
						actions of their designated sewage enforcement officers.
(f) A property owner proposing a bonded
						disposal system under §
												73.77 (relating to bonded disposal
						systems) shall bear the cost of activities associated with conducting,
						observing or confirming percolation tests.
The provisions of this §
														72.21 amended under sections
							 7.2 and 9 of the Pennsylvania
							 Sewage Facilities Act (35 P. S. §§
															750.7b and
							 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).
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 72.23 - Limitation on onlot system permit issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The local agency may not issue permits
						for individual or community onlot sewage systems unless the following exist:
(1) The proposed system is consistent with
						the method of sewage disposal contained in the approved official plan, special
						study or update revision of the municipality in which the system is to be
						located.
(2) The municipality is
						implementing its official plan, special study or update revision in accordance
						with a schedule approved by the Department.
(3) The municipality has received approval of
						a revision for new land development or exception to the requirement to revise
						from the Department, a supplement for new land development has been approved by
						the delegated agency serving the municipality or the Department or delegated
						agency has determined that no planning is required under §
													71.51(b)
						(relating to general).
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 72.24 - Applications for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application
						for a permit to install an individual or community onlot sewage system shall be
						made by the owner, owner in equity or a person who is an authorized agent of
						the owner or owner in equity to the local agency, on a form provided by the
						Department. For purposes of this section, an authorized agent shall have
						written permission to apply for a permit, signed by the owner or owner in
						equity of the lot for which the application is made.
(b) The local agency may require additional
						information consistent with the act needed to assure that the system or the
						site will comply with the requirements of the act and this part.
(c) The local agency shall maintain and make
						available for public inspection a permanent record of all permit applications
						submitted, indicating the date received, type of submission and date of
						disposition.
The provisions of this §
														72.24 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).
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 72.27 - Expiration and transfer of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit shall expire if construction or
						installation of an individual or community onlot sewage system and the
						structure for which the system is to be installed has not begun within 3 years
						after permit issuance. A new permit shall be obtained prior to beginning the
						construction or installation. When issuing a new permit the local agency may
						require information necessary to confirm the validity of the original
						application as provided by §
												72.26(b)
						(relating to denial of permits).
(b) A permit may be transferred from the
						permit holder to a new property owner with the transfer of the property.
						Transfers are not valid until approved in writing by the local agency, and
						until new property owners receive a copy of the application under which the
						permit was issued.
The provisions of this §
														72.27 amended under sections
							 7.2 and 9 of the Pennsylvania
							 Sewage Facilities Act (35 P. S. §§
															750.7b and
							 750.9); The Clean Streams Act
							 (35
							 P. S. §§
															691.1-691.1001); and
							 section 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20).
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 72.28 - Revocation of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit
						shall be revoked by the local agency at any time for one or more of the
						following reasons:
(1) When a change has
						occurred in the physical conditions of lands which will materially affect the
						operation of an individual or community onlot sewage disposal system covered by
						a permit issued by the local agency under this chapter.
(2) When one or more tests material to the
						issuance of the permit has not been properly conducted.
(3) When information relevant to the issuance
						of the permit has been falsified.
(4) When the original decision of the local
						agency otherwise failed to conform with the act and this part.
(5) When the permittee has violated the act,
						this part or the requirements of the permit.
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 72.29 - Review of denials and revocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The local agency shall hold a hearing for
						denials or revocations within 30 days after receipt of a written request for a
						hearing. Hearing requests shall state concisely all reasons for the appeal. The
						Department shall be notified of the hearing by the local agency at least 3 days
						prior to the hearing date. This notification shall include a statement of the
						reasons for the appeal.
(b)
						Hearings under this section and a subsequent appeal shall be conducted under
						2
						Pa.C.S. §§
													551-555 (relating to the
						Local Agency Law). The local agency shall defend its actions during the course
						of a subsequent appeal.
(c) The
						Attorney General and the Department shall be notified in writing by the
						appellant of an appeal challenging the constitutionality of the act or the
						validity of this part.
This section cited in 25 Pa. Code §
														72.30 (relating to
							 inspection).
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 72.30 - Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No part of an
						individual or community onlot sewage system may be covered until a final
						inspection is conducted and final written approval is given by the local
						agency.
(b) The sewage system shall
						be inspected, approved and covered before the structure is occupied by a
						person.
(c) The applicant shall
						notify the local agency when the installation of the sewage system is completed
						and ready for inspection.
(d) The
						applicant may cover the individual or community onlot sewage system upon
						receipt of written approval by the local agency. If 72 hours have passed,
						excepting Sundays and holidays, since the local agency received the
						notification of completion required by subsection (c), the applicant may cover
						the sewage system unless final written approval to cover has been refused by
						the local agency.
(e) The local
						agency may inspect and make tests before, during or after construction and may
						by order require a sewage system to be uncovered at the expense of the
						applicant, if the sewage system has been covered contrary to this
						chapter.
(f) When the inspection
						reveals that the installation of the sewage system is contrary to the permit
						application or in violation of the act or this part, the permit shall be
						revoked and the provisions of §§
												72.28(b) and (c)
						and 72.29 (relating to revocation of
						permits; and review of denials and revocations) apply.
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 72.31 - Conditions related to the installation of permit exempt systems

Current through Register Vol. 54, No. 28, July 13, 2024
A person installing a permit-exempt system shall
						  indemnify and hold harmless the Commonwealth, the local agency, the sewage
						  enforcement officer serving the municipality in which the system is located and
						  the municipality where the system is located from and against damages to
						  property or injuries to any persons and other losses, damages, expenses,
						  claims, demands, suits and actions by any party against the Commonwealth, the
						  local agency, sewage enforcement officer and the municipality in connection
						  with the malfunctioning of the onlot sewage system installed under the permit
						  exemption provisions of this chapter. It is the sole responsibility of the
						  property owner who installed or contracted for the installation of a sewage
						  system under the permit exemption provisions of this chapter or the property
						  owner who accepted responsibility for the system upon purchase of the property
						  under the disclosure provisions of §
												72.32(a)
						  (relating to sales contracts) to correct or have corrected any system
						  malfunction which contaminates surface water or groundwater or discharges to
						  the surface of the ground. Malfunctions of systems installed under this chapter
						  which contaminate groundwater or surface water or discharge to the surface of
						  the ground shall constitute a nuisance and shall be abatable in a manner
						  provided by law.
The provisions of this §
														72.31 amended under sections
							 7.2 and 9 of the Pennsylvania
							 Sewage Facilities Act (35 P. S. §§
															750.7b and
							 750.9); The Clean Streams Act
							 (35
							 P. S. §§
															691.1-691.1001); and
							 section 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20).