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 71.64 - Small flow treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Small flow treatment facilities require
						adequate operation and maintenance to prevent the creation of environmental
						problems or public health hazards associated with improperly treated sewage.
						This requires the control of small flow treatment facilities through specific
						restrictions on their use.
(b)
						Small flow treatment facilities are restricted to use as a replacement or
						repair system which the Department determines is necessary to abate an existing
						nuisance or public health hazard or as a system to serve residential dwellings
						or commercial facilities which generate domestic wastewater not containing
						industrial waste.
(c) When an
						official plan or update revision proposes the use of small flow treatment
						facilities, the official plan or revision shall, as a minimum, contain the
						following, in addition to the requirements of Subchapters B and C (relating to
						official plan requirements; and new land development plan revisions):
(1) Documentation that soils are not suitable
						for the installation of individual or community onlot sewage disposal systems,
						excluding individual residential spray irrigation systems proposed for use in
						areas outside the watershed of waters classified as high quality or exceptional
						value under §§
													93.6 and
						93.9 (relating to general water
						quality criteria; and designated water uses and water quality
						criteria).
(2) A preliminary
						hydrogeologic evaluation when the small flow treatment facility will use land
						disposal or a dry stream channel discharge for final disposal. This evaluation
						shall include:
(i) The most recent 71/2'
						United States Geologic Survey Topographic map with the discharge accurately
						plotted.
(ii) The discharge rate
						and quality, including seasonal variations.
(iii) An identification on the topographic
						map of existing groundwater uses for 200 feet in width on each side of the
						channel downstream from the discharge from the system until perennial stream
						conditions are reached.
(3) Documentation, using the information
						developed in paragraph (2), which confirms that existing or proposed drinking
						water uses will be protected and that effluent will not create a public health
						hazard or a nuisance.
(4)
						Documentation that the proposed use of these small flow treatment facilities
						does not conflict with comprehensive sewage planning for the area.
(5) An evaluation that establishes specific
						responsibilities for operation and maintenance of the proposed system which
						shall include documentation that one or a combination of the following
						operation and maintenance requirements have been established or approved in
						writing by the municipality:
(i) A maintenance
						agreement between the property owner and an individual, firm or corporation
						experienced in the operation and maintenance of sewage treatment
						systems.
(ii) A maintenance
						agreement between the property owner and municipality or its designated local
						agency which establishes the property owner's responsibility for operating and
						maintaining the system and the responsibility of the municipality or local
						agency for oversight of the system.
(iii) A municipal ordinance which requires
						that the small flow treatment facilities be operated and maintained through a
						maintenance agreement between the property owner and an individual, firm or
						corporation experienced in the operation and maintenance of sewage treatment
						systems.
(iv) Municipal ownership
						of the system.
(v) Inclusion of the
						system under a sewage management agency developed in accordance with §
														71.73 (relating to sewage
						management programs for sewage facilities permitted by local agencies) operated
						by the municipality.
(vi) A
						properly chartered association, trust or other private entity which is
						structured to manage the system.
(vii) Establishment of bonding, escrow or
						other security prior to planning approval. The bonding, escrow or other
						security shall be forfeited to the municipality upon notice of continuing
						noncompliance of the system with the operation, maintenance and monitoring
						standards contained in the permit or noncompliance with the municipal
						assurances for management of the operation and maintenance requirements
						established through this section. The municipality shall use the forfeited
						security to cover the costs of repair or future operation and maintenance of
						the system over its design life. The bonding, escrow or other security shall be
						for an amount up to a maximum of 50% for each of the first 2 years of
						operation. After 2 years of operation, the bond agreement must provide for a
						refund of a portion of the original bond so that only 10% of the cost of the
						equipment and installation is retained by the bond-holder. The remaining bond
						totaling 10% of the cost of the equipment and installation shall be maintained
						for the life of the system.
(6) An evaluation of the density of
						development and the number and density of other similar systems in the
						watershed. As a result of that evaluation, the Department may impose additional
						conditions or limit the construction or operation of small flow treatment
						facilities.
(7) An evaluation of
						the alternatives available to provide sewage facilities which documents that
						the use of small flow treatment facilities is a technically, environmentally
						and administratively acceptable alternative.