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 71.72 - Sewage management programs for Department permitted sewage facilities and community onlot sewage systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an official plan or revision to an
						official plan for existing needs areas or new land development proposes the
						construction of Department permitted nonmunicipal sewage facilities, or a
						community onlot sewage system permitted by a local agency (except for small
						flow treatment facilities which shall comply with the management provisions of
						§
												71.64(c)(5))
						(relating to small flow treatment facilities)) the official plan or revision
						shall evaluate the options available to assure the long-term proper operation
						and maintenance of the proposed sewage facilities. The municipality, prior to
						adoption of that official plan or revision, shall require one or more of the
						following:
(1) A bond or escrow account
						sufficient to cover the costs of future operation and maintenance of the sewage
						facilities under local ordinances. Bonding, escrow or other security shall be
						forfeited to the municipality upon notice by the Department of continuing
						noncompliance of the system with the operation and maintenance standards
						established through a condition in the permit issued by the Department or local
						agency. 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
						or until the system is in compliance and being properly operated and
						maintained. 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 shall 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 bondholder. The remaining bond totaling 10% of the cost of the
						equipment and installation shall be maintained for the life of the
						system.
(2) A maintenance agreement
						between the property owner and an individual, firm or corporation experienced
						in the operation and maintenance of sewage treatment systems.
(3) 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.
(4) A
						municipal ordinance which requires the system to 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.
(5)
						Establishment of a properly chartered association, trust or other private legal
						entity to assure long-term administration of an operation and maintenance
						program.
(6) Municipal ownership of
						the sewage facilities upon completion.
(7) Establishment of, or inclusion of, the
						sewage facilities under a management agency through existing municipal codes,
						including but not limited to, municipal authorities, sanitary boards and boards
						of health.
(8) Establishment of, or
						inclusion of, the sewage facilities under a management agency through the
						adoption of local ordinances under municipal codes.
(9) One or a combination of the requirements
						in paragraphs (1)-(8) or other actions permitted by and consistent with the act
						and The Clean Streams Law found necessary by the municipality to insure proper
						installation, maintenance and operation of the proposed sewage facilities.