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 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › CONSTRUCTION OF ABSORPTION AREAS › Section 73.55 - Elevated sand mounds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Design.
(1) The maximum
						slope of the undisturbed soil, to the extremities of the berm, of a proposed
						absorption area where elevated sand mound trenches may be permitted is
						12%.
(2) The maximum slope of the
						undisturbed soil, to the extremities of the berm, of a proposed absorption area
						where an elevated sand mound bed may be permitted is 12%.
(3) The limiting zone is the base elevation
						for measuring the required depth of sand to achieve a minimum of 4 feet of
						satisfactory material between the bottom of the aggregate and the top of the
						limiting zone.
(4) A minimum of 1
						foot of sand shall be placed under the aggregate in all elevated sand mound
						systems.
(5) Existing mineral soil
						shall be utilized. No mineral soil in the area of the elevated sand mound may
						be removed or disturbed for the purpose of adding or mixing fill
						material.
(6) Elevated sand mound
						trenches shall meet the requirements of §
													73.52(b)
						(relating to standard trenches) and this section.
(7) Elevated sand mound beds on slopes up to
						8% shall meet the requirements of §
													73.53 (relating to seepage beds)
						and subsection (b). Other sand mound beds shall comply with subsection
						(d).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › RETAINING TANKS › Section 73.61 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Retaining tanks are individual sewage systems and
						  require permits. They shall only be used where the Department finds and gives
						  written notice to the approving body that the requirements of Chapter 71
						  (relating to administration of sewage facilities planning program) have been
						  met.
This section cited in 25 Pa. Code §
														73.11 (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 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › RETAINING TANKS › Section 73.62 - Standards for holding tanks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						holding tank shall be constructed to meet the specifications of §
												73.31(b)(1)
						(relating to standards for septic tanks).
(b) The minimum capacity of a holding tank is
						1,000 gallons or a volume equal to the quantity of waste generated in 3 days,
						whichever is larger.
(c) The
						holding tank shall be equipped with a warning device to indicate when the tank
						is filled to within 75% of its capacity. The warning device shall create an
						audible and visual signal at a location frequented by the homeowner or
						responsible individual.
(d)
						Disposal of waste from a holding tank shall be at a site approved by the
						Department.
The provisions of this §
														73.62 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 §
														73.11 (relating to general); and
							 25 Pa. Code §
														73.46 (relating to dosing
							 pumps).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › RETAINING TANKS › Section 73.63 - Standards for privies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Location.
(1) The privy
						shall be located so as to minimize any danger of contamination of water
						supplies. Where possible, the privy shall be downgrade and at least 50 feet
						from any source of water supply.
(2) The structure shall be accessible to the
						user, and at least 50 feet away from any building served.
(3) Consideration shall be given to the
						direction of prevailing winds to reduce odor nuisances.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › RETAINING TANKS › Section 73.64 - Chemical toilet or other portable toilet

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When proposed for use at temporary
						construction sites, facilities providing temporary recreational or sporting
						activities (such as a special event) or temporary seasonal facilities other
						than those intended for human habitation, chemical toilets or other portable
						toilets may be exempt from the onlot permitting requirements of Chapter 72
						(relating to administration of sewage facilities permitting program) at the
						discretion of the local agency but improper installation or maintenance of
						these toilets shall constitute a nuisance under section 14 of the act
						(35
						P. S. §
													750.14) and be enforceable by
						the local agency.
(b) If multiple
						chemical toilets or other portable toilets are proposed for temporary use at
						construction sites, recreational activities or seasonal facilities, all units
						proposed for installation shall be included under one permit.
The provisions of this §
														73.64 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 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › RETAINING TANKS › Section 73.65 - Recycling toilet, incinerating toilet or composting toilet

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Recycling,
						incinerating and composting toilets shall bear the seal of the NSF indicating
						testing and approval by that agency under Standard No. 41.
(b) The device utilized shall meet the
						installation specifications of the manufacturer and shall be operated and
						maintained in a manner that will preclude any potential pollution or health
						hazards.
(c) When the installation
						of a recycling toilet, incinerating toilet or composting toilet is proposed for
						a new residence or establishment, an onlot sewage system or other approved
						method of sewage disposal shall be provided for treatment of washwater or
						excess liquid from the unit, except as provided in subsection (e). Both sewage
						disposal facilities shall be included under one permit.
(d) When the installation of a recycling
						toilet, incinerating toilet, composting toilet or another type of water
						conservation device is proposed for an existing residence or facility and no
						alteration of the onlot system is proposed, a permit is not required.
(e) When a composting toilet or incinerating
						toilet is proposed for installation on a lot meeting the requirements of §
												71.63 (relating to retaining
						tanks), it shall be deemed equivalent to and permitted as a privy. The device
						shall be operated and maintained in accordance with the manufacturer's
						specifications. Discharges of liquids from these units, except to onlot sewage
						systems meeting the requirements of this part or other method of sewage
						disposal approved under this chapter or approved by the Department are
						prohibited.
The provisions of this §
														73.65 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 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › EXPERIMENTAL AND ALTERNATE SYSTEMS › Section 73.71 - Experimental sewage systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Experimental systems may be considered for individual or community systems in
						any of the following cases:
(1) To solve an
						existing pollution or public health problem.
(2) To overcome specific site suitability
						deficiencies, or as a substitute for systems described in this chapter on
						suitable lots.
(3) To overcome
						specific engineering problems related to the site or its proposed
						uses.
(4) To evaluate new concepts
						or technologies applicable to onlot disposal.
(5) To evaluate the applicability to onlot
						disposal of established concepts or technologies having successful use in
						comparable applications in the field of engineering.
(6) To demonstrate a design having successful
						use in other jurisdictions under environmental conditions similar to or more
						restrictive than those in this Commonwealth.
(7) To utilize under varying site conditions
						an experimental design, either in whole or in part, which has been deemed
						successful by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › EXPERIMENTAL AND ALTERNATE SYSTEMS › Section 73.72 - Alternate sewage systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Alternate
						systems shall be considered for individual onlot or community onlot systems in
						any of the following cases:
(1) To solve an
						existing pollution or public health problem.
(2) To overcome specific site suitability
						deficiencies, or as a substitute for systems described in this chapter on
						suitable lots.
(3) To overcome
						specific engineering problems related to the site or its proposed
						use.
(4) To utilize under varying
						site conditions an experimental design, either in whole or in part, which has
						been deemed successful by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › BONDED DISPOSAL SYSTEM › Section 73.77 - General requirements for bonded disposal systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The local agency shall authorize the
						performance of a percolation test, at the owner's expense, when one is
						requested in writing by the owner of the property if the local agency
						determines soil mottling is present.
(b) If the sole reason for a property not
						meeting the requirements for the installation of an individual residential
						onlot sewage system is the presence of soil mottling, the local agency shall
						issue a permit for an individual residential onlot sewage system designed to
						meet the Department's standards when the property owner meets the following
						conditions:
(1) A qualified soil scientist,
						qualified registered professional geologist, certified sewage enforcement
						officer or qualified registered professional engineer, not employed by the
						local agency with jurisdiction over the property in question, confirms in
						writing that the soil mottling observed in the test pits is not an indication
						of either a regional or perched seasonal high water table.
(2) The property owner provides evidence of
						financial assurance satisfactory to the local agency in an amount equal to the
						cost of replacement of the individual residential sewage system proposed and
						the reasonably anticipated cost of remedial measures to clean up contaminated
						groundwater to replace any contaminated water supplies and to repair or replace
						a malfunction of the onlot system. The local agency may not approve financial
						assurance in an amount less than $20,000 or 15% of the appraised value of the
						lot and proposed residential dwelling. The terms of the financial assurances
						shall be for up to 3 years. The local agency may require a continuation of up
						to 2 additional years of financial assurance. The local agency may terminate
						the financial assurance requirement at the end of its term consistent with the
						act.
(3) The property owner
						provides notification to the local agency 7 working days prior to conducting
						soil evaluations under this section and a representative of the local agency
						may observe the soil evaluations and may review resulting reports and
						correspondence.
(4) The property
						owner produces evidence of a clause in the deed to the property that clearly
						indicates soil mottling is present on the property and that an individual
						residential onlot sewage system meeting the requirements of this section was
						installed on the property.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › BONDED DISPOSAL SYSTEM › Section 73.151 - Standards for financial assurances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Financial assurance shall be sufficient
						to meet the requirements of section
						7.2 of the act (35 P. S. §
													750.7b).
(b) The local agency may establish an amount
						of financial assurance above the minimum established by § 73.77(b)(2)
						(relating to general requirements for bonded disposal systems).
(c) A local agency may accept forms of
						financial assurance that establish, to the satisfaction of the local agency,
						its full and unconditional right to demand and receive any sum due it under
						section 7.2 of the act. A local agency may
						authorize a property owner to use the financial assurance for the sole purpose
						of repair or replacement of the onlot system, for remedial measures to clean up
						contaminated groundwater and to replace contaminated water supplies.
(d) The local agency will forfeit the
						financial assurance when it determines that one or more of the following apply:
(1) The property owner has violated or
						continues to violate one or more of the terms or conditions pertaining to the
						financial assurance.
(2) The system
						has malfunctioned.
(3) The
						permittee has violated a condition of the permit or submitted false
						information.
(4) The property owner
						or permittee has failed to properly perform the remedial action
						required.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM STANDARDS › Section 73.161 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Copies of the
						plans and specifications along with the designer's report shall be attached to
						the applicant's copy, local agency's copy and the Department's copy of the
						application for sewage permit.
(b)
						Standards for individual residential spray irrigation systems described in the
						following sections shall also be met: §§ 73.1,
						73.12 -73.14, 73.16, 73.17, 73.21,
						73.31, 73.32, 73.41 and 73.43.
The provisions of this §
														73.161 issued 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 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM STANDARDS › Section 73.162 - Intermittent sand filters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There
						are two types of intermittent sand filters available for use with individual
						residential spray irrigation systems. The standards for free access sand
						filters and buried sand filters are included in this section.
(b) Free access sand filters shall meet the
						following standards:
(1)
Filter.
The filter shall be constructed in a tank meeting the
						following specifications:
(i) The surface area
						of a filter tank shall be a minimum of 40 square feet for systems using an
						aerobic treatment tank and serving a single family residence of three bedrooms
						or less. The filter area shall be increased by 10 square feet for each
						additional bedroom over three.
(ii)
						Systems proposing the use of a septic tank to serve a single family dwelling of
						three bedrooms or less shall be designed using two filter tanks or a single
						tank with two chambers. Each tank or chamber shall have a surface area of 40
						square feet. The filter area of each filter shall be increased by 10 square
						feet for each additional bedroom over three.
(iii) Tanks shall be watertight and made of a
						sound, durable material which is not subject to excessive corrosion or
						decay.
(iv) Concrete tanks shall
						have a minimum wall thickness of 2 1/2 inches and be adequately
						reinforced.
(v) If precast slabs
						are used as tank tops to support the access covers, the slabs shall have a
						thickness of at least 3 inches and be adequately reinforced.
(vi) Tanks shall be designed and constructed
						so that the depth from the cover to the top of the sand layer provides
						sufficient freeboard to allow for maintenance of the sand surface.
(vii) Access shall be provided by a minimum
						of two access openings. These access openings shall be a minimum of 36 inches
						by 36 inches and provide access to the entire surface of the filter.
(viii) The tank wall shall be extended a
						minimum of 6 inches above final grade.
(ix) Access covers shall be insulated against
						severe weather, secured by bolts or locking mechanisms, prevent water
						infiltration and the entrance of debris, and be lightweight to facilitate
						routine maintenance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM STANDARDS › Section 73.163 - Spray fields

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The maximum
						slope of the undisturbed soil where a spray field may be permitted is
						25%.
(b) Individual residential
						spray irrigation system spray fields are not permitted on:
(1) Soils with evidence of a seasonal high
						water table at less than 10 inches from the surface.
(2) Soils with rock formations at less than
						16 inches from the surface.
(3)
						Floodplain soils or floodprone areas unless any required encroachment permits
						have been obtained from the Department and the encroachment is in compliance
						with local ordinances pertaining to flood areas.
(4) Agricultural areas in active production
						of food for human consumption.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM STANDARDS › Section 73.164 - Chlorine contact/storage tanks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The minimum liquid capacity of an
						individual residential spray irrigation system storage tank serving a three
						bedroom dwelling, excluding chlorine contact volume, is 2,000 gallons. The tank
						size shall be increased an additional 500 gallons for each additional bedroom
						over three. Additional increases in size may be required where more than 5 days
						storage is needed due to climatic conditions or when spray fields are located
						in floodplain or floodprone areas.
(b) Storage tanks used in individual
						residential spray irrigation systems shall meet the construction standards in
						§
												73.45(1) and
						(4)-(6) (relating to dose tank). When more
						than one tank is used, the tanks shall be connected together at the bottom to
						equalize the liquid level in the tanks.
The provisions of this §
														73.164 issued 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 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM STANDARDS › Section 73.165 - Disinfection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Disinfection of
						effluent is required prior to spraying. The disinfection shall be by
						chlorination and shall produce an effluent which will contain a concentration
						not greater than 200 fecal coliform organisms per 100 milliliters in a single
						sample. Disinfection units shall be installed in accordance with the
						manufacturer's specifications. Disinfection units shall be reliable, able to
						disinfect sewage effluent and be easily maintained by the property
						owner.
(b) A chlorinator shall be
						designed to maintain a chlorine residual of 0.2 PPM to 2 PPM and provide for a
						30 minute contact time.
(1) When an erosion
						chlorinator is proposed, the base of the unit may be placed no deeper than 36
						inches below finished grade.
(2)
						When a lift pump is used to keep the unit no deeper than 36 inches below
						finished grade, the pump shall have a discharge rate that does not exceed the
						manufacturer's specifications for the erosion chlorinator and shall meet the
						appropriate specification of §
													73.46 (relating to dosing pumps,
						siphons and lift pumps).
(3)
						Chlorine contact time may be obtained using a separate chlorine contact tank or
						in-line chlorination followed by the storage tank.
(4) Chlorinators shall be housed separately
						from chlorine contact tanks or storage tanks unless the tanks are specifically
						designed to house chlorinators.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 73 - STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES › INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM STANDARDS › Section 73.166 - Design of pressure distribution for individual residential spray irrigation systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Design of
						pressure distribution in an individual residential spray irrigation system
						shall comply with the following:
(1)
						Conveyance of effluent from the storage tank to the spray field shall be
						through a delivery pipe sized to minimize friction loss.
(2) Check valves shall be prohibited on
						delivery lines. Air relief valves may be placed at high points in the delivery
						lines to prevent air locks.
(3) The
						delivery line and laterals shall be designed so that the effluent will drain
						back to the storage tank or otherwise designed to prevent freezing of the lines
						and sprinkler heads.
(4) Individual
						laterals shall be sized to minimize friction loss. The hydraulic loss (friction
						and elevation changes) within a lateral shall be less than 20 % of the
						operating head of the sprinklers.
(5) Design of laterals should include
						consideration of measures to prevent freezing of lines.
(6) Spacing of laterals and sprinklers shall
						provide for distribution of the effluent over the spray field using a design
						nozzle pattern that does not overlap adjacent spray nozzle wetted
						perimeters.
(7) Design of the spray
						field shall be based on the manufacturer's sprinkler specifications listing
						operating head, wetted diameter, nozzle size and discharge rate which shall be
						attached to the system design.
(8)
						Sprinklers shall be installed on risers 18 inches to 5 feet above grade
						level.
(9) Sprinklers shall be kept
						clear of obstructing vegetation for a radius of 5 feet.
(10) The design head of the sprinkler may not
						exceed the manufacturer's specifications for each system component.
(11) The minimum pump capacity shall equal
						the total discharge from all sprinklers when operating at design
						head.
(12) Total pump head shall be
						calculated by addition of all losses incurred due to elevation changes, pipe
						and fitting friction losses and the design head of the sprinkler.
(13) The effluent shall be discharged to the
						spray field once per day. A manual override shall be installed in the system to
						allow interruption of this spray cycle when weather conditions are not
						conducive to spraying.
(14) The
						permittee shall conduct a test pressurization of the completed spray field in
						the presence of the sewage enforcement officer prior to covering the piping
						system from view. During the test, the sewage enforcement officer shall confirm
						that all joints are water tight, the design head is achieved and the manual
						override is functional.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 75 - RESERVED › Section 75.11 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 25 Pa. Code §
													272.211 (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 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GENERAL PROVISIONS › Section 76.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
						words and terms, when used in this chapter, have the following meanings, unless
						the context clearly indicates otherwise:
Contractor
-A person who contracts with
						  a development agency to perform construction on a development project or
						  demonstration project.
Demonstration period
-The period of
						  time agreed upon by the Department and a development agency to determine
						  whether a demonstration project is either technologically feasible or
						  economically feasible or both.
(b) Other words and terms not otherwise
						defined in this chapter have the meanings ascribed to them in the Pennsylvania
						Solid Waste Resource Recovery Development Act (35 P. S. §§
													755.1-755.14), hereinafter referred to as
						"the act" unless the context clearly indicates otherwise.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GENERAL PROVISIONS › Section 76.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to a development agency
						  applying for a loan or grant or both under the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › APPLICATIONS › Section 76.11 - Preapplication conference

Current through Register Vol. 54, No. 28, July 13, 2024
Prospective applicants shall request the Department to
						  schedule a preapplication conference to discuss the proposed development
						  project before an application is filed with the Department. The purpose of the
						  conference is to facilitate the development of an application that meets the
						  requirements of the act and this chapter. A statement by a Department official
						  at the preapplication conference will not be deemed an order, action or
						  decision of the Department subject to the hearing provisions of
						  2
						  Pa.C.S. §§
													501-508 and
						  701-704 (relating to
						  Administrative Agency Law) nor may a conferee be precluded from submitting an
						  application by virtue of the conference.
This section cited in 25 Pa. Code §
														76.82 (relating to review of
							 Department decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › APPLICATIONS › Section 76.12 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications
						for loans or grants, or both, shall be in writing and shall be made on forms
						prescribed, prepared and furnished by the Department and shall set forth the
						information and be accompanied by the data necessary for the Department to
						determine the applicant's eligibility to be considered for a loan under
						§§
												76.21-76.23 and §§
												76.31-76.33 (relating to eligibility for
						loan; and eligibility for grant).
(b) Each year the Department will establish
						the final date for the submission of an application for loans or grants, or
						both, which could receive funding in that fiscal year. The Department may
						extend the date if it deems an extension necessary. The Department will publish
						the date in the
Pennsylvania Bulletin
. An application received
						by the Department after the date set in the respective year will not be
						considered for funding in that year.
(c) At the request of the Department, the
						applicant shall provide an additional documentation or information the
						Department may deem necessary to insure compliance with the act and this
						chapter.
(d) If two or more
						municipalities or a municipal authority make application for a joint
						development project or demonstration project, or both, a single application
						shall be executed by participating municipalities. In addition, the application
						shall be accompanied by a resolution of each municipality setting forth their
						respective responsibilities and commitments.
(e) If the proposed development project or
						demonstration project, or both, includes the processing or disposal, or both,
						of solid waste generated by a municipality other than the applicant,
						documentation acceptable to the Department shall be submitted to the Department
						setting forth the respective responsibilities and commitments of the
						municipalities involved in the project.
(f) If the Department receives an incomplete
						application, the application will be returned to the applicant with a written
						statement of the reasons the application is incomplete.
This section cited in 25 Pa. Code §
														76.82 (relating to review of
							 Department decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › APPLICATIONS › Section 76.13 - Public notice of application

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a complete application, the Department
						  will publish a notification in the
Pennsylvania Bulletin
that
						  an application has been received and that comments are solicited from
						  interested parties. The Department, in its discretion, may hold a public
						  hearing upon the application.
This section cited in 25 Pa. Code §
														76.82 (relating to review of
							 Department decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › ELIGIBILITY FOR LOAN › Section 76.21 - General eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before a loan will be granted by the
						Department, the development agency shall establish to the satisfaction of the
						Department the following:
(1) The proposed
						solid waste disposal/processing system or the proposed resource recovery
						system, or both, are part of a Department approved official solid waste
						management plan and the plan has been adopted by the development agency or its
						constituents.
(2) The solid waste
						upon which the development project is based will be delivered to the
						project.
(3) The development
						project may not jeopardize the economic stability of existing solid waste
						disposal/processing systems or resource recovery systems, or both, which have
						already been approved by the Department as part of an officially adopted solid
						waste management plan.
(4) Federal
						and State permits or approvals necessary to implement the development project
						have been obtained.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › ELIGIBILITY FOR LOAN › Section 76.22 - Eligibility requirements for disposal/processing system loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
						the requirements set forth in §
												76.21 (relating to general
						eligibility requirements), development agencies, to be eligible for loans for
						construction of solid waste disposal/processing systems shall demonstrate to
						the Department through engineering, economic and other appropriate studies that
						solid waste generation or recovered materials market commitments, or both, are
						insufficient or unavailable to support a resource recovery system.
(b) Municipalities which are or are in
						counties of the seventh and eighth class shall be eligible for loans for
						construction of new solid waste disposal/processing systems only when they
						serve a minimum population of 10,000 persons, except where total county
						population is less than 10,000 persons, in which event, the project shall serve
						the total county populace.
(c)
						Municipalities which are or are in counties of the fifth through eighth classes
						shall be eligible for loans for construction of existing solid waste
						disposal/processing systems.
This section cited in 25 Pa. Code §
														76.12 (relating to applications);
							 25 Pa. Code §
														76.81 (relating to evaluation);
							 and 25 Pa. Code §
														76.82 (relating to review of
							 Department decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › ELIGIBILITY FOR LOAN › Section 76.23 - Eligibility requirements for resource recovery system loans

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements of §
												76.21 (relating to general
						  eligibility requirements), development agencies, to be eligible for loans for
						  construction of resource recovery systems, shall satisfy the Department as to
						  the degree of resource recovery which the project is forecast to accomplish and
						  the commitment of markets for materials or values, or both, recovered by the
						  project.
This section cited in 25 Pa. Code §
														76.12 (relating to applications);
							 25 Pa. Code §
														76.81 (relating to evaluation);
							 and 25 Pa. Code §
														76.82 (relating to review of
							 Department decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › ELIGIBILITY FOR GRANT › Section 76.31 - General eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before a grant is given by the
						Department, the development agency shall establish to the satisfaction of the
						Department the following:
(1) The development
						agency applying for a grant is part of a solid waste management plan approved
						by the Department.
(2) The solid
						waste upon which the demonstration project is based will be delivered to the
						project during the demonstration period.
(3) Federal and State permits or approvals
						necessary to implement the demonstration project have been obtained.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › ELIGIBILITY FOR GRANT › Section 76.32 - Review guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will review applications based on the
						  following guidelines:
(1) The project
						shall be consistent with state, regional and local planning.
(2) The degree to which the project can be
						expected to demonstrate results that will have general application to solid
						waste management problems within this Commonwealth.
(3) The likelihood that the project will
						continue as an ongoing service after the demonstration period.
(4) The degree to which project objectives
						are attainable and measurable within the scope of the project.
(5) The projected quantity and quality of
						materials or energy, or both, recovered.
(6) The projected economic viability of the
						project.
(7) The possible
						duplication of other existing or proposed projects.
(8) The degree of improvement to the
						environment attainable from the project.
This section cited in 25 Pa. Code §
														76.12 (relating to applications);
							 25 Pa. Code §
														76.81 (relating to evaluation); 25
							 Pa. Code §
														76.82 (relating to review of
							 Department decision); and 25 Pa. Code §
														76.83 (relating to order of
							 funding projects).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › ELIGIBILITY FOR GRANT › Section 76.33 - Demonstration project testing and evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Demonstration projects shall include
						provisions for testing and evaluating the environmental effects, effectiveness
						of equipment or processing technology, product quantities and qualities,
						economic feasibility and other guidelines the Department may require.
(b) Applications for grants shall include a
						complete description, with procedures, of the proposed testing and evaluation
						program of the project.
This section cited in 25 Pa. Code §
														76.12 (relating to applications);
							 25 Pa. Code §
														76.81 (relating to evaluation); 25
							 Pa. Code §
														76.82 (relating to review of
							 Department decision); and 25 Pa. Code §
														76.83 (relating to order of
							 funding projects).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › PROJECT CHANGES › Section 76.41 - Department approval requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After a project has been given tentative
						approval, or placed on a priority list, whichever is applicable, written
						approval of the Department is required for project changes which alter the
						approved scope of the project, substantially alter the design of the project or
						increase the amount of Commonwealth funds needed to complete the
						project.
(b) Approval of project
						changes under this section may not commit or obligate the Commonwealth to an
						increase in the amount of the grant or loan, or both, or disbursements
						thereunder unless the increase is agreed to by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › CONSTRUCTION › Section 76.51 - Construction requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						development agency shall provide and maintain competent and adequate
						engineering supervision and inspection for the project to insure that the
						construction conforms with the approved plans and specifications.
(b) A construction contract shall provide
						that representatives of the Department, as appropriate, will have access to the
						work whenever it is in preparation or progress. The contract shall also provide
						that the Department will have access to books, documents, papers and records of
						the contractor which are pertinent to the project for the purpose of making
						audit, examination, excerpts and transcriptions thereof.
(c) The development agency shall construct
						the project or cause it to be constructed as approved by the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REPORTS › Section 76.61 - Construction progress reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Written construction progress reports shall be submitted to the Department
						quarterly for development and demonstration projects by the development agency,
						in consultation with the designer of the plans and specifications and the
						construction contractor. A more frequent progress report may be required for
						some projects, if set forth in the agreement.
(b) Progress reports shall fully describe in
						chart or narrative format the progress achieved in relation to the approved
						schedule and project milestones. Special delays or problems shall be fully
						explained. Progress reports shall be attested to by the project
						engineer.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REPORTS › Section 76.62 - Report of project expenditures

Current through Register Vol. 54, No. 28, July 13, 2024
"Schedule A-Statement of Revenues, Expenditures, and
						  Encumbrances" shall be submitted quarterly or whenever a disbursement is
						  requested, whichever occurs first, throughout the construction period or budget
						  period of the project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REPORTS › Section 76.63 - Interim and final reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The development agency shall submit the following reports for a demonstration
						project:
(1)
Interim
						reports.
Interim report schedules and content shall be established in
						the grant agreement.
(2)
Final report.
The final report shall be submitted in draft
						form at least 90 days prior to the end of the approved project period and shall
						contain the following:
(i) Documentation of
						project activities over the entire period of grant support.
(ii) Description of the development agency
						achievements with respect to stated project purposes and objectives.
(iii) Technical aspects of the project, both
						negative and positive, in complete detail.
(iv) The findings, conclusions and results of
						the agency, including, when applicable, an evaluation of the technical
						effectiveness, environmental effects and economic feasibility of methods and
						techniques demonstrated.