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1 PENNSYLVANIA SEWAGE ACT FACILITIES 35 Act of Jan. 1965, P.L. 1535, No. 537 Cl. 24, (1966) AN ACT for and regulation of community sewage the Providing planning sewage requiring individual systems; systems and for systems in their municipalities to submit plans requiring permits for grants; authorizing jurisdiction; such systems; persons disclosure installing requiring in certain sale contracts; authorizing the statements land Resources and administer of Environmental to adopt Department standards and procedures; creating rules, regulations, an committee; providing remedies and prescribing advisory (Title penalties. Dec. 2, 1976, P.L.1264, No.280) amended Compiler's Section 1101 of Act 45 of 1999 provided Note: Act 45 shall repeal or in any way affect Act that not 315. Note: 15 of Act Compiler's provided that 67 of 1990 Section is repealed insofar as it relates to fee Act 537 payments. OF CONTENTS TABLE 1. Short Title. Section 2. Definitions. Section Declaration of Policy. Section 3. 4. Advisory Committee. Section 5. Section Plans. Official Section 6. Grants and Reimbursements Authorized. Section 7. Permits. Section 7.1. Land Sale Contracts. Section 7.2. Mottling. Soil 7.3. Individual Spray Irrigation Systems. Section Residential Powers Agencies. Duties of Local 8. Section and Powers 9. Duties of the Environmental Quality Section and Board. 10. Powers and Duties of the Department of Section Environmental Resources. 11. Certification Section Board. Civil 12. Remedies. Section Appeals Section 12.1. (Repealed). 13. Penalties. Section Section Fines, Civil Penalties and Fees. 13.1. Section 13.2. Disposition of Fines, Civil Penalties and Fees. Section 14. Nuisances. Section 15. Rights and Remedies Preserved. Existing 16. and Appeals. Section Hearings Section 17. Saving Clause. 18. Severability. Section Section 19. Repealer. 20. Appropriation for Section Training. Section 20.1. Sunset Provisions. Section 21. Effective Date. The Assembly of the Commonwealth of Pennsylvania General hereby enacts as follows: Section 1. Short Title.--This act shall be known and may be cited "Pennsylvania Sewage Facilities Act." as the act: 2. Definitions.--As used in this Section

2 "Advisory committee" the special committee created by means provisions of the the act. system" "Alternate of demonstrated means sewage a method and not described in the treatment on-lot disposal sewage regulations. the administrative board within "Certification board" means by section department act. the created 11 of this sewage means a system of piping, on-lot "Community system" facilities serving two or more lots and tanks or other and collecting, of sewage into a soil treating disposing or retaining located on one or more of the area absorption tank site. (Def. added July 2, 2013, P.L.246, lots or at another No.41) "Community means any system, whether publicly sewage system" for the collection of sewage or industrial or privately owned, of a liquid nature from two or more lots, and the wastes and/or disposal of the sewage or industrial waste on treatment or more of the or at any other site. one lots system" "Conventional employing the means sewage a system on-lot treatment and disposal of demonstrated use sewage specifically recognized by the technology in a manner under regulations act. The term does not promulgated this sewage systems or experimental sewage systems. include alternate agency" means a municipality, "Delegated agency, local multimunicipal agency or county or joint county department local to which the of Environmental Resources of health Department the delegated to review and approve subdivisions has authority new land developments for to the official plan as supplements of a municipality the subdivision is located. in which means "Department" of Environmental Resources the Department of the Commonwealth of Pennsylvania. "Environmental Hearing Board" means the board established pursuant to section of The Administrative Code of 1929 1921-A the purposes forth in that section. for set Board" "Environmental board established means Quality the 1920-A Administrative Code of 1929 to section pursuant of The purposes set forth for section. the in that sewage means a method of on-lot sewage "Experimental system" disposal not described in the regulations treatment and under this act promulgated is proposed for the purpose which of testing observation. and on-lot sewage means an individual sewage "Individual system" which a system of piping, tanks or other facilities system uses collecting, treating and for of sewage into a soil disposing absorption or spray field or by retention in a retaining area tank. added July 2, 2013, P.L.246, No.41) (Def. "Individual residential spray irrigation system" means an individual sewage permitted under section 7 of this act system serves dwelling and which treats and disposes which a single using a system of piping, treatment tanks and soil of sewage through spray irrigation. renovation sewage tanks means a system of piping, "Individual system" or other serving a single lot and collecting and facilities disposing of sewage in whole or in part into the soil or into any waters Commonwealth or by means of conveyance to of this site final another disposal. for "Local means a municipality, or any combination agency" thereof acting cooperatively or jointly under the laws of the Commonwealth, county department of health or joint county, county department of health. "Lot" means a part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes,

3 whether immediate which would not be further or future, Whenever a lot for a multiple family subdivided. is used or industrial purposes, dwelling or for commercial the lot shall subdivided an equivalent number of been be deemed to have into lots as determined by estimated sewage single family residential flows. a city, township, borough or home means town, "Municipality" than a county. other rule municipality means a comprehensive plan for the provision "Official plan" systems sewage by a municipality or of adequate adopted authority municipalities the or jurisdiction possessing over and systems to and approved by the of such provision submitted of Environmental Resources as provided State Department herein. plan means a change in the municipality's "Official revision" plan for additional or newly identified or official to provide sewage facilities needs, which future include, but not be may limited any of the following: to, Update revision.--A revision to an (1) comprehensive plan existing the Department of required when official determines an official or municipality Environmental Resources of its parts plan for the existing or or any is inadequate sewage facilities needs of a municipality or its future residents or landowners. Revision for new land development.--A (2) to a revision municipality's plan resulting from a proposed official subdivision. (3) study.--A study, survey, investigation, inquiry, Special report or analysis which is directly related to an research revision. Such study shall provide documentation or other update support to solve specific problems identified in the necessary update revision. (4) Supplement.--A sewage facilities planning module for a subdivision for land development which will not be served new facilities requiring or modified permit from by sewage a new of Environmental under the act of June Department Resources the (P.L.1987, No.394), known as "The Clean Streams 22, 1937 Law," which and approved by a delegated agency is reviewed and under 7(b)(4.3)(iv) of this act. section Exception to the requirement to revise.--A process (5) by regulation established under this act which promulgated land the which a revision for new under provides criteria is not required. development shall include any individual, association, "Person" public or private for profit or not for profit, corporation partnership, trust, estate, department, board, bureau or firm, agency of the Commonwealth, political subdivision, municipality, district, authority, other legal entity whatsoever which or any by law subject of rights and duties. is recognized as the used in any clause prescribing and imposing a penalty Whenever a fine the or imposing term "person" shall or imprisonment, the partnership of an association, include or firm and members of any local agency or municipal, public or private the officers corporation for profit or not for profit. "Qualified registered engineer" means a person professional to practice Commonwealth in this registered who has engineering in the characterization, classification, mapping and experience interpretation of soils as they relate to the function of on-lot sewage systems. disposal "Qualified registered professional geologist" means a person registered to practice geology in this Commonwealth who has experience in the characterization, classification, mapping and

4 interpretation of soils relate to the function of on-lot as they disposal systems. sewage scientist" soil certified as a means "Qualified a person and enforcement documented two years' sewage who has officer and mapping in the characterization, experience classification, relate to the function of on-lot interpretation of soils as they and sewage a bachelor of science degree disposal systems either an accredited college or university or science in soils from American Registry certification by the of Certified in Agronomy, and Soils. Professionals Crops plan" means in which "Residential subdivision a subdivision proposed of the sewage flows will be two-thirds at least daily uses. generated by residential means the of Environmental Resources "Secretary" Secretary of Pennsylvania. Commonwealth of the any substance that "Sewage" any of the waste means contains or excrement or other discharge from the products of bodies human or animals and any noxious or deleterious beings being harmful to the public health, or substances or inimical life, use of water for domestic or aquatic to animal or to the or for recreation, or which constitutes pollution water supply as the 22, 1937 (P.L.1987, No.394), known of June under act Clean Streams Law," as amended. "The enforcement officer" means the official "Sewage local of the agency issues and reviews permit applications and conducts who investigations inspections as are necessary to such and the act and the rules and regulations thereunder. implement mottling" "Soil a soil color pattern consisting of means of different color or shades of color interspersed with patches the dominant soil color which results from prolonged saturation of the soil. means the or redivision of a lot, "Subdivision" division parcel tract two or more lots, tracts, of land or other into of land including changes in existing or other parcels divisions The enumerating of lots lot include as a lot that lines. shall of the tract or tracts remaining after other original portion been subdivided therefrom. have lots Dec. 14, 1994, P.L.1250, (2 amended No.149) Compiler's Section 502(c) of Act 18 of 1995, which Note: the Department and Natural created of Conservation renamed Department and of Environmental Resources the Department of Environmental Protection, Resources as the that the Environmental provided Board shall have Quality the and duties currently vested in it, except powers as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which powers and duties include those forth in section 2. The Secretary of set Resources, referred def. of Environmental to in the was by Act 18 of 1995. The "secretary," abolished of the secretary were transferred to the functions of Conservation Secretary Natural Resources and the and of Environmental Secretary Resources. Compiler's Note: Section 11 of Act 149 of 1994, which amended the definition of "individual residential spray irrigation system," that, on the effective date provided amendment, be issued shall of the under Act 537. permits the effective date of the amendment, permits shall Before be issued under the act of June 22, 1937 (P.L.1987, No.394), as The Clean Streams Law. Section 12 of known Act 149 provided that the amendment shall take effect in 550 days.

5 Section 3. of Policy.--It is hereby declared Declaration policy of the of Pennsylvania through to be the Commonwealth this act: public health, safety and welfare of its To protect (1) the development implementation of plans the citizens through and disposal of sewage waste. for the sanitary cooperation intermunicipal (2) To promote in the of such administration by local and implementation plans government. and eliminate (3) of waters of the To prevent pollution by coordinating for the sanitary disposal Commonwealth planning with program of water quality wastes of sewage a comprehensive management. for the issuance of permits for on-lot sewage (4) To provide systems by local in accordance with uniform disposal government and intermunicipal cooperation to this standards to encourage end. To provide for (5) insure a high degree of technical and competency local government in the administration of within act. this the use of the best available technology (6) To encourage sewage systems. on-site disposal for the rights of citizens on matters of sewage (7) To insure may relate to this act and the Constitution as they disposal Commonwealth. of this July 1974, (3 amended P.L.621, No.208) 22, 4. Advisory An advisory committee Section Committee.--(a) within be appointed months of the passage of this shall three and biennially act membership of which shall be thereafter, composed from the following organizations, of one representative of said representative to be submitted to the secretary the name within ten days of receipt of request for same: Pennsylvania State Association Supervisors, Pennsylvania State of Township of Boroughs, Pennsylvania of Cities, Association League Association Pennsylvania of Township State Commissioners, of County Commissioners, Association State Pennsylvania Association of Plumbing, Heating, Cooling, Pennsylvania Contractors, Society of Professional Inc., Pennsylvania Mortgage Association, Pennsylvania Builders Engineers, Bankers' Association of Realtors, Pennsylvania Association, Pennsylvania Association, Pennsylvania Society of Architects, Landowners Health County Pennsylvania State University, Departments, Municipal Authorities Pennsylvania Pennsylvania Association, Water of the American Association, Water Pollution Section Works of Pennsylvania, American Society of Civil Association Engineers, Pennsylvania Health Association, Environmental Home Engineers Consulting Farmers Council of Administration, National Association of Water Companies, Pennsylvania, Pennsylvania Vacation Land Developers Association, United States Department of Housing Urban Development, Pennsylvania and of Commerce, Pennsylvania of Community Department Department Office Planning and Development, Pennsylvania Affairs, of State Association, and such Bar organizations having a direct other interest area of water and in the as the secretary deems sewage necessary. (b) The advisory committee shall have the opportunity to review proposed regulations, standards and procedures rules, and review existing rules, regulations, standards and shall procedures of the department pursuant to this act. (c) recommendations of the advisory committee shall be The submitted to the secretary who shall give due consideration to the same.

6 (4 amended July P.L.124, No.26) 1, 1989, Note: The of Commerce, referred to Compiler's Department was in subsec. Department of Community renamed (a), the by Act Economic 58 of 1996. and Development The to in subsec. Affairs, of Community Department referred by Act 58 of 1996 and its functions (a), was abolished Department transferred and were to the of Community Development. Economic 5. Section Plans.--(a) Each municipality shall Official department an officially adopted submit for sewage to the plan for within its jurisdiction within such services areas as the may prescribe, and shall period department reasonable to time submit revisions of such plan as may be from time and required adopted hereunder or by order by rules regulations department: however, That a municipality may of the Provided, time initiate and submit to the department revisions of at any said plan. Revisions shall conform to the requirements of the (d) of this and the rules and regulations subsection section of the department. shall review and municipality upon revisions (a.1) The act land development and exceptions to the requirement for new to an official within sixty days of receipt of a revise plan or such additional time as the applicant complete application municipality may agree to in writing. and of the Failure municipality the sixty-day period or any agreed-to to act within extension shall the revision for new land development time cause requirement to revise to be deemed approved or exception to the municipality, and the complete application shall be by the to the submitted by the municipality or applicant. department Any or legal who is a resident (b) or equitable person property in a municipality may file a private request owner with the department requesting that the department order the municipality to revise official plan if the resident or its owner can that the official plan is not being property show to meet resident's or property or is inadequate implemented the disposal needs. This request may be made only owner's sewage a prior written upon and written refusal by the after demand or revise its official plan or municipality to so implement of the municipality to reply in either the affirmative failure within or negative days or failure of the municipality sixty its official within the time limits to implement plan plan's implementation schedule or failure established in the its official plan within the to revise limits established time by regulation. request to the department shall contain a The of the area of the municipality in question and a description list of all reasons why the plan is believed to be inadequate. Such person give notice to the municipality of the request shall department. to the receipt of a private request for revision, the Upon (b.1) notify the municipality and appropriate shall department agencies within the municipality, planning a planning including agency areawide jurisdiction, if one exists under the act with 31, 1968 (P.L.805, No.247), known as the "Pennsylvania of July Municipalities Planning Code," and the existing county or joint county department of receipt of the private request of health inform may that written comments and be submitted to the them no later than forty-five days after the department's department receipt of the private request for revision. In arriving at its decision, department shall consider: the (1) The reasons advanced by the requesting person. (2) The reasons for denial advanced by the municipality.

7 (3) The of the planning agencies and county or comments county departments joint of health. the proposed (4) and documentation sewage Whether facilities sewage the with supporting facilities proposed is consistent regulations. and rules department's the The municipality's official plan. (5) shall render a decision (b.2) inform the The department and the revision municipality person requesting and the appropriate hundred one days after either receipt within in writing twenty of the by this section or the expiration of comments permitted forty-five comment period when no comments have been the day an extended if agreed to in writing or within received period making the request. The department's decision by the person the nature of the revision to the municipality's shall specify plan the municipality will be required to official that or the reasons for refusal. If the department implement orders a requested the order shall specify time limits for revision, completion, including deadlines and compliance plan interim department necessary. The department may the schedules deems to order a requested revision because of not refuse with any applicable subdivision or land inconsistencies zoning, but ordinances, make its order subject to development it may limitations properly placed on the development of the any by the under property its zoning, subdivision or municipality development ordinances orders. If the department land or court to order revision, it shall notify the refuses a requested making the request in writing of the reasons person the for refusal. event the department fails to act within the In the time limits and the applicant takes a mandamus action specified against the department, the court may award costs for counsel and court to the prevailing party. costs The required or any revision thereof may be (c) plan by two submitted or more jointly municipalities. a plan proposing or plan revision for When (c.1) supplement development, the applicant may submit a new the land and shall for the purpose of satisfying general accept, department requirements, any conventional or alternate suitability site system permittable by a sewage enforcement on-lot officer. ((c.1) July 20, 2017, P.L.321, No.26) added (1) Within hundred eighty days of the effective (c.2) one subsection, the department shall, in consultation date of this the advisory committee, develop with technical and scientific, field standards upon which an evaluation of each on-lot testing system that has been classified as an alternate system sewage in accordance with 25 Pa. Code § 73.72 (relating to alternate sewage systems) be based. shall The department in consultation with the advisory (2) shall, review scientific, technical and field testing committee, the for each individual on-lot sewage system and each community data on-lot sewage that is classified as an alternate on-lot system system. sewage If, based on the review specified in paragraph (3) the (2), department determines that there is sufficient scientific, technical and field testing data to reclassify an alternate system as a conventional the department shall reclassify system, alternate as a conventional system. the system If, based (4) review specified in paragraph (2), the on the department determines that there is insufficient or inadequate scientific, or field testing data to continue technical classifying the on-lot sewage system as an alternate system, the department may undertake a rulemaking to remove the system's classification as an alternate system.

8 ((c.2) added 20, 2017, P.L.321, No.26) July Every official shall: (d) plan areas (1) sewage systems are in which Delineate community experiencing in existence, sewage now problems areas with of said areas where a description including disposal problems, are planned community within a sewage systems to be available period, where community sewage areas are not year ten systems within a ten year period planned all to be available and existing subdivisions or approved; for (2) extension of community the Provide orderly consistent with the comprehensive sewers interceptor in a manner needs of the whole area, provided plans this section and that not to limit the development of such shall be construed at an accelerated rate different than that community facilities forth in the official plan; set Provide for adequate sewage treatment facilities which (3) prevent the of untreated or inadequately treated will discharge waste any waters or otherwise provide for or other into sewage and sanitary treatment of sewage or other waste; the safe into (4) all aspects of planning, zoning, Take consideration engineering and economics so as to population estimates, with all practicable precision those portions of the delineate which community systems may reasonably be expected to serve area the ten ten years, and any areas in which after within years, of such services is not reasonably foreseeable; provision Take into consideration (5) existing State plan any affecting use and protection of water and other the development, resources; natural (6) procedures for delineating and acquiring, on Establish a time schedule consistent with that established in clause (4) of this subsection, rights-of-way or easements for necessary sewage systems; community forth Set and proposed methods of a time (7) schedule and operation of the planned the financing construction systems, together with community estimated cost sewage the thereof; by appropriate official planning agencies (8) Be reviewed including a planning agency with areawide within a municipality, if one exists, in accordance with the "Pennsylvania jurisdiction Municipalities Planning as amended, for consistency with Code," of planning for area, and all such reviews shall programs the department with the proposed plans; and be transmitted to the Designate municipal (9) for implementation responsibility of the plan. (1) or department is hereby authorized to approve (e) The official plans, special studies and update revisions disapprove to official plans for sewage systems submitted in accordance with this within one year of date of submission. act The department to approve or disapprove (2) is authorized plans of official such time as the regulations revisions within stipulate, except that the shall shall approve or department disapprove constituting residential subdivision plans revisions within days of the date of a complete submission. The sixty department may act on requests for exceptions to the requirement to revise official within thirty days of receipt of such plans as may by regulation. documentation If the be required fails department within such thirty-day period, it shall to act be deemed that the exception to the requirement to revise the official shall be applicable. The department shall plan determine if a submission is complete within ten working days of its receipt.

9 (3) Delegated shall approve or disapprove agencies within sixty of the date of a complete supplements days additional submission applicant and time or such as the agree to in writing. delegated agency agency delegated may The is complete ten days of if a submission determine shall within receipt. its plans official official plan revisions for (4) For and systems and community on-lot sewage on-lot individual sewage use of such systems when designed and systems, in the approved with of this act and the regulations accordance the requirements this promulgated the antidegradation act under satisfies act 22, 1937 (P.L.1987, No.394), of the requirements of June Clean Streams Law," and known regulations as "The the under act. ((4) added July 2, 2013, P.L.246, that promulgated No.41) The department is authorized to provide technical (f) to counties, municipalities and assistance in authorities coordinating plans for sewage systems required by this official including revisions plans. act, of such purposes (g) the department is authorized of this act, For private organizations. appropriate to cooperate with department shall maintain and make (h) for The available inspection of all official plans, update public a record and studies submitted for department review, revisions special the date received, type of submission indicating date of and disposition. Any publication adoption of or revision to (i) of proposed or notice a permit for plan for an official of application approval by this act or the regulations department required promulgated this act may be provided by the applicant or under the agent, municipality or the local agency applicant's by publication in a newspaper of general circulation as required by department regulation. Where an applicant or applicant's agent provides required publication, the municipality and the agency shall of the obligation to publish. local be relieved 14, (5 amended No.149) 1994, Dec. P.L.1250, Grants Reimbursements Authorized.--(a) The 6. Section and to administer grants to counties, department is authorized authorities municipalities them in preparing and to assist and plans to official plans for sewage official revisions required by this act, and for carrying out related systems surveys, inquiries, studies, research and investigations, Such grants be made from funds appropriated by analyses. shall General for this purpose and shall equal one-half the Assembly cost of preparing such plans. the grants shall not be Such withheld any municipality which is complying with the terms from act. of this the purposes of this section, costs shall be For exclusive of those reimbursed or paid by grants from the Federal Government. (b) Except as provided in subsection (c), local (1) complying with provisions of this act in a manner agencies the by the secretary shall be reimbursed deemed satisfactory by the department from funds specifically annually appropriated for purpose equal to one-half of the cost of the such expenses incurred by the local agency in enforcement of the provisions of this act. Such grants shall not be withheld from any local agency which with the terms of this act. For the is complying of this costs purposes shall be exclusive of those section, reimbursed by grants from the Federal Government. or paid Applications for reimbursement shall be received no later than March year for expenses incurred during the prior 1 of each of year. The March 1 deadline for the filing calendar

10 applications for may be extended by the secretary reimbursement a period of not than sixty days upon cause shown. for more agency having an application for (2) A local submitted year which was received by the calendar 1993 reimbursement for 1, 1994, shall be eligible for department prior to May section reimbursement expenses incurred during for under this 1993. year calendar agency complying with the provisions of this (c) A local in a manner deemed by the department shall be act satisfactory percent reimbursed of the cost up to eighty-five of the expenses and administration of this act from in the incurred enforcement appropriated by the General Assembly funds specifically for purpose local agency submits documentation which this if the it qualifies for such increased reimbursement. supports that for up to eighty-five percent reimbursement, a local To qualify agency must: Document the delegation or transfer of the (1) acceptance, 7, 8, 12, 13, 14, 15 and 16 administration of sections 13.1, one or more municipalities. act of this from or contract with at least one sewage enforcement (2) Employ engaged actively related to the officer in activities act two one thousand of this hundred administration at least year, including leave and holidays. hours per (3) or contract with adequate administrative support Employ staff. Employ or contract one alternate sewage enforcement (4) with officer. (5) or contract with a qualified soil scientist. Employ Submit to the department for review and (6) comment administrative permit procedures, ordinances of the procedures, municipalities administration to the member of this related act, regulations, permit-related fee schedules and rules, contracted services proposed for use in the local agency. (7) Employ a contractual arrangement with sufficient or have staff to provide local agency response to signed technical for for service the time frames established written requests within and regulations of the local administrative by the procedures agency. 14, 1994, P.L.1250, No.149) (6 amended Dec. Permits.--(a) shall No person 7. install, Section (1) a contract for construction, or alter, construct, or award or connect to an individual sewage repair or community system sewage or construct, or request bid proposals for system or install or occupy building or structure construction, any an individual system or community sewage system for which sewage without first obtaining a permit indicating is to be installed that the and the plans and specifications of such system site in compliance with the provisions of this act and the are standards adopted pursuant to this act. A permit shall not be required by a person a new dwelling is proposed to replace where existing dwelling the size and anticipated a previously where of the dwelling is the same as the previously existing use new and the previously existing dwelling was in use within dwelling one of the anticipated date of the completion of year This exception shall not apply when an active construction. investigation of malfunction is under way by the local agency or the department. may be issued by the local agency No permit in those where a permit from the department is required cases pursuant to the act of June 22, 1937 (P.L.1987, No.394), known as "The Streams Law," as amended, or where the department Clean pursuant to its rules and regulations, determines that such permit is not necessary for the protection of the public health.

11 Except where agency or municipality requires a permit a local no permit or plan shall be required for by ordinance, revision of an individual the system for a on-lot installation sewage or intended structure residential to be occupied occupied by of his or a member family on a owner property the immediate ten acres or more if the owner contiguous tract of land of the the of record as of January 10, 1987. property was owner of such a permit-exempt system shall The (2) installation to be approved not the standards of the be required by or meet or local pursuant to their rules and department agency the regulations or installation of on-lot siting, for design for the siting requirements of subsection systems, sewage except a permit is required by a regulation or ordinance (a.1), unless or municipality of a local person qualifying for agency or the exemption permit to not use the permit exemption. the chooses exemption may also be granted where a ten-acre parcel A permit or lot is subdivided from tract after January 10, 1987. a parent one permit has been granted for a lot, tract or When exemption this any lot, tract or parcel remaining under parcel section, of the lot or parcel which received the permit after subdivision or any lots subdivided therefrom in the exemption or parcels shall be eligible for a ten-acre permit exemption future not must meet the planning, permitting, siting and construction and of the department for on-lot sewage systems. Persons standards qualified for exemption who do not choose otherwise a permit the exemption remain exempt from the planning to use permit of this act. requirements For purposes (3) of this section, the term "immediate the shall sister, brother, family" son, daughter, stepson, mean stepdaughter, granddaughter, father or mother of the grandson, property owner. (a.1) Owners of property qualifying for a permit exemption under this shall install permit-exempt systems in section with the siting requirements: accordance following perimeter (1) tanks and absorption area of the The septic at least hundred feet from the perimeter be located shall two nonutility of any property one hundred-year line, right-of-way, plain river, stream, creek, impoundment, well, flood or any sewer, lake, dammed water, pond, spring, watercourse, storm wetland, water supply or any other body of surface ditch, water and feet from any utility right-of-way. ten Before a person meets the requirements for a (2) who installs the system, such person shall permit-exempt system the local agency of the notify The local agency installation. may a fee, not to exceed twenty-five dollars ($25), to charge the system is located in accordance with the siting verify requirements of subsection (a.1)(1). (a.2) A person a permit-exempt system shall installing and hold the Commonwealth, the local agency, harmless indemnify officer serving the municipality in which enforcement the sewage system is located and the municipality where the system is the located from against damages to property or injuries to any and and expenses, losses, damages, persons claims, demands, other suits actions by any party against the Commonwealth, the and local agency, sewage enforcement officer and the municipality in connection with malfunctioning of the on-lot sewage the installed exemption the permit system provisions of this under It is the sole responsibility of the property owner section. who installed or contracted for the installation of a sewage system the permit exemption provisions of this section under or the property owner who accepted responsibility for the system upon purchase of the property under the disclosure provisions

12 of section 7.1(a.1) act to correct or have corrected of this malfunction which surface or groundwater any system contaminates surface or discharges Malfunctions of of the to the ground. the installed section which systems provisions under of this or discharge to the surface or surface ground contaminate water constitute a nuisance of the shall be abatable ground shall and by law. in a manner provided for individual (a.3) sewage systems and permits For on-lot sewage systems, the use community systems when on-lot of such and in accordance with the requirements of designed approved and regulations promulgated under this act act this the antidegradation requirements of the act of June satisfies the (P.L.1987, No.394), known as "The Clean Streams Law," 22, 1937 the promulgated under that act. ((a.3) added and regulations 2, 2013, P.L.246, No.41) July (1) Application for permit shall be in writing to the (b) agency in accordance the provisions of section 8 of local with and this in such form and shall include such be made shall act, may prescribe. department as the data shall maintain and make The local for public agency available a record permit applications submitted, inspection of all date the type of submission and date of indicating received, disposition. Permits on-lot (2) sewage disposal systems shall be for or denied within time limits prescribed in this issued the of any permit shall be supported by a statement section. Denial of the reasons for such action. in writing (2.1) Permits conventional systems shall be issued or for within days denied of receipt of a complete initial seven If the initial application is found to be application. incomplete, the time for acting thereon shall be extended fifteen days the date of receipt of adequate beyond or amendatory data. supplementary or local In municipalities are not agencies (2.2) which permits alternate systems shall be agencies, delegated for completeness, and, if found to be incomplete, the reviewed for deficiency nature be communicated to the applicant of the shall fifteen within days. in writing for alternate (i) permits found to be Applications system shall be submitted within five days of the complete determination of completeness department by the local to the or authorized representative appropriate action. agency for Permits systems shall be issued or denied (ii) for alternate local agency within forty-five days of transmittal of a by the application to the department. complete In municipalities agencies which are (2.3) or local agencies, permit applications for delegated systems alternate shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant within fifteen days. Permits for in writing systems shall or denied by the local agency alternate be issued days of receipt of a complete application. within thirty In those cases where a local agency has issued (2.4) a permit this section and the department disagrees with the under for the issuance of the permit, the department shall not basis require the revocation of that permit unless the department has provided to the agency justification for its decision local on the provisions based of statute or regulation. specific (3) or structure designed to provide individual No system or community sewage disposal shall be covered from view until body approval the same has been given by the to cover which issued the original permit or its authorized representative.

13 If seventy-two hours elapsed, excepting Sundays and have since the issuing the permit received holidays, body of construction, notification may the of completion applicant or structure said has been cover unless permission system body. by the refused issuing agency shall not issue permits for individual (4) The local sewage sewage unless the system systems or community systems with official plan, a special study is consistent proposed the to the official plan or an update municipality revision of the said is to be located and the municipality is in which system the plan, special study or implementing adequately official in those areas of the municipality covered by update revision study plan, or revision. such event that the municipality has no plan (4.1) In the or has received department approval of an update revision or not study to the special plan or implemented its plan as official required rules and regulations of the department or by by the of the department, may be issued under this order no permits those of the municipality in which the in only areas section that there is a serious risk to the health, department finds welfare safety within or adjacent to the and of persons of the municipality's failure to revise municipality by reason its plan until the municipality has submitted the or implement official said update revision or special study to the plan, plan and received the approval of the department official to, commenced implementation of its plan, update revision or has study with or special a schedule approved by the in accordance department. or or a revision (i) new land development A supplement for interim repairs to or the replacement of existing malfunctioning on-lot sewage systems shall not be denied solely on the basis of the failure municipality in which the new land of the or system in need or replacement is development of repair an update proposed study or revision to submit or special plan by an order of the department its implement as required and regulations of the department or because or the rules the revision study is under review by the update or special department. Every (ii) for the sale of a lot, as defined in contract 2, which is within an area section permit limitations in which are and which is subject to permit limitations under in effect section contain a statement in the contract that this shall indicates to the buyer that sewage facilities are not clearly for that lot and that sewage facilities will not be available and construction of any structure on the lot may not available begin until the department has approved a major planning requirement, including, not limited to, a plan update but or special study. contract for the sale of a lot revision Any not conform to the requirements of this section shall which does be enforceable by the seller against not buyer. Any term the of such purporting to waive the rights of the buyer contract disclosures required in this section shall be void. to the (4.2) The limitations on permit issuance contained in paragraph (4.1) not apply: shall to those the of the municipality where (i) sections department local agency finds that a replacement system or the could be installed on the lot in the event that the original system failed; (ii) to those areas of the municipality outside of the areas delineated in an order of the department as requiring an update revision. The filing of an appeal to a department order issued

14 under this shall not operate as an automatic subsection of the action department; supersedeas of the subdivisions (iii) where or sections to existing thereof agency that either lots or or delegated the finds department or sections thereof have been sold in homes in the subdivision for faith prior to May 15, 1972, and value good to a purchaser limitation provisions the permit of avoiding not for the purpose This clause shall not relieve the of paragraph (4.1). planning municipality as specified in of its responsibilities or act; this department or the local where finds it (iv) the agency permits for the abatement of pollution and/or necessary to issue correction of health the hazards. department by agreement, delegate to a local The may, (4.3) agency county department of health which has or county or joint qualified by the department for receipt of eighty-five been percent reimbursement section 6(c) of this act the power under duty to require submittal of and review and approve or and the facilities for new land development sewage planning disapprove module forms provided by the department. using planning following Additionally, apply: the shall Sewage planning approved by a delegated (i) facilities under this subsection shall not constitute a revision agency to the to revise or exception under this act and requirement rules and promulgated hereunder but shall be a regulations the official sewage facilities plan. to the supplement Delegated agencies may assess fees (ii) the review of for supplements this section. Fees received pursuant to this under shall be used solely for the purpose of administering section the delegated powers and duties related to the new land development planning of this act and the rules and provisions promulgated hereunder. regulations department The the review of supplements may (iii) limit to specific classifications of delegation in the agreements or new land developments. sewage facilities of the (iv) and approval of supplements Delegation review land new may be granted by the department where for development local agency or county or joint county department of health the adequately has the following to the department: documented The municipalities to be included in the (A) or counties agreement municipal or countywide subdivision delegation have land development ordinances in effect under the and of July act 31, (P.L.805, No.247), known as the "Pennsylvania 1968 Municipalities Code." Planning (B) The municipalities to be included in the delegation agreement have a current official sewage facilities plan which is being implemented with the content of the in accordance implementation schedule the provisions of this act, plan's and (P.L.1987, No.394), known as "The Clean the act of June 22, 1937 Law," and regulations promulgated hereunder. Streams The (C) or counties to be included in the municipalities agreement subdivision municipal or countywide delegation have land and ordinances in effect which require sewage development facilities planning approval as a condition attached to final plat approval the "Pennsylvania Municipalities Planning under Code." (D) delegation is requested for the review of new Where land developments proposing the use of public sewerage facilities requiring a new or modified permit under "The not Clean Streams Law," the delegation agreement must include coordination procedures to be used with the department to assure

15 continued compliance the municipal wasteload management with of "The Clean Law." provisions Streams local agency any sewage enforcement officer (E) The and agency the municipalities to be local employed by the serving agreement have not been issued a included in the delegation by the or order for any notice of violation department act rules and regulations promulgated of this violations or the the prior three years as determined by the hereunder for department. A workload is completed by the entity (F) analysis which requesting volume of work analyzes delegation the staffing the support resources needed to and anticipated and program and documents that administer fees proposed to the the by the agency to administer the sewage be charged delegated reviews are sufficient to allow the facilities planning agency to act upon supplements within delegated time limits the established act. by this The department review and approve, prior to (v) shall administrative delegation, rules, procedures, the ordinances, and schedules for services proposed fee regulations, contracts by the delegated agency in the administration for use of the provisions act. Delegated agencies shall use delegated of this provided department for the submittal and review forms by the supplements. of all Supplements (vi) official plan shall be prepared by to the person the new land development and shall be the proposing and acted upon by the delegated agency. Within ten reviewed of the approval or disapproval of the supplement, a copy days completed the modules and of the approval or planning letter of the delegated agency shall be submitted disapproval to the department by the delegated agency. (vii) Lack by a municipality, local agency of participation or joint county of health in this or county department not the eligibility of the local shall delegation influence that municipality or the local agency itself to agency serving eighty-five percent under section 6(c) receive reimbursement if qualified. act, of this In those areas of the municipality where a revision (4.4) new land development or exception to the requirement to for is required to be approved by the department or a revise is required to be approved agency: supplement by a delegated local agency The not issue permits for individual (i) shall systems or community sewage systems until the sewage municipality has approval of a revision for new land received or exception to revise requirement development from the to the department has been approved by a delegated or a supplement agency. (ii) A contract for the sale of a lot, as defined in this act, for a required revision for new land development, which to the requirement or a required supplement exception to revise been not shall not be enforceable by the seller has approved the buyer unless it contains a statement that against clearly indicates buyer that sewage facilities are not available to the for lot and that sewage facilities will not be available that nor may construction begin until sewage facilities planning has been approved. term of such contract purporting to waive Any required rights buyer to the disclosures the in this of the clause shall be void. (5) Revisions for new land development, exceptions to the requirement and supplements will not be required and to revise permits for on-lot systems may be issued without such planning where either the department or delegated agency determines that:

16 (i) The plan shows that those areas of the official are to be served sewage disposal municipality by on-lot facilities. The area proposed for the use of geology (ii) of the systems conducive to sewage is not individual or community nitrate-nitrogen groundwater contamination. proposed for (iii) is outside of high The area development value watersheds established under the or exceptional quality policies promulgated under "The Clean Streams regulations and Law." (iv) lots and the remaining portion of the All subdivided after are one acre or larger. tract original subdivision testing and site evaluation establish that (v) Soils are available for both a permitted primary on-lot separate sites on each and system sewage system a replacement sewage on-lot of the subdivision. lot Revisions for new land development and supplements (5.1) not required for subdivisions proposing a connection to or are of public sewers an extension where: department (i) existing collection, determines The that treatment are in compliance with "The and conveyance facilities Law" and the rules and Clean promulgated Streams regulations thereunder. department determines that the permittees of the The (ii) facilities have submitted information under sewerage receiving Clean Streams Law" which "The that the existing documents collection, and treatment system does not have an conveyance hydraulic overload or five-year projected existing or organic overload. The applicant has provided certification from the (iii) of the collection, and treatment permittees receiving conveyance to the in which or delegated agency facilities the municipality subdivision that there is capacity to receive and is located treat the sewage flows from the applicant's proposed new land development and the additional wasteload from the proposed that land development not create a hydraulic or organic new will projected overload overload. or five-year has (iv) approved sewage municipality The a current update revision which is being implemented. facilities plan the (5.2) under paragraph (5) or (5.1) Where determination is made by a delegated agency, that agency of this subsection submit to the department quarterly reports which shall include the of the subdivisions, location of the subdivisions, names of lots projected sewage flow for each subdivision number and from the planning provisions under this subsection and exempted other information as may be required under the rules and such of the department. regulations provisions of this The shall not apply to new subsection land development proposals intended to be served by sewage facilities requiring or modified permit from the a new under "The Streams Law." department Clean local agency If the that: (i) any change has (6) determines in the physical conditions of any occurred which will lands materially the operation of the community sewage system affect sewage system covered by any permit issued by the or individual local agency under section 7 of this act, or (ii) one or more tests material issuance of the permit has not been to the conducted, material information properly to the or (iii) of the issuance has been falsified, or (iv) the original permit decision of the local agency otherwise failed to conform to the provisions act or the rules and regulations of the of this and or (v) the permittee has violated the rules department,

17 regulations of the department which the permit was issued, under permit shall Such action shall be taken after the be revoked. opportunity for has been given to the notice and hearing permittee. or installation (7) of an individual If construction sewage and system building or sewage or community system of any such structure is to be installed has not for which system three years after the issuance of a permit for within commenced the said permit shall expire, and a new permit such system, prior be obtained of said construction shall to the commencement or installation. Upon of deep soil test pits completion (8) of inspection the inspector shall immediately notify percolation and tests, owner that the tests the complete. Within three property are after such notice, the property owner shall receiving days pits and holes. Any person who fails to comply the test backfill the provisions with subsection shall be subject to the of this remedies penalties provided in sections 12, 13 and 13.1. and Dec. 14, P.L.1250, No.149) (7 amended 1994, Section Compiler's provided that 7 of Act Note: 26 of 1989 shall affect any right to a rural (a) subsection not from permit residence imposed by exemption requirements which legally established prior to was a municipality date of Act 26. effective the 7.1. Land Sale Contracts.--(a) Every contract for Section the sale as defined in section 2 for which there is of a lot existing community system available shall no currently sewage a statement contract clearly indicating to the contain in the that there is no community sewage system buyer and available that for an individual sewage system will have to be a permit pursuant to section 7. The contract shall also clearly obtained state that the buyer should contact the local agency charged with administering act before signing the contract to this the procedure requirements for obtaining a permit determine and sewage if one has not already been an individual for system purposes of this section the terms "community obtained. For and "individual system" system" shall be construed sewage sewage drainage any for the control of surface water to exclude system control of storm runoff water. or the Every the for (a.1) sale of a lot as defined in contract 2 of this act is served by an individual sewage section which was which under the ten-acre permit exemption system installed of section 7 of this act shall contain provisions a statement in the that clearly indicates to the buyer that soils contract and and were not conducted testing that the owner of the site property or properties served by the system, at the time of a malfunction, may liable for any contamination, be held public health or nuisance which occurs as the pollution, hazard malfunction of a sewage system installed in result of the with the permit exemption provisions accordance 7 of section of this act. Every served for the sale of a lot (a.2) by a contract tank, whether permanent or temporary, to which sewage holding is conveyed by a water carrying system and which is designed and constructed ultimate disposal of the sewage to facilitate site in the contain a statement at another contract that shall clearly that the property is served by such a tank indicates and shall provide a history of the annual cost of maintaining or the the from the date of its installation tank effective date of this amendatory act, whichever is later.

18 (b) Any for the sale of a lot which does not contract to the requirements section shall not be conform of this seller against buyer. Any term of such enforceable by the the the of the buyer to the to waive contract purporting rights section shall be void. disclosures required in this Dec. 14, P.L.1250, No.149) (7.1 amended 1994, Soil Within ninety days of the 7.2. Section Mottling.--(a) of this section, the Environmental Quality Board effective date proposed promulgate and regulations that govern the shall rules agencies ability for the construction to issue of local permits sewage systems where soil residential of individual on-lot The rules and mottling shall include, is present. regulations not to, the following: but be limited A requirement a local agency perform a percolation (1) that when one is requested in writing by the owner of the test property, at the expense, where the local agency owner's soil mottling determines is present. the (2) for a property not meeting the sole reason Where installation of an individual residential the requirements for system is the presence of soil on-lot the local sewage mottling, shall a permit for an individual residential on-lot agency issue system to meet the department's standards where sewage designed property owner meets all of the following conditions: the A qualified (i) scientist or qualified registered soil geologist, a certified enforcement officer professional sewage registered engineer, not employed by or qualified professional local agency with jurisdiction over the property in the confirms question, that the soil mottling observed in writing or test in the an indication of either a regional pits is not perched seasonal high water table. (ii) The property owner provides evidence of financial assurance to the agency in an amount equal to the cost local of the individual sewage system of replacement residential the proposed cost of remedial reasonably and anticipated groundwater, to replace any to clean measures up contaminated supplies and to repair or replace a contaminated water on-lot malfunction In no case shall the local of the system. approve assurance in an amount less than twenty agency financial dollars ($20,000) or fifteen percent of the appraised thousand of the lot and proposed residential dwelling for each value up to three years. local agency may require an year The years' financial assurance. The local agency additional two waive the financial assurance shall after five requirement years. The owner provides notification to the local (iii) property agency working days prior to conducting soil evaluations seven under this section, and a representative of the local agency may observe soil evaluations and may review resulting the and correspondence. reports property produces evidence of a clause in (iv) owner The the property that clearly indicates soil mottling deed to the on the property and is present an individual residential that on-lot system meeting the requirements of this section sewage installed on the property. was The Environmental (b) Board shall promulgate rules Quality and regulations that are to establish the specific types of financial assurance are acceptable under this section, the that local are procedures to follow in forfeiting the agencies financial and the type of additional financial assurance assurance required if the system approved under this section is replaced. financial assurances may include an option The where assurance local agency may offer for a fee financial the

19 for systems under this section up to the amount installed in subsection (a)(2)(ii). established municipality, sewage officer and The (c) enforcement be held for the performance of an not department shall liable sewage system approved under this individual residential on-lot agency local not be held liable for the section. shall The on-lot sewage system residential performance of an individual this section, except where financial assurance approved under local by the under subsection (b). is provided agency Dec. 14, P.L.1250, No.149) (7.2 added 1994, Section of Act 18 of 1995, which Note: Compiler's 502(c) Department of Conservation and Natural created the renamed and Department of Environmental Resources the Department Protection, as the of Environmental Resources the provided Quality Board shall have that Environmental powers and duties currently vested the except as in it, vested Department of Conservation and Natural in the by Act 18 of 1995, powers and duties Resources which set forth 7.2. include those in section Individual Spray Irrigation 7.3. Section Residential of individual residential Systems.--Permits for the construction irrigation systems be issued by a local agency under spray may act all of the following have been met: this when The local agency has employed or contracted the services (1) of a certified sewage officer who has successfully enforcement department-sponsored mandatory related to completed training design, and siting, inspection of individual construction the irrigation systems. spray residential The site, soil (2) and system design meet the conditions department's for these systems. standards The (3) and the department or delegated agency municipality have approved any required supplement or revision for new land development for proposed use of the system. the The municipality taken action to assure compliance (4) has with which establish standards for system of the regulations of these systems. Such assurance shall operation and maintenance a maintenance agreement approved by the be established through an ordinance an approved requiring until municipality is adopted agreement escrow or other security maintenance or bonding, to cover the costs of future operation and sufficient of the maintenance over its design life up to a maximum system percent each of the first two years of operation of fifty for no more than ten percent each year thereafter of the and and installation cost of the system, establishment equipment chartered or other trusts of properly private associations, entities legal the systems, municipal ownership of to manage the systems, establishment of a sewage management agency to manage the or any combination of the above. systems The applicant submitted documentation to the local (5) has that proposed use of an individual residential spray agency the system will not adversely impact existing irrigation and proposed water supplies and will not create a nuisance drinking or public health hazard. Aerobic tanks (6) in spray irrigation systems shall used have a current National Sanitation Foundation certification or equivalent laboratory The system owner shall certification. test annually discharge to the system for fecal coliforms, the biological oxygen demand (BOD), suspended solids and chlorine residual. of the test results shall be sent to the local A copy agency by certified mail within thirty days after each annual anniversary of the permit date.

20 (7.3 added 14, 1994, P.L.1250, No.149) Dec. Note: Section 149 of 1994, which added Compiler's 11 of Act provided section effective date of that, 7.3, on the shall under Act 537. permits section 7.3, be issued date of section 7.3, permits shall Before the effective the act 22, 1937 (P.L.1987, be issued under of June as The Streams Law. Section 12 of known No.394), Clean provided that section 7.3 Act take effect in 149 shall days. 550 and Duties 8. Powers County of Local Section Agencies.--(a) departments shall administer sections county or joint of health 13.1, 14, 15 and 16 of this act 7, 8, 12, area 13, in the to their The county health department or jurisdiction. subject departments of health may administer the continuing county joint provisions of section 9 and the maintenance enforcement provisions 12 if the local agency under the of section of the county department or joint county jurisdiction health has its authority by of health departments relinquished county health department or joint county resolution to the In all other areas, sections 7, 8, 12, departments of health. 14, 13.1, 16 of this act shall be administered by 13, 15 and municipality unless said municipality has transferred or each the administration of sections 7, 8, 12, 13, 13.1, delegated 15 and 16 of this to another local agency, or is 14, act administration, in conformance with the act cooperating in said 12, 1972 (P.L.762, No.180), and of July other local agency said has administration of sections 7, 8, 12, 13, 13.1, 14, accepted 16 of this act. Municipalities are hereby encouraged 15 and jointly to administer sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of this act or joint county level. No local on a county shall voluntarily administration of the agency surrender act to another local agency pursuant of this provisions except to this section. local agency in addition to the powers and duties (b) Each it by existing upon shall have the power and the law conferred duty: To employ an adequate number of sewage enforcement (1) or contract with individuals, firms or corporations officers perform the services of sewage enforcement to adequately to administer the of section 7 of this act officers provisions time the set forth in this act and in accordance within periods the rules and regulations of the with No person department. shall or contracted as a sewage enforcement officer be employed said certified has been unless by the department pursuant person to standards by the Environmental Quality Board. No person set shall be employed or contracted as a sewage enforcement officer to administer the of section 7 of this act with provisions to a community or an individual system for which respect sewage or is the In such a case, the local agency he was contractor. employ or contract with a certified enforcement shall officer from local agency to administer the provisions of an adjoining particular 7 of this with respect to the section individual act or community sewage system. (1.1) To have at least one alternate sewage enforcement officer as authorized local agency to work in the by the or municipalities local municipality agency. of the To employ (2) with other technical and or contract administrative personnel necessary to support the activities of the enforcement officer and the local agency. sewage (2.1) To adopt by resolution a list of individuals who are sewage enforcement officers employed by companies or

21 corporations under with the local agency to perform contract services of sewage officers. the enforcement of compensation, maintain purchase (3) To set rates offices, supplies. equipment necessary and application fees. To set fee schedule collect (4) and The charges for various types of individual may establish different community sewage systems consistent with the systems sewage and the application and of reviewing administrative costs installation of said system. When engineering supervising the are services by the local agency to or consulting required review complete the application of a permit their application, charged such services shall be reasonable fees or review for with the ordinary and and charges by in accordance customary or consultant service in the community, the engineer for similar shall the in no event exceed the rate or cost charged and fees engineer or consultant to the local agency when fees by the are not by or otherwise imposed on applicants. reimbursed In the event applicant disputes the amount of any (i) the or charges, applicant shall, within ten working fees such the date of billing, notify the local agency that the days of the or expenses are as unreasonable or unnecessary, fees disputed or disapprove the agency case not delay local in which shall for any approval or permit due to the applicant's an application over fees or charges. dispute If, (ii) twenty days from the date of billing, the within agency the applicant cannot agree on the amount of local and or charges which are reasonable and necessary, the fees and agency applicant shall jointly, by mutual agreement, local a qualified engineer professional appoint or registered licensed geologist Commonwealth to review the fees and in this charges and make a determination as to the amount which is reasonable and necessary. In the event the local agency and applicant (iii) that upon professional engineer or geologist to be agree cannot the twenty days of the billing date, then, upon appointed within party, the president judge of the court application of either of the district pleas in which the of common judicial or, if at the time there is no president municipality is located then the senior active judge, then sitting shall appoint judge such or geologist. The engineer or geologist shall be engineer the agency's engineer or geologist nor any neither local engineer or geologist nor consultant who has been professional by or performed for retained the local agency or the services within preceding applicant five years. the (iv) professional engineer or professional geologist The so appointed shall hear such evidence and review such documentation as the in his sole discretion, deems engineer, and render a decision fifty days of the billing necessary within applicant The be required to pay the entire amount date. shall in the decision immediately. determined The fee of the appointed professional engineer or (v) geologist the determining professional reasonable and for necessary shall be paid by the applicant if the amount expenses of the payment required in the decision is equal to or greater than the bill. If the amount of payment required in original the is less than the original bill by five hundred decision dollars ($500) or more, the local agency shall pay the fee of the professional or professional geologist. Otherwise, engineer the local agency and the applicant shall each pay one-half of the fee of the appointed professional engineer or professional geologist.

22 (4.1) To set collect fees necessary to support the and and personnel of a maintenance inspection administrative costs program. and enforcement to be made, or cause and tests (5) such To make inspections out provisions of section 7 to carry be necessary as may the its authorized representatives shall of this the act, and have upon for said purpose. right to enter lands twenty days of the local agency's receipt Within (i) working or by such later of a permit as the applicant application date request or by such later date as the sewage may in writing and may agree, which is confirmed officer enforcement applicant sewage enforcement officer, site suitability in writing by the probe testing and soil percolation testing shall review, soil by the agency and the results provided to be completed local applicant in writing. A one-call system serial number must the be obtained prior testing by the permit applicant or to soil contractor retained applicant to perform the test the by the notification excavation. place no less than shall This take ten working days prior to the excavation. and no more three than review deadline The paragraph shall not apply permit in this who to comply with the fail system to applicants one-call requirement. notification It shall be the obligation of the applicant to have (ii) prepared the site required by written instructions in the manner to the applicant receipt of at least forty-eight provided after notice the local agency or sewage enforcement hours' from of the anticipated time such soils tests officer be will performed. Failure time local agency to comply with these (iii) of the shall entitle the applicant, upon request, to a refund limits of fees paid for soil testing that was not performed by the local agency, the applicant shall be entitled to submit and of soils tests, provided by the department, results on forms consistent conducted act and the with in a manner this certified sewage enforcement hereunder regulations by any need not officer by or under contract with the who be employed agency. Such test results shall be accepted by the local local and its sewage enforcement officer who shall agency upon rely the of such tests in acting on any application. results If an applicant receiving the notice of testing (iv) after to have the site prepared for soil testing in a manner fails by this the applicant required shall not have the right section, the testing of soils to submit performed by a certified results sewage officer not employed by or under contract enforcement with the local agency, nor shall the applicant be entitled to a refund of fees for soil testing as provided in this paid section. (v) the municipality, local agency, local agency's Neither enforcement officer nor the department shall be held sewage on any of action liable arising out of soil tests cause pursuant by a certified section performed sewage to this officer enforcement employed by or under contract with the not local agency. In the event any such party is named as a defendant in such of action, any court of competent cause may, costs discretion, award such jurisdiction to the in its as it deems parties appropriate. (6) To cease issuing permits in designated areas after notice and opportunity for departmental hearing except for the abatement health hazards or public nuisance, of existing notwithstanding the provisions of section 7, upon receipt of a department order pursuant to section 10(7) of this act.

23 (7) To proceed section 12 of this act to restrain under of this act the rules and regulations adopted violations and hereunder. To submit and data to the department as such (8) reports by its and regulations or by order may rules the department require. maintain standards and (9) for To adopt and procedures permits identical to those of the department. and applications rules or regulations which the local agency deems Any other in order to administer enforce section 7 may only necessary and are be adopted this act and the rules with consistent if they hereunder. adopted regulations and such inspections of and (10) measurements To make verify by applicants or private properties which are made on public local agency's authorized representative to determined by the natural or manmade features have which specific isolation from distances required prior to the approval of on-lot sewage are system usage or individual lots. The disposal in subdivisions authorized shall have the right agency's local representative lands for these purposes. to enter upon Sewage enforcement employed or contracted by (c) officers agencies with this act, in performing their local in accordance as required under this act, shall accept duties testing prior data information obtained by a previous sewage enforcement and testing provided site and prior the meets all of officer, that criteria contained in the following paragraphs the 1 through 10 of this and the current sewage enforcement officer subsection the certifies to the local agency. There shall be a same presumption that, unless the prior sewage enforcement officer's certification has revoked or suspended by the department been prior sewage officer's certification has or the enforcement surrendered, testing data and information voluntarily been the sewage enforcement officer is valid unless obtained by the prior currently employed enforcement officer finds that the sewage or more criteria in the following paragraphs 1 one of the 10 of this subsection are not met: through The soil testing performed on the property in question (1) not been in a revocation, suspension or other has cited certification which indicates violations agreement to surrender testing procedures by the previous sewage enforcement of soil officer. (2) exact location of the test to be used for issuance The must be verifiable by at least one of the following of a permit methods: (i) Location of the test pit and percolation hole remnants on the lot current sewage enforcement officer. by the The existence measurements from at least (ii) of recorded on the property landmarks establishing two permanent in question the original test location. A scale drawing of the lot (iii) in question or property indicating location of the tests by reference to at least the permanent landmarks. two Identification of the (iv) location of the tests by exact the prior sewage enforcement officer, provided that his or her certification has been revoked, suspended or voluntarily not to the surrendered department. Verification that (3) percolation test and soils the evaluation was conducted in accordance with the applicable regulations. are Soils description and percolation test data (4) available and recorded on the prescribed form, or its

24 equivalent, in sufficient and quality to be interpreted quantity by others. (5) probes were conducted within ten feet of the The soil area. proposed absorption test on the lot was performed on the (6) percolation The absorption proposed site of the area. who originally observed or conducted the (7) The person under current certified certification testing was the act. of this requirements (8) or falsifications of the test data are No inaccuracies apparent or identifiable. to the have No changes occurred since the time of (9) site testing the materially affect the siting which original will on-lot sewage of an individual or operation or community disposal system. of a notarized statement indemnifying (10) Receipt and harmless sewage enforcement officer, municipality holding the agency local the actions of the new sewage enforcement and for officer. (d) If a sewage officer rejects an application enforcement a permit or previous performed within the immediately for tests years preceding by a previous sewage and six certified and reapplication fees shall officer, enforcement the retesting applicant. The local agency shall pay for be waived to the any and required for a retest and for any equipment operators of the system. This subsection shall not necessary redesign if changes have apply in the physical condition of occurred lands will materially affect the siting or operation of which or community sewage disposal system covered an individual on-lot or for which soils testing has been performed by a by a permit agency or the sewage enforcement officer's certification local been voluntarily has surrendered to avoid prosecution revoked, hearing or suspended by the department for cause or a revocation related to the siting, design or installation inspection of on-lot systems. No municipality, local or sewage enforcement (e) agency orally officer recommend or require or in writing, may, suggest, of any consultant, soil scientist or use the particular or any individual or firm providing professional engineer such where services may be required or are subject to services such to this act or the regulations hereunder. No review pursuant enforcement officer shall perform any consulting sewage or design or related services required or regulated under work act within municipality or local agency by which he the this which he has a contractual relationship or with is employed such services are set in the fee unless of the local schedule agency, fees are paid directly to the local agency the the and records and products relating to such consultation or design work are reviewed by and any subsequent permit is issued by another sewage officer employed by or under contract enforcement the local A sewage enforcement officer may not with agency. issue a permit or participate in the official conduct a test, of an application or official processing of a planning review module an individual or community on-lot sewage system in for the sewage enforcement officer, a relative of the sewage which enforcement officer, a business associate of the sewage enforcement officer of the sewage enforcement or an employer other has the local agency, officer, a financial interest. than Any minimum distance requirement between a private well (f) and a proposed absorption area specified in the regulations agency under act shall not be applicable if the local this finds, after reviewing appropriate groundwater studies submitted

25 by an applicant, that installation of a proposed individual the system does pose a threat of pollution to any well sewage not lot on the distance specified by regulation. within same the a proposed sewage system between The minimum distance individual and any wells on any other lot must be on the applicant's lot regulations in the this act. A local met as specified under than agency, shall act upon any other agency, a delegated an exception under this subsection no later application for days than receipt of a request for an forty-five after agency exception. on any application for shall A delegated act this no later than thirty days under an exception subsection of a request for exception. after costs receipt Reasonable by the agency in evaluating such application for incurred local be charged to the applicant. The local agency, exception may sewage enforcement officer and municipality, shall department incur as a result of the granting of an exception no liability this subsection. contract for sale of a lot as under Every 2 of this defined is served by an act in section which system was installed under this sewage individual which an isolation distance less than subsection distance with the by regulation contain a statement in the specified shall clearly that to the buyer that the isolation contract indicates required by regulation between distances individual on-lot the system and the well on the property being sold were components met. not contract for the sale Any which does not (g) of a lot to the requirements of this section shall not conform be enforceable seller against the buyer. Any term of such by the purporting to waive the rights of the buyer to the contract disclosures required in this section shall be void. (8 amended Dec. 1994, P.L.1250, No.149) 14, Note: Section of Act 18 of 1995, which Compiler's 502(c) Department created Natural of Conservation the and the of Environmental renamed Resources and Department of Environmental Protection, as the Resources Department the Environmental Quality provided shall have that Board powers duties currently vested in it, except as and the Department of Conservation and Natural in the vested by Act 18 of 1995, Resources powers and duties which include set forth in section 8. those 9. Powers Duties of the Environmental Quality Section and Environmental Board shall have the power Board.--The Quality its duty shall and such rules and regulations of be to adopt the department, throughout the Commonwealth, as shall applicable be necessary the implementation of the provisions of this for act. Such rules and regulations shall establish standards for the construction, alteration, maintenance and installation, of individual sewage and community sewage operation systems and treatment plants in such systems, take systems of sewage of latest technological developments in the field cognizance of individual sewage including adoption of standards systems, for sewage of alternate individual providing systems, use standards enforcement programs of local agencies and for for the certification of personnel employed by local agencies to administer the of this act, standards for the provisions review of official acceptance preparation, plans, and and requirements the disbursement of State and Federal funds for to municipalities and local agencies for planning, personnel and of sewage disposal systems. Such rules and construction regulations shall be adopted pursuant to the act of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth Documents

26 Law," upon notice and after such public hearings as the such deems appropriate. rules and regulations adopted by board The under this shall supersede any ordinance, the board section agencies are not in of local which rules or regulations rules and regulations conformity board. with the of the 14, 1994, P.L.1250, No.149) Dec. (9 amended Section 502(c) of Act 18 of 1995, which Compiler's Note: Department of Conservation and Natural created the renamed Resources of Environmental the and Department of Environmental Protection, as the Resources Department the Environmental Quality Board shall have provided that and the currently vested in it, except as duties powers Department of Conservation and Natural in the vested by Act 18 of 1995, which powers and duties Resources include those forth in section 9. set 10. Powers Duties of the Department of Section and department Environmental the power shall Resources.--The have shall be: its and duty municipalities to submit (1) plans and To order official thereto within such time and under such conditions revisions rules and regulations promulgated under this act may as the provide. (2) or disapprove official plans and , at its To approve to approve or disapprove thereto in discretion, revisions with of the department. The department accordance regulations review and act upon a revision may new land development or for an exception to revise or, at its discretion, to the requirement the accept review and approval of the revision municipality's for new land development or exception to the requirement to revise by a municipality further action. If the without disapproves, it shall a written explanation department provide to the of the municipality. deficiencies implementation of official (3) and the To order plans revisions thereto. grants and reimbursements to local (4) To administer by section agencies act. as provided 6 of this the performance To review agencies in the (5) of local administration of this act. To cooperate with local agencies, the advisory (6) committee and in studying and evaluating new methods of sewage industry For purpose of investigating innovative or disposal. the on-lot sewage systems, the department may enter alternative contracts entities. private into with To order deemed agency to undertake actions (7) by a local the necessary to effectively administer this act in department conformance with the rules and regulations of the department. (7.1) To review performance of delegated agencies in the performance of the established by delegation the duties by sections authorized 7 of this act and to agreements 5 and such agreements for cause. revoke To enter (8) lands and make inspections and to require upon submission of papers, books and records by local agencies the for the purposes set forth in this act. (9) To train enforcement officers and to require sewage enforcement to participate sewage in training. officers (10) or suspend the certification of sewage To revoke enforcement officers for cause, or to reinstate same, in accordance the rules and regulations of the department. with The department shall consider complaints filed by local agencies or the public relating to the performance of local sewage enforcement officers.

27 (10.1) To revoke the certification of a sewage or suspend officer for including, but not limited to, enforcement cause, false information to the negligence or providing related and violations of this act which act administration of this for to the issuance of a permit. are not related of firms a list that provide (11) To develop or agencies for gradation specifications of services testing evaluating use in elevated sand mound on-lot disposal systems. A sand for is the sand supplier for an elevated sand mound permittee that in writing shall used in these systems meets that sand certify by the department. established the requirements and collect a processing fee from (12) To set applicants review facilities planning modules for new land of sewage for department. The fees shall be as follows: by the development For any proposal to utilize on-lot sewage systems (i) which proposal not qualify as an exception to the requirement does an official plan with the rules and to revise in accordance department, fee shall be thirty dollars of the regulations the equivalent dwelling unit or per lot. ($30) per For any which can reasonably be expected to (ii) proposal discharge to waters of the Commonwealth or result in a surface surface of the ground of greater than two thousand gallons the to a subsurface absorption area for which per day or a discharge is required under act of June 22, 1937 (P.L.1987, a permit the known Clean Streams Law," the fee shall be one No.394), as "The five hundred dollars ($1,500); thousand the fee for a however, proposal by a political subdivision shall be five submitted dollars hundred ($500). For any (iii) to utilize public sewerage services proposal which utilization does not qualify as or is not designated as a module for sewer project pursuant to the regulations a minor department, the shall be fifty dollars ($50) per of the fee unit lot. dwelling equivalent or per proposals consisting of one lot subdivided from a (iv) For existing as of the effective date of this act, parent tract shall The subdivision of a second lot from the there be no fee. shall disqualify the applicant from the fee exemption. tract For other (v) proposals not designated in subparagraphs all (ii), (iii) (iv) of this paragraph, the fee shall be (i), and ($35) per equivalent dwelling unit or per thirty-five dollars lot. To establish minimum training (13) using any requirements department of training as a prerequisite for curriculum for officer. as a sewage enforcement applicants certification curriculum Such include a period of training under another may certified sewage enforcement officer selected by the department as a prerequisite to certification candidates who pass the for test. certification at the department's discretion, a certified (14) To require, enforcement whose performance has been evaluated sewage officer found deficient by the department to complete a training and course which include a department curriculum of training may of training of another the direction or a period certified under enforcement sewage selected by the department for a officer time period established by the department. This training may be used by the as an alternative to suspension or department for reinstatement certification. as a requirement of a suspended local agency The the training sewage enforcement employing officer must authorize that officer to provide such training services will be offered within the jurisdiction of that which local agency. The costs of department-required training incurred by the training sewage enforcement officer and the local agency

28 employing the sewage enforcement officer shall be paid training department from made available under section 13.2 by the funds of this act. (15) of certain alternate sewage To delegate review the department enforcement by the systems as designated to sewage area of their jurisdiction, qualified by officers, within the such to review the department systems. agencies local necessary action to To require (16) to take service, including, but not limited to, utilizing provide timely of an alternate sewage enforcement officer, the services sewage employing and entering enforcement temporary officers service. for contracts ($50) dollars To collect for the (17) of up to fifty a fee for technical enforcement officers, except that manual sewage sewage officers, local agencies and enforcement certified not be charged a fee. shall municipalities To establish a training course for on-lot sewage system (18) to issue installers, of completion, to publish a certificates of those installers successfully completed the listing who to charge course attendance at the course. a fee and for specific reasons for its decision To provide (19) written whenever any plan to any application applicant or permit under provisions of this act has been returned the required department has determined it to be incomplete the because the department because either additional information requests or verification submitted or because the of information has issued Such information shall specify department a denial. defects in the submission, plan or permit application the found describe the requirements and have not been met. which (20) municipalities and municipal authorities To require to provide waste load management information regarding municipal sewage capacity and expansion plans to any individual upon request. (10 Dec. 14, 1994, P.L.1250, No.149) amended Note: The of Environmental Resources, Compiler's Department section, referred by Act 18 of was to in this abolished functions transferred to the Department Its 1995. were Natural of Conservation and the Department and Resources Protection. of Environmental Section 11. Certification Board.--(a) (1) There is hereby within the department a State Board for Certification created Enforcement Officers. The board shall consist of five of Sewage to be appointed by the One member shall be members secretary. government; one member shall be a a representative of local enforcement officer certified under sewage provisions of the this one member shall be a representative of the act; engineering and two additional members shall be profession; chosen from a list of nominees submitted to the secretary by the advisory The advisory committee shall designate committee. of three for the latter two positions. The a minimum nominees appointed members of the board in the order listed original four above office for one, two, three, three and hold shall years, respectively. Thereafter, each appointment shall be for a period of four years' duration. The secretary may reappoint board members successive terms. Members of the board shall for in office a successor remain is appointed and qualified. until If vacancies prior to completion of a term, the secretary occur shall appoint another member in accordance with this section to fill unexpired term. the (2) The secretary, or his representative, shall call the first meeting of the board at which time a chairman of the board

29 shall be elected. the chairman shall be elected Thereafter, Three members board shall constitute a quorum. annually. of the be called by the as needed to conduct the Meetings may chairman of the board. business board shall members no compensation (3) The of the receive but shall for for actual and their services be reimbursed incurred in the performance of their duties. expenses necessary board shall have the power and its duty shall be, (b) The the with and regulations of the department, in accordance rules to: Review pass upon applications for certification of (1) and officers within thirty days of the receipt sewage enforcement results from the testing contractor. If the board of the test the meet this time period, not applicants who have does within the necessary passing score achieved certification on the examination who are not in violation or restrained by any and regulation from shall be deemed to be department certification certified. Administer as prepared by the such (2) examinations be deemed to determine the fitness as may department, necessary certification. of candidates examinations shall be for Such no less four times in each than year. The board held calendar determine and shall announce, in sufficient time, the shall and time for such examinations, except that the board location allow the to schedule special "walk-in" shall department when agency demonstrates an immediate need examinations a local a sewage enforcement officer. During the to obtain year first of this no fees will be charged for said examinations. act, During second and subsequent years, the board is hereby the authorized to collect a fee of ten dollars ($10) from each applicant. (3) hearings and issue adjudications under the Hold of the act 4, 1945 (P.L.1388, No.442), known provisions of June Agency on any revocation, "Administrative Law," as the suspension or reinstatement of certification by the department: the filing of an appeal with the board Provided, not That shall as an automatic of the action of the operate supersedeas provisions of section 1921-A of The department. The Code notwithstanding, such actions of the Administrative shall not be appealable to the Environmental Hearing department Board. (4) renewal biennially certificates issued Consider for this and collect a fee of fifty dollars ($50) under section, reasonable fee as the or such shall establish by department regulation each certificate holder for such renewal. from Fees collected in excess of the actual administrative cost to the board to process certification renewals shall be dedicated to training sewage officers. enforcement Compile and current a register showing the names (5) keep of certified sewage enforcement officers. Copies and addresses register shall be furnished on request for the of this department and municipalities and upon payment of such for fee as the all others, reasonable department shall for establish. amended Dec. 14, 1994, P.L.1250, No.149) (11 Section 12. Civil Remedies.--(a) Any local agency or any municipality which of a local agency shall have the is a member to institute in equity power to restrain or prevent suits violations 7 of this act occurring within the of section jurisdiction or corporate limits of said local agency or municipality. suits may be instituted after notice has Such intention been served upon the Attorney General of the first

30 to so proceed. ((a) in part Apr. 28, 1978, P.L.202, repealed No.53) (b) General at the request of the department The Attorney power shall to restrain or prevent to institute have proceedings of this of the rules and violations act provisions or of the order of the hereunder promulgated regulations or of any or for the enforcement department order issued hereunder of any issued ((b) repealed in part Apr. hereunder. of the department No.53) P.L.202, 1978, 28, repealed Apr. 28, (c) P.L.202, No.53) ((c) 1978, In cases this section where the department has (d) under agency any permits deemed improperly the local ordered to revoke the provisions of section 7 of this act, or in issued under cases under section where the circumstances require this other health may be endangered, a mandatory public it or the injunction may be issued upon the terms prescribed preliminary court, notice of the application therefor having been by the to the defendant with the rules of equity given in accordance repealed Apr. 28, 1978, P.L.202, No.53) ((d) practice. in part July 22, 1974, P.L.621, No.208) (12 amended 12.1. Appeals.--(12.1 July 22, 1974, Section repealed No.208) P.L.621, Section Penalties.--Any person who shall violate any 13. of this act or the rules, regulations or standards provision pursuant act promulgated or who is the owner of a to this on which a condition which constitutes a property exists this under or who resists or interferes with any nuisance act agent or employe of a local agency or the department, officer, with in accordance provisions of this act, in the the of his duties, of a summary be guilty performance offense. shall conviction Upon such person shall be sentenced to pay thereof, a fine of not less than five hundred dollars ($500) nor more than five dollars ($5,000), plus costs, or to thousand not to exceed days, or both. imprisonment ninety Dec. (13 P.L.1250, No.149) 14, amended 1994, Fines, Penalties and Fees.--(a) In 13.1. Section Civil under any other remedy available addition to proceeding at law for of any provision of this act or or in equity a violation rule promulgated under this act or any order any or regulation issued by the department, municipality or local or permit agency pursuant act, the department, municipality or local to this after notice hearing, may assess a civil penalty agency, and person for that violation. In addition, the against any municipality or local agency department, assess the cost may of damages by such violation and the cost of correcting caused violation. Before assessing a civil penalty or such costs, such the department, municipality or local agency shall provide a violator with of proposed assessment which cites the a notice of this act, permit or order issued violation regulation, and to conduct an assessment hearing to thereunder offer the violation and the amount of the penalty or cost. evaluate notice The assessment shall contain an explanation of proposed right appeal. and of the The department, to a hearing municipality agency shall assign a representative to or local hold the assessment hearing. The assessment hearing shall not be governed by requirements formal adjudicatory hearings for may of the at any time at the convenience and parties. be held The penalty may be assessed whether or not the violation civil was willful. The civil penalty so assessed shall not be less two thousand than hundred dollars ($300) and not more than three five hundred dollars ($2,500) for each violation. In determining

31 the amount of the penalty, municipality or local the department, shall consider: agency willfulness the of the (1) violation; land damage resources or or other (2) to water, natural and abatement; cost uses, their of restoration to the person in consequence of the (3) savings resulting violation; of future and (4) deterrence violation; factors. relevant other (5) whom costs (b) penalty has If a person against or a civil after notice and hearing pursuant been assessed to subsection fails the assessed costs or penalty in full or to (a) to pay de novo subsection (c) within thirty an appeal perfect under assessment of the civil penalty, such failure days following an appeal constitute or perfect a separate to pay shall which may civil penalty for be assessed violation an additional (a). Additional violations shall be pursuant to subsection to occur and additional civil penalties may be assessed deemed to subsection pursuant each time a person fails to pay or (a) an appeal under (c). perfect subsection the (c) or local agency has department, When municipality penalty pursuant to subsection (a) costs assessed or a civil person or (b), with the costs or civil penalty the assessed then have thirty days to pay the costs or penalty in full. shall person wishes to contest the penalty or the fact of the If the the have shall violation, a right to an appeal de novo person to section 16 of this The person shall forward pursuant act. amount civil penalty to the agency or entity the of the the civil penalty within the thirty-day assessing for period placement account with the State Treasurer or any in an escrow of credit in this post an irrevocable letter bank Commonwealth, issued by a Federal or Commonwealth-chartered lending institution or post an appeal bond to the agency or entity assessing the penalty within such thirty days in the civil of the assessed penalty or other such amount as amount civil by a court may or the of competent be approved jurisdiction The Board. must be executed by a Hearing Environmental bond to do business in this Commonwealth and surety licensed in a satisfactory agency or entity assessing the civil form to the administrative or final judicial review of penalty. If through assessed penalty it is determined that no violation the proposed occurred or that amount of the penalty is reduced, the the or entity which the civil penalty shall, within agency assessed remit the appropriate amount to the person. Failure thirty days, the required deposit in escrow or submit to make an irrevocable letter or a surety bond as provided in this subsection of credit the result shall legal rights to appeal in a waiver of all violation or the amount of the penalty. (d) In any case where the department, municipality or local agency determines damage resulting from the violation is that nature, the municipality or local of a continuing department, impose may assessment of not more than two agency a weekly five hundred dollars ($2,500) per thousand for each week week the continues unabated by the violator. The weekly violation shall accrue indefinitely after the date of notice assessment of the assessment to the violator. (e) Costs penalties shall be payable to the agency and civil assessing shall civil penalty and or entity be collectable the in any provided by law for the collection of debts. If manner any person liable to pay these costs or penalty neglects or refuses the same after demand, the amount of the costs to pay may penalty, together with interest and any costs that or civil

32 accrue, shall a judgment in favor of the agency or constitute assessing the or civil penalty upon the real entity costs person property date it has been entered and from of the the prothonotary county where such by the docketed on record of the or entity assessing the cost or civil is situated. The agency time, at any to the prothonotaries of the penalty may, transmit copies of all these judgments, counties respective certified be the duty of each prothonotary and and it shall to enter them to index the same as judgments are indexed docket and the of costs as a condition precedent requiring payment without to the entry thereof. municipality which fails to submit any official (f) Any revision plan, study thereto or has not update or special its official plan as required by any revised or implemented regulation or order of the department shall be subject rule, to a civil penalty. civil penalty so assessed shall be a The of three hundred ($300) per day. The penalty minimum dollars for day of the failure commencing on the be assessed shall each after a date specified for compliance in an order thirtieth day and continue department until that time as the by the shall the required official plan, update revision municipality submits or has commenced implementation of its official or special study in accordance with a schedule plan by the department. approved The shall be paid on the fifteenth day of each penalty month shall be sent to the regional office for succeeding and region of the department in which the municipality is the located. (13.1 Dec. 14, 1994, P.L.1250, No.149) added 13.2. of Fines, Section Civil Penalties and Disposition There is hereby created a restricted nonlapsing Fees.--(a) account for the deposit of all fees, fines and civil penalties authorized by this except as provided under subsection act, to be collected by the All moneys in this (c), department. hereby account department, upon the appropriated are to the the costs of administering the authorization, Governor's for act. provisions of this and (b) penalties collected pursuant to this Fines civil or local agency shall be placed in a act by a municipality account and shall only be used for the repair of restricted damage or mitigation to the public health, for costs of threats to investigate and enforcement action and for the take incurred act. Any fees collected by municipalities of this administration agencies pursuant to this act may only or local for the be used administration act. of this There account created a restricted, nonlapsing (c) is hereby for deposit of fines and penalties collected by the the department under this act from municipalities in accordance with section of this act. Municipalities being assessed 13.1(f) to this act apply to the department for funding pursuant may account to abate nuisances or correct other violations from this act. Disbursement of moneys to these municipalities of this shall be in accordance plans approved by the department with shall the as the work to abate and nuisance or make be allotted required improvements proceeds. The department shall allow the municipalities to pay the fines or penalties incurred under this act installment plans agreed to by both the in reasonable and All municipality. department moneys in this respective account hereby appropriated, with the authorization of the are Governor, for implementing the provisions of this subsection. (13.2 Dec. 14, 1994, P.L.1250, No.149) added Section 14. Nuisances.--A violation of section 7 of this act or the discharge of untreated or partially treated sewage

33 to the surface ground or into the waters of this of the except as specifically by the department Commonwealth, approved 202 under of the act of June 22, 1937 and sections 207 as "The Streams Law," or known (P.L.1987, No.394), Clean agency pursuant to section 7.3 of this permitted by the local a nuisance and shall be abatable in the act shall constitute by law. provided manner (14 Dec. 14, 1994, P.L.1250, No.149) amended Existing Rights Section Preserved.--Nothing 15. and Remedies act be construed as estopping the Commonwealth, in this shall attorney or any agency from or solicitor district of a local or equity to abate nuisances in courts proceeding of law this act, or abate nuisances under forbidden under existing It is hereby to be the purpose of this act to law. declared and cumulative remedies to abate public provide additional hazards and pollution of the waters of this Commonwealth, health nothing in this act contained shall in any way abridge or and rights of action now or hereafter existing alter or remedies the law or statutory law, criminal or under in equity, common shall any provision of this act, or the granting or civil, nor permit under act, or any act done by virtue of this this of any as estopping the Commonwealth, persons or be construed act, in the exercise of their rights under the common municipalities, or decisional law or in equity, from proceeding in courts law or equity to suppress or public health hazards of law nuisances pollution or hereafter any existing, or enforce now or to abate or statutory rights. law common added July 22, (15 P.L.621, No.208) 1974, Section Hearings and Appeals.--(a) Any person aggrieved 16. of a local or sewage by an action enforcement officer agency in granting a permit, issuing an order or other or denying actions taken under this act shall have the right within thirty days after of notice of the action to request a hearing receipt the local Revocation of permits shall occur only before agency. and for hearing has been given to the notice after opportunity under this subsection shall be conducted permittee. Hearings act to the 2, 1968 (P.L.1133, No.353), pursuant of December "Local as the Law." Any subsequent appeal shall known Agency court of common pleas of the county be to the the land where to which permit pertains is located. The Attorney General the be notified in writing appellant of any appeal shall by the the of any provision of this act challenging constitutionality of any rule or regulation promulgated or the validity hereunder. (b) order, permit, or decision of the department under Any act, except as otherwise provided by section 10 (10) and this section 11 of this act, shall be taken, subject to the right of notice and to the Environmental Hearing Board, appeal to section 1921-A Administrative Code of 1929, pursuant of The and act of June 4, 1945 (P.L.1388, No.442), as amended, the as the "Administrative Agency Law," as amended. known amended Dec. 14, 1994, P.L.1250, No.149) (16 17. act Clause.--Nothing in this Section shall be Saving deemed modify, amend or repeal any provisions of the to affect, act of June 22, 1937 (P.L.1987, No.394), as amended. (17 added 22, 1974, P.L.621, No.208) July 18. act provisions of this Section are Severability.--The severable if any provision or part thereof shall be held and invalid or unconstitutional or inapplicable to any person or circumstances, invalidity, unconstitutionality or such inapplicability shall not affect or impair the remaining provisions of this act. (18 added July 22, 1974, P.L.621, No.208)

34 Section 19. acts or parts thereof Repealer.--All with the of this act are repealed. inconsistent provisions July (19 P.L.621, No.208) 22, added 1974, for Training.--There is hereby 20. Section Appropriation department for appropriated 1974-75 fiscal year two to the the fifteen thousand dollars ($215,000) for the training hundred certification of sewage enforcement officers. and (20 added 22, 1974, P.L.621, No.208) July 20.1. Sunset The State Board for Section Provisions.--(a) Enforcement Officers, scheduled for Certification of Sewage under section 6 of the act termination 22, 1981 of December (P.L.508, known as the "Sunset Act," is hereby No.142), reestablished. The board is subject to evaluation, review and (b) termination within the time and in the manner provided in the "Sunset Act." This section, respect to the board, constitutes (c) with required legislation that board under the the to reestablish "Sunset Act." added July (20.1 P.L.124, No.26) 1, 1989, Section Effective Date.--This act shall take effect 21. January Provided, That any local agency which shall 1, 1968: enforce this act in a manner deemed satisfactory to the secretary shall reimbursement as provided in section 6 receive expenses for after July 1, 1967: And provided further, incurred That after July 1, 1967 the department is authorized to administer to any county, municipality or authority grants pursuant to section 6. (21 amended July 22, 1974, P.L.621, No.208)

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