[26 Pa.B. 1491]
[Continued from previous Web Page]
CHAPTER 72. ADMINISTRATION OF SEWAGE FACILITIES PERMITTING PROGRAM 17. § 72.1 (relating to definitions)
In addition to those terms noted in paragraph 1 of this Preamble, defined terms amended or added to this section include ''alternate sewage system,'' ''experimental sewage system,'' ''qualified registered professional engineer,'' ''qualified registered professional geologist,'' ''qualified soils scientist,'' ''person'' and ''soil mottling.''
18. § 72.2 (relating to scope)
Subsection (c) is proposed to be amended to provide that with respect to onlot systems, the chapter governs the issuance of permits for systems which employ renovation of sewage effluent in a soil absorption area or spray field, except for large volume onlot sewage systems. Currently, the chapter pertains to those onlot systems which employ renovation of sewage effluent in a subsurface absorption area. This proposed change is necessitated, in part, because the act authorizes permits for the installation of individual residential spray irrigation systems, which are a type of onlot sewage system.
The subsection also outlines those situations when a local agency may not issue a permit for an onlot sewage system. Those provisions would be retained except that a local agency or a sewage enforcement officer may issue a permit for an individual residential spray irrigation system which is in conformity with the standards established under Chapter 73. In addition, no permit may be issued where there is a violation of Chapters 71--73, the act or The Clean Streams Law.
19. § 72.21 (relating to general)
This section sets forth the general requirements for the administration of an onlot sewage permitting program by a local agency. The existing provisions would be retained. However, a subsection is proposed to be added to incorporate the requirement of section 8(b)(1) of the act (35 P. S. § 750.8(b)(1)) that a local agency employ an adequate number of sewage enforcement officers or have a contractual arrangement with individuals, firms or corporations to adequately perform the services of sewage enforcement officers to administer applicable provisions of the act.
20. § 72.22 (relating to permit issuance)
Subsection (a) provides, in part, that no person may install or construct an onlot system without first obtaining a permit from a local agency. This portion is proposed to be amended to include the awarding of a contract for construction of that system, incorporating an amendment to section 7(a)(1) of the act.
Subsection (b), which relates to the requirement for permits for certain types of alterations to onlot sewage systems, is proposed to be amended to also provide for permits for certain connections to an existing onlot system involving not only repair or replacement, but also a disturbance, modification or enlargement of a treatment tank, soil absorption area or spray field. The proposed amendments are intended, in part, to address permitting requirements for individual residential spray irrigation systems which are now authorized under the act.
The provisions of subsection (c) relating to one permit for multiple installations of chemical or other portable toilets is proposed to be deleted. The installation of these toilets would be subject to the requirements of Chapter 73.
A new subsection(g), is proposed to be added incorporating the provisions of section 7(a)(1) of the act which provide that a permit is not required for a sewage system in those situations when a new dwelling is proposed to replace a previously existing dwelling when the size and anticipated use of the new dwelling is the same as the previously existing dwelling and that dwelling was in use within 1 year prior to the anticipated date of the completion of construction of the new dwelling. The local agency would determine the size and anticipated use of the sewage of the new dwelling in accordance with the absorption area and sewage flow criteria of §§ 73.16 and 73.17. This permit exception will not be applicable in those cases where there is an active investigation of a malfunction by either the local agency or the Department.
21. § 72.23 (relating to limitation on permits)
The heading of the section is prposed to be changed to ''Limitation on onlot system permit issuance.'' This change is intended to make it clear that the permit limitation provisions of this section only apply to onlot sewage systems.
Subsection (a) currently provides that a local agency may issue permits for onlot sewage systems if the proposed system is consistent with the method of sewage disposal contained in the official plan of the municipality in which the system is to be located. It also provides that permits may be issued when a municipality is implementing its plan in accordance with a schedule approved by the Department. The provisions are proposed to be revised by specifying that the proposed system shall be consistent with the approved official plan or a special study or update revision. Similarly, a municipality may issue permits if it is implementing the official plan or a special study or update revision. A local agency would also be authorized to issue permits when a municipality has received approval for a revision for new land development or been granted an exception from the requirement to revise by the Department, when a supplement has been approved by a delegated agency or it has been determined by the Department or delegated agency that no sewage facilities planning is required in accordance with § 71.51 which relates to exemptions from sewage facilities planning for new land development.
Section 7(b)(4.1) of the act provides that ''[i]n the event that [a] municipality has no plan or has not received department approval of an update revision or special study to the official plan or implemented its plan as required . . . or by order of the department, no permits may be issued . . . '' in those areas of the municipality where the Department finds that there is a serious risk to the health, safety and welfare of persons within or adjacent to the municipality. The permit limitations are to remain in effect until the Department has approved or the municipality has commenced implementation of its plan, update revision or special study in accordance with a schedule approved by the Department. Subsections (b) and (c) incorporate these provisions of section 7(b)(4.1) of the act.
Section 7(b)(4.2) of the act outlines those situations when the permit limitation provisions of section 7(b)(4.1) of the act would not be applicable. Permit limitations are not applicable to: (1) areas of the municipality when there is a finding that a replacement system could be installed in the event that the original system failed; (2) those areas of the municipality outside of areas delineated in an order requiring an update revision; (3) existing subdivisions when lots or homes were sold prior to May 15, 1972; and (4) areas where the Department or local agency finds it necessary to issue permits for the abatement of pollution and/or the correction of health hazards. Subsection (d) incorporates these provisions. However, the language regarding replacement systems in subsection (d)(1) clarifies the language of the act in that it makes it clear that the replacement system relates to a replacement soil absorption area or spray field. In addition, a provision would be added noting that permit limitations would not be applicable in the case of interim repairs or the replacement of existing malfunctioning onlot sewage systems.
22. § 72.24 (relating to applications for permits)
The provisions of section 7(b)(1) of the act which require a local agency to maintain and make available for public inspection a record of all permit applications submitted to the local agency are proposed to be incorporated into a new subsection (c).
23. § 72.25 (relating to issuance of permits)
Under the existing provisions of § 72.25, a local agency is authorized to issue permits for certain types of sewage disposal systems, including experimental or alternate onlot sewage systems. The proposed amendment to this section will clarify that the local agencies are authorized to issue permits for conventional systems under this section, but not experimental systems. Procedures for the approval of alternate systems would be further clarified in a new subsection.
In addition, local agencies are authorized to issue permits for the installation of an individual residential spray irrigation system provided there is documentation that the municipality within which the system is to be located has taken action to assure compliance of the system with the standards of proposed § 73.167 (relating to operations and maintenance). In addition, assurances shall be provided by the municipality through one or more of a combination of options. The options specified in subsection (h) are substantially similar to those established for sewage management programs. Refer to Paragraph 14 for a fuller description of those options.
Section 7(b)(2.2) and (2.3) of the act outlines the procedures for the review and approval of applications for permits for alternate sewage systems. These procedures would be incorporated into a new subsection (e). There is one procedure for municipalities and local agencies which are not delegated agencies and another procedure for those which are delegated agencies. Applications submitted to municipalities or local agencies which are not delegated agencies are to be reviewed for completeness by the municipality or local agency. If the application is found to be complete, it is then submitted to the Department for its review. Permits are then to be issued or denied within 45 days of the transmittal of a complete application to the Department.
Municipalities and local agencies which are delegated agencies are authorized to approve or deny applications for alternate systems in accordance with the procedures specified in section 7(b)(2.3) of the act. Permit applications for alternate systems submitted to delegated agencies do not need to be submitted to the Department. To ensure that the delegated agencies are properly administering the alternate system permitting program the Department is authorized to exercise its authority to revoke a permit in accordance with section 7(b)(2.4) of the act. In addition, the performance of the delegated agencies in the administration of the alternate system permitting program, is subject to ongoing evaluations by the Department.
Section 7(b)(2.4) of the act provides that whenever the Department disagrees with the local agency's basis for the issuance of a permit, the Department may revoke the permit if it provides the local agency justification for its decision based on statutory or regulatory provisions. This authority would be incorporated into a new subsection (j).
24. § 72.26 (relating to denial of permits)
Section 8(c) of the act requires that a sewage enforcement officer accept prior testing data and information obtained by a previous sewage enforcement officer provided the site and prior testing meet all 10 of the criteria specified in that section of the act and the current sewage enforcement officer certifies the same to the local agency. Section 8(c) also establishes a presumption that ''. . . unless the prior sewage enforcement officer's certification has been revoked or suspended by the department or the prior sewage enforcement officer's certification has been voluntarily surrendered, the testing data and information obtained by the prior sewage enforcement officer is valid unless the currently employed sewage enforcement officer finds that one or more of the criteria listed are not met.'' The 10 criteria relate to the prior soil testing not being cited in a revocation or suspension of the previous sewage enforcement officer's certification, verification of the location of the previous tests, prior testing being done in accordance with applicable regulations, proper recordation of prior tests, prior soil probes within 10 feet of the proposed absorption area, prior percolation tests performed on the site of proposed absorption area, certification of original person observing or conducting test, inaccuracies or falsifications of test data, and no changes materially affecting the siting or operation of an onlot system occurring since the original testing and indemnification relating to the actions of the new sewage enforcement officer. The preceding provisions have been incorporated into a new subsection (b).
Section 8(d) of the act establishes a procedure to be followed in the event that, after verifying that certain criteria described in the preceding paragraph have not been met, a sewage enforcement officer rejects either an application for a permit or tests certified by a prior sewage enforcement officer within the immediately preceding 6 years. If a sewage enforcement officer rejects a permit or test, the retesting and reapplication fees shall be waived to the applicant. However, the fee waiver would not apply if there have been changes in the conditions of the site which would materially affect the siting or operation of a system, when the previous soils testing was conducted by the local agency or when the previous sewage enforcement officer's certification has been revoked or voluntarily surrendered under certain circumstances or been suspended by the Department for actions related to the siting, design or installation inspection of onlot systems. These provisions would be incorporated into new subsections (c) and (d).
25. § 72.32 (relating to sales contracts)
Certain sections of the act require that contracts for the sale of a lot contain provisions relating to the installation of individual sewage systems or holding tanks in certain circumstances as well as in those cases where permit limitations are in effect.
Section 7.1(a.1) of the act provides that every contract for the sale of a lot which is served by an individual sewage system installed under the 10-acre permit exemption provisions of the act shall clearly indicate that soils and site testing were not conducted and that the person who purchases the property or properties which are served by that system may be liable for any contamination, pollution, public health hazard or nuisance which occurs as a result of a malfunction of that system. This requirement is proposed to be incorporated into subsection (a).
Section 7.1(a.2) of the act provides that contracts for the sale of a lot served by a holding tank designed to facilitate ultimate disposal of the sewage at another site shall state that the property is served by the tank and provide an annual maintenance cost history of the tank from the date of installation or from December 15, 1995, whichever is later. This requirement is proposed to be incorporated into subsection (b).
Section 8(f) of the act provides an exception from the requirements of the act relating to isolation distances between a private well and a proposed absorption area. The exception may apply if the local agency finds that the installation of a proposed individual sewage system ''does not pose a threat of pollution to any well on the same lot within the distance specified by regulation.'' Contracts for the sale of lots in which the exception has been granted shall contain a statement clearly indicating to the buyer that isolation distances between the individual onlot system components and the well which are required by the regulations have not been met. This requirement is proposed to be incorporated into subsection (c).
Paragraph 21 of this Preamble describes those situations when a permit for a sewage system may not be issued. Section 7(b)(4.1)(ii) of the act provides that contracts for the sale of lots in areas where permit limitations are in effect shall state that sewage facilities are not available and may not be available for that lot and that construction of any structure on the lot may not begin until the Department has approved a major planning requirement. The contractual requirements are proposed to be incorporated into subsection (d).
Proposed subsection (e) would provide that the sales contracts described previously in this Preamble which do not conform to the requirements outlined in this Preamble may not be enforceable by the seller against the buyer and that any provision in a sales contract purporting to waive the rights of the buyer to the disclosure required is void. This proposal incorporates similar language relating to land sale contracts in each of the sections of the act discussed in this Preamble.
26. § 72.33 (relating to well isolation distance exemption)
As discussed in paragraph 25 of this Preamble, section 8(f) of the act provides an exemption from the requirements relating to isolation distances between private wells and absorption areas specified in Chapter 73. Proposed § 72.33 would implement the provisions of the act relating to this exemption.
If a local agency determines that the installation of a proposed individual sewage system does not pose a threat to any well on the same lot within the isolation distances between a private well and an absorption area specified in Chapter 73, the isolation distances will not be applicable. However, if a private well is located on another lot, regardless of whether that lot is owned by the owner of the lot to which the exemption applies, the minimum horizontal isolation distances specified in § 73.13 shall be met except in the case of the repair of onlot systems in accordance with the requirements of § 73.3.
The proposals to subsections (c) and (d) set forth the application requirements for a well isolation distance exemption and the time frames for review of the application. A request for an exemption shall contain appropriate ground water studies and be accompanied by appropriate fees or costs. A local agency, other than a delegated agency, shall act upon the application within 45 days of receipt of the required information. A delegated agency shall act within 30 days of receipt of the information.
Section 8(f) of the act further provides that no liability is to be incurred by a sewage enforcement officer, municipality, local agency, delegated agency or the Department as a result of the granting of a well isolation distance exemption. The proposal to subsection (e) incorporates this provision.
27. § 72.41 (relating to powers and duties of sewage enforcement officers)
Section 8(e) of the act contains certain provisions relating to certain potential conflicts of interest with respect to municipalities, local agencies and sewage enforcement officers. Insofar as the provisions apply to sewage enforcement officers, the officer may not suggest, recommend or require the services of a particular consultant, soil scientist, professional engineer or firm providing these services when the services may be required or are subject to review under the act. That section also provides that a sewage enforcement officer may not provide consulting, design and related services regulated under the act within the municipality or local agency by which the officer is employed unless the services are set in a fee schedule, the fees for the services are paid directly to the municipality or local agency and the consulting or design work is reviewed and a permit is issued by another sewage enforcement officer employed by the entity issuing the permit. These provisions are proposed to be incorporated into § 72.41.
28. § 72.42 (relating to powers and duties of local agencies)
The act greatly expanded the powers and duties of local agencies. Prior to the enactment of Act 149, the powers and duties of local agencies were generally limited to activities relating to the administration of the permitting provisions of section 7 of the act. Act 149 expanded the authority of local agencies to include activities relating to applicable provisions of the act pertaining to civil remedies, imposition or assessment of criminal and civil penalties, or both, assessment of fees, disposition of fines, civil penalties and fees and hearings and appeals. When applicable, references to this expanded authority are proposed to be incorporated throughout § 72.42.
Section 8(b)(2.1) of the act requires each local agency to adopt a list of those individuals who are employed as sewage enforcement officers by companies providing these services to the local agency under a contract. The list shall be adopted by a resolution of the local agency. The intent of this requirement is to provide a list of persons authorized to perform the service to those persons served by a local agency. This requirement is proposed to be incorporated into subsection (a)(18).
Section 8(b)(4) of the act authorizes local agencies to charge fees for engineering or consulting services which are necessary for the local agency to complete its review of a permit application. The fees are to be reasonable and in accordance with ordinary and customary charges by the engineer or consultant for services in the community. The fees are not to exceed the rate or cost that would otherwise be charged by the engineer or consultant to the local agency if fees were not reimbursed by or otherwise imposed on applicants. Section 8(b)(4) of the act also sets forth a dispute resolution procedure which shall be utilized in the event an applicant disputes the amount of the fees or charges. These fee and dispute resolution provisions are proposed to be incorporated into subsection (a)(20).
Section 8(b)(5)(i) of the act sets forth a time frame and certain procedures for site suitability review, soil probe testing or soil percolation testing which may be necessary following the receipt of a permit application. A local agency shall complete and provide to the applicant the results of these procedures within 20 working days of its receipt of a permit application unless the procedure are deferred because the applicant requests or agrees to a later date. A one-call system serial number is to be obtained prior to soil testing by the applicant or the contractor retained by the applicant within a specified time period. Failure to obtain this serial number results in the inapplicability of the time limits for local agency review. In accordance with instructions which are to be provided at least 48 hours in advance, an applicant is obligated to have the site prepared for testing. The instructions shall include provisions for deferral of testing due to weather conditions. If a local agency fails to comply with the time limits, the applicant is entitled to a refund of fees paid by the applicant for actual soil testing which was not performed by the local agency and to submit the results of soils tests performed by another certified sewage enforcement officer provided the tests were conducted in a manner consistent with these regulations and on forms provided by the Department. If an applicant does not have the site prepared in accordance with the instructions, the applicant does not have the right to submit soils tests performed by another sewage enforcement officer and is not entitled to a refund for the testing. Finally, the section provides immunity to the municipality, local agency, the local agency's sewage enforcement officer and the Department from any cause of action arising out of the performance of tests by a sewage enforcement officer who is not employed by the local agency. These provisions are proposed to be included in subsection (a)(21).
Section 8(b)(10) of the act authorizes local agencies to make inspections and verify measurements relating to specified isolation distances prior to approval of onlot sewage disposal system usage. The local agency's authorized representative has the right to enter upon lands for these purposes. This authority would be implemented subsection (a)(22).
Section 7.3(5) of the act requires applicants proposing an individual residential spray irrigation system to submit documentation to the local agency that the proposed system will not adversely impact drinking water supplies and will not create a nuisance or a public health hazard. Proposed subsection (a)(23) authorizes the local agency to verify this documentation and to report relevant information to an affected municipality served by the local agency.
Section 7.3(6) of the act requires owners of individual residential spray irrigation systems to test discharges to the spray irrigation system for fecal coliform, biological oxygen demand, suspended solids and chlorine residuals. Certain provisions proposed for Chapter 73 would establish standards for these particular components of the discharges. The municipality within which the system is to be located is required to assure compliance of the system with the operation and maintenance requirements of Chapter 73. Proposed subsection (a)(24) implements these requirements insofar as they relate to the named components of the discharges.
29. § 72.43 (relating to powers and duties of the Department)
As noted in paragraph 28 of this Preamble, the powers and duties of local agencies have been greatly expanded as a result of the enactment of Act 149. The Department's oversight responsibilities have been expanded accordingly and appropriate references to the Department's duty to oversee the expanded powers and duties of local agencies are proposed to be revised throughout § 72.43.
Section 10(10.1) of the act grants the Department the authority to revoke or suspend the certification of a sewage enforcement officer for cause. Grounds for this action include negligence or providing false information relating to the administration of the act and violations of the act which are not related to the issuance of a permit. A violation of the act not related to the issuance of a permit would generally be some activity undertaken by a sewage enforcement officer outside the scope of the officer's employment as a sewage enforcement officer, such as providing consultation services. These grounds are proposed to be incorporated into the suspension and revocation provisions of subsections (f) and (h) respectively.
Section 10(10) of the act was amended to provide that the Department is to consider complaints relating to the performance of sewage enforcement officers filed by local agencies or the public. This requirement would be incorporated into subsection (i).
Section 10(13) of the act, as amended, requires the Department to establish minimum training requirements for certification as a sewage enforcement officer, including an option for training under the supervision of another sewage enforcement officer selected by the Department. This training requirement would be incorporated into subsection (j).
Section 10(14) of the act, as amended, provides that the Department may require that a sewage enforcement officer, whose performance has been found deficient, undertake training under the direction of another sewage enforcement officer selected by the Department. Training may also be required as an alternative to suspension or a prerequisite for reinstatement of a suspended certification. The costs of the training are to be paid by the Department. The provisions relating to the training would be incorporated into subsection (k).
30. § 72.44 (relating to reimbursement)
Section 6(c) of the act provides that local agencies meeting the qualifications established therein will be reimbursed up to 85% of the costs of expenses incurred in the administration of the act. Local agencies not qualifying for 85% reimbursement will be reimbursed up to half of the eligible expenses.
To qualify for 85% reimbursement, local agencies shall meet the criteria specified in section 6(c)(1)--(7) of the act. Those criteria relate to acceptance, delegation or transfer of certain powers from one or more municipalities, employment of an adequate number of sewage enforcement officers, an alternate sewage enforcement officer and a qualified soil scientist, sufficient administrative staff, submission of specified materials and regulations related to the administration of the act and sufficient technical staff to provide timely service. These criteria are proposed to be incorporated into subsections (c) and (d).
CHAPTER 73. STANDARDS FOR ONLOT SEWAGE TREATMENT FACILITIES 31. The title of the chapter is proposed to be retitled in order to more accurately reflect that the provisions of Chapter 73 establish standards for onlot sewage treatment facilities. Except for the provisions of proposed §§ 73.161--73.167, relating to the technical requirements for individual residential spray irrigation systems, the proposed amendments described as follows are intended to either clarify existing provisions or incorporate advances or changes, or both, in treatment technology.
32. §§ 73.1 and 73.64 (relating to definitions; and chemical toilet or other portable toilet)
Chemical toilets (commonly known as portable toilets) are proposed to be removed from the current classification as a type of retaining tank. This eliminates the need for a permit when the toilets are to be temporarily used at a construction site or certain types of public gatherings. Local agencies would still retain the authority to address any misuse of these units.
33. §§ 73.3 and 73.71 (relating to policy; and experimental sewage systems)
The repair options related to onlot systems are proposed to be expanded and the use of experimental systems is proposed to be clarified. An additional option is proposed to be included for the repair of onlot systems by considering the relocation of a well if the repair results in the absorption area or a spray field encroaching on the isolation distance to a well and using small flow systems with discharges. In addition, provisions clarifying the conditions under which experimental technologies, system components, methods and designs are to be utilized are proposed to be included in § 73.71.
34. § 73.11 (relating to general)
A provision is proposed to be incorporated into subsection (c) which allows a property owner to use a newly installed septic tank pending completion of the rest of a sewage system when weather conditions prevent completion of the sewage system prior to occupancy of the house.
35. § 73.13 (relating to minimum horizontal isolation distances)
Onlot sewage system components are proposed to be isolated from cisterns. In addition, existing isolation distances between system components and wetlands are proposed to be deleted.
36. § 73.14 (relating to site investigation)
The provisions of subsection (a)(1) relating to depth of soil profile are proposed to be amended. The maximum depth required for backhoe excavation to conduct a soil profile is proposed to be reduced from 8 feet to 7 feet. In addition, the conditions under which onlot sewage systems may be placed in disturbed soils are proposed to be clarified in that fill soils shall be undisturbed for a minimum of 4 years unless a sewage enforcement officer determines the fill will not materially effect the system.
37. § 73.15 (relating to percolation tests)
A new method of calculating the results of a percolation test is proposed to be added to paragraph (7). The method would be utilized for percolation tests for holes that drain too slow or too fast. When the rate of drop is too fast, the hole shall be considered a failed hole and may not be used in calculating the arithmetic average percolation rate.
38. § 73.17 (relating to sewage flows)
This section provides for the calculation of sewage flows for different types of facilities. The list of sewage flows are proposed to be updated to include flows related to facilities such as modern mobile homes and condominiums and to clarify the flows for other facilities currently listed.
39. Treatment tanks.
The testing, construction and installation standards for treatment tanks are proposed to be modified by requiring grease traps for tanks proposed to serve a food preparation facility, requiring multiple tanks or compartments, a septic solids retainer at tank outlets and National Sanitation Foundation testing protocols for aerobic treatment tanks and recycling toilets. In addition, siphons on dosing tanks are required to be sized according to the volume of the laterals and pumps in the tanks are to be rated for sewage use and shall be appropriately placed in the tank and a malfunction warning signal would be required. The minimum capacity required for a holding tank is proposed to be changed from 1,000 to 3,000 gallons. Discharges from recycling toilets are prohibited. Sections 73.17(d), 73.21, 73.31, 73.32, 73.45, 73.46, 73.62 and 73.65 are revised accordingly.
40. Section 73.72 and related sections--alternate systems.
A number of system designs and system components currently considered to be alternate systems and which may only be used upon the concurrence of the Department would become standard technology which may be approved by a local agency. These would include leaching chambers used as a substitute for aggregate, elevated sound mounds on very slowly permeable soils and slopes of not more than 12%, adjustable distribution box weirs, increased lateral hole sizes and discharge rates and geotextile fabric used in absorption areas. Accordingly, relevant changes would be made throughout Chapter 73 to acknowledge these changes.
41. Sections 73.161--73.167 (relating to individual residential spray irrigation systems)
Section 7.3 of the act authorizes a local agency to issue permits for the construction of individual residential spray irrigation systems. A prerequisite for the permit issuance is that the site, soil conditions and proposed system design shall meet the Department's standards for these systems. Sections 73.161--73.167 outline the Department's proposed standards. These standards were developed in close consultation with the SAC and are based on relevant technical manuals such as ''Guidelines for Design, Installation and Operation of, Small Flow Treatment Facilities, DER, 1992'' and ''EPA's on-site Design Manual'' originally published in October 1980.
F. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the proposed regulations. It also requires a statement of the need for, and a description of, forms, reports or other paperwork required as a result of the proposal.
These proposed amendments to Chapters 71--73 are necessary to bring existing regulations into compliance with recent amendments to the act and to update some technical standards for onlot sewage treatment systems.
Some proponents of new residential subdivision plans will experience an elimination of sewage facilities planning for their development. In addition, developers and builders will be able to receive deemed approvals if the reviewing agencies for sewage facilities planning and onlot system permitting do not act in a timely manner. This elimination of some planning and relief from review delays will benefit builders, land developers, realtors and mortgage lenders.
The Department's authority to impose limitations on new land development because of the lack of an adequate municipal comprehensive sewage facilities plan is limited to certain circumstances. This will benefit developers, realtors and mortgage lenders who will be able to sell lots in these areas. There will be a cost to property purchasers and builders who will not have available sewage facilities and will be unable to build on these lots until the municipality complies with planning requirements due to severe public health hazards in the municipality.
Developers will be able to make their own public notifications when they propose significant developments. This will benefit developers, builders, realtors and mortgage lenders because they will not have to wait for municipalities to make this publication, the development will be processed more quickly and construction may begin more quickly.
The Department will initiate a compliance assistance plan related to the proposed regulatory amendments based on both existing and new program initiatives. Municipalities involved in developing official sewage facilities plan update revisions will be eligible for 50% reimbursement from the Department for costs incurred in developing these plans. In addition, penalties assessed for failure to develop or implement the plans will be deposited in a special fund. Municipalities assessed penalties may later apply for return of these moneys to help them correct sewage related problems. The Department will continue to work closely with PENNVEST and other sewerage project funding agencies to assure that viable sewage plans are able to be implemented.
The Department will continue to pay 50% of the costs incurred by local agencies to administer the onlot permitting program. This amount will be increased to 85% for those local agencies with quality programs. In addition, local agencies which assume delegation for the new land development and penalties assessed by local agencies will be returned to the agency for use in administering the program or abating public health hazards. The Department will continue to work with PENNVEST and the Housing Finance Agency to provide low interest loans to property owners experiencing malfunctioning onlot systems.
The Department's ongoing commitment to the research of new and alternative means of onlot systems will allow more property owners to comply with a broader range of options in our regulations. In addition, the Onlot System Hotline will provide a source of independent information on the Department's requirements and thus aid in compliance.
Local agencies which have a quality permitting program will benefit from an opportunity to apply for and receive 85% reimbursement for the cost of these activities instead of the current 50%. This will reduce the cost of administering the program locally and provide a better local agency to serve the needs of developers, builders, realtors and mortgage bankers.
Local agencies which meet certain criteria will be delegated the authority to give final approvals on new land development sewage facilities planning. Since this authority is currently retained by the Department, developers, builders, realtors and mortgage bankers will benefit from the time saved by the elimination of the Department from the review process. In addition, the local review will allow for a one-stop review process.
The Sewage Facilities Program will benefit from review fees charged to applicants for sewage facilities planning approvals from the Department.
These fees will be deposited in a special fund to be used for sewage enforcement officer training, onlot system research and municipal outreach. Developers will experience an increased cost to pay for the review of their sewage facilities plans.
Individuals who propose to build a new dwelling to replace an existing dwelling will benefit from provisions which allow the activity without the requirement to obtain a permit for sewage facilities. The Commonwealth will experience a cost due to the continued pollution of waste from some of these old, substandard systems.
Some owners of properties which are too small to support both a well and an onlot sewage system will benefit from an exemption from isolation distance standards which will allow them to build a home on their property anyway. These same property owners may experience a cost to treat their water supplies if the expert they hire to determine if the isolation distance can be waived is wrong.
Property owners, developers, builders, realtors and mortgage bankers will benefit from a streamlined review process for alternate onlot system proposals. In addition, the transfer of several alternate systems to the category of standard technology and the new individual residential spray irrigation onlot sewage system will make more land previously unusable, available for development.
The mandatory filing system for permit applications will be a cost to local agencies but will provide for more organized and more readily available information for developers, builders and realtors.
The expanded powers and duties of local agencies will cost the local agencies more to administer, but the power to charge a fee for some of these expanded duties will offset these costs; developers and builders will have to pay these new fees, but will be the recipients of the benefit of improved services from the local agency.
The clarified conflict of interest provisions related to sewage enforcement officer employment will cost local agencies the loss of its sewage enforcement officer when conflicting employment is occurring. Some sewage enforcement officers will not be able to continue their activities related to consulting and still act as the sewage enforcement officer.
Applicants for a permit on a lot which was tested by a previous sewage enforcement officer will benefit from a fairer assessment process for these lots. Local agencies will bear the cost of additional soils testing and administrative fees.
Local agencies applying for reimbursement from the Department for expenses incurred in the administration of the onlot system permitting program will benefit from the extension of the application deadline.
Sewage enforcement officers and onlot system installers will benefit from the training courses required in the regulations. There will be a cost to the Commonwealth to develop and administer these courses.
Property purchasers will benefit from required sales contract warnings where exemptions under the regulations have been granted which may make their lot unbuildable or otherwise less valuable.
The Department will benefit from provisions which allow actions against sewage enforcement officers who are acting in violation of the law in the capacity of consultant. Developers will benefit from provisions which require the Department to provide technical information regarding sewage treatment systems and the authority of the Department to waive its review of sewage facilities planning.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of these proposed amendments on March 12, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days after the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Department, the General Assembly and the Governor of objections raised.
H. Sunset Date
These proposed amendments will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which they were intended.
I. Public Hearings
The EQB intends to hold six public hearings for the purpose of accepting comments on this proposal. The hearings will be held at 7 p.m. at the following locations and dates:
April 29, 1996 Crawford County Courthouse
Assembly Room
903 Diamond Square
Meadville, PAApril 30, 1996 Allegheny County Courthouse
The Gold Room, 4th Floor
436 Grant Street
Pittsburgh, PAMay 6, 1996 Department of Environmental
Protection
Northcentral Regional Office
Suite 101
208 West Thrid Street
Williamsport, PAMay 7, 1996 Department of Environmental
Protection
Northeast Regional Office
Two Public Square
Wilkes-Barre, PAMay 13, 1996 Department of Environmental
Protection
Southeast Regional Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, PAMay 14, 1996 Swatara Township Municipal
Building
599 Eisenhower Boulevard
(SW Corner of I-83 and I-283)
Harrisburg, PAPersons wishing to present testimony at a hearing are requested to contact Sharon Freeman at the EQB, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are required to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at the hearings.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation in order to participate should contact Sharon Freeman at (717) 787-4526, or through the Pennsylvania AT&T Relay Service by calling (800)654-5984 (TDD users) or (800)654-5988 (voice users) and request that the call be relayed to discuss how the Department may accommodate their needs.
J. Public Comments
Written comments--Interested persons are invited to submit written comments, suggestions or objections regarding the proposal to the EQB, P. O. Box 8477, Harrisburg, Pa. 17105-8477 (express mail: 15th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101-2301). Comments received by facsimile will not be accepted. Comments, suggestions or objections must be received by May 29, 1996. Interested persons may also submit a summary of their comments to the EQB. The summary will be provided to each member of the EQB in the agenda packet distributed prior to the meeting at which final regulations will be considered. The summary may not exceed one page in length and must also be received by May 29, 1996.
Electronic comments--Comments may be submitted electronically to the Board at RegComments@a1.dep.state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. Comments submitted electronically must be received by the EQB by May 29, 1996.
JAMES A. SEIF,
Chairperson(Editor's Note: For a proposed rulemaking relating to this proposal see 25 Pa.B. 3219 (August 5, 1995).)
Fiscal Note: 7-294. (1) General Fund; (2) Implementing year 1996-97 is $209,000; (3) 1st succeeding year 1997-98 is $600,000; 2nd succeeding year 1998-99 is $636,000; 3rd succeeding year 1999-00 is $672,000; 4th succeeding year 2000-01 is $708,000; 5th succeeding year 2001-02 is $744,000; (4) FY 1993-94 $2,522,000; FY 1992-93 $3,415,000; FY 1991-92 $1,800,000; (7) Sewage Facilities Enforcement Grants; (8) recommends adoption.
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