Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

25 Pa. Code § 71.17. [Reserved].

§ 71.17. [Reserved].


Source

   The provisions of this §  71.17 adopted August 13, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; amended September 28, 1973, effective October 15, 1973, 3 Pa.B. 2176; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial pages (114769) to (114770).

Notes of Decisions

   It is proper for DER to order a municipality to provide sewage facilities services for a subdivision under this section request while the subdivision plan is in litigation but the order is subject to subsequent judicial decision. Solebury Township Supervisors v. Department of Environmental Resources, 18 Pa. D. & C.3d 696 (1981).

   The Environmental Hearing Board has jurisdiction over an appeal from a DER order issued under this section as to sewage related problems which are concurrently in litigation with nonsewage related issues in a subdivision dispute in the common pleas court. Solebury Township Supervisors v. Department of Environmental Resources, 18 Pa. D. & C.3d 696 (1981).

   While subsection (c)(3) requires that applicable zoning be considered, DER and the Environmental Hearing Board must be guided by a decision of the appropriate common pleas court regarding zoning rights. Borough of Sayre v. Department of Environmental Resources, 9 Pa. D. & C.3d 407 (1979).

   When a property owner can be effectively denied the right to use his property until such time as the municipality has satisfied DER that sewage disposal on the property is in conformity with a comprehensive program of water quality management, there is an unreasonable restriction on the use of private land and a confiscation of property without due process. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).

   This section does not provide an exclusive remedy to landowner for municipal inaction which delays or prevents issuance of a sewage permit under 25 Pa. Code §  91.32. Landowners must also seek direct review by the Commonwealth Court. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).


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