§ 72.41. Powers and duties of sewage enforcement officers.
(a) A sewage enforcement officer has the power and duty to issue, deny and revoke permits, and to take all other actions necessary to administer and enforce section 7 of the act (35 P. S. § 750.7), except that a sewage enforcement officer may not conduct hearings under section 16 of the act (35 P. S. § 750.16).
(b) A sewage enforcement officer shall issue permits only within the jurisdiction of the local agency in which the sewage enforcement officer is employed. When a sewage enforcement officer encounters a conflict of interest as specified in subsections (f)—(k), the local agency shall employ a certified sewage enforcement officer not having a conflict of interest regarding the system or lot.
(c) The local agency shall notify the sewage enforcement officer and the Department in writing of the specific conditions of employment, including, but not limited to, the following:
(1) The geographic boundaries.
(2) The specific permit applications to be processed.
(3) The rate of compensation to the sewage enforcement officer.
(4) The duration of employment.
(d) A sewage enforcement officer shall accept payment only from the local agency for services performed in conjunction with administration of the act.
(e) A sewage enforcement officer shall only accept an application or other processing fees for the local agency under the following conditions:
(1) The fee is in the amount prescribed by the local agency’s adopted fee schedule.
(2) The fee is rendered in accordance with the local agency’s adopted receipt system as required by § 72.42(a)(7) (relating to powers and duties of local agencies).
(3) The sewage enforcement officer has received written direction from the local agency to accept these fees on behalf of the local agency.
(f) A sewage enforcement officer may advise an applicant regarding available options for the planning, design and construction of an individual or community onlot disposal system, but may not select the final system design, as specified in subsection (g) except as provided by subsection (i).
(g) A sewage enforcement officer may not plan, design, construct, sell or install an individual or community onlot sewage system within the geographic boundaries of the sewage enforcement officer’s authority, as specified by the local agency.
(h) A sewage enforcement officer may not, orally or in writing, suggest, recommend or require the use of any particular consultant, soil scientist or professional engineer, or any individual or firm providing these services where these services may be required or are subject to review under this article.
(i) A sewage enforcement officer may not perform consulting or design work or related services required or regulated under the act within the municipality or local agency by which the officer is employed or with which the officer has a contractual relationship unless the services are set in the fee schedule of the local agency, the fees are paid directly to the local agency and the records and products relating to consultation or design work are reviewed by and any subsequent permit is issued by another sewage enforcement officer employed by or under contract with the same local agency.
(j) A sewage enforcement officer may not conduct a test, issue a permit, participate in the official processing of an application or official review of a planning module for an individual or community onlot sewage system in which the sewage enforcement officer, a relative of the sewage enforcement officer, a business associate of the sewage enforcement officer or an employer of the sewage enforcement officer, other than the local agency, has a financial interest.
(k) For purposes of subsection (j), a financial interest includes full or partial ownership, agreement or option to purchase, leasehold, mortgage or another financial or proprietary interest in; or serving as an officer, director, employe, contractor, consultant, or another legal or fiduciary representative of a corporation, partnership, joint venture or other legal entity which has a proprietary interest in one or more of the following:
(1) One or more lots to be served by the system.
(2) The development or sale of the lots to be served by the system.
(3) A contract, either written or oral, to perform a service in the development of one or more of the lots to be served by the system. The service may be before or after the fact of development and may include professional as well as other services.
(4) A contract, either written or oral, to sell, plan, design, construct, install or provide materials or component parts for the system.
(l) Prior to issuing a permit, the sewage enforcement officer shall conduct personally, observe or otherwise confirm in a manner approved by the Department all tests used to determine the suitability of a site for an individual or community onlot sewage system. A sewage enforcement officer shall accept testing conducted by a prior sewage enforcement officer for the local agency provided the site, data and prior testing meet the criteria specified in § 72.26(b)—(d). When a sewage enforcement officer accepts testing by a prior officer, a copy of the Department’s ‘‘Verification of Prior Testing’’ form or other form as may be specified by the Department, shall be attached to each copy of the permit application.
(m) Prior to issuing a permit, the sewage enforcement officer shall confirm that the application is complete and that the proposed system design is in compliance with the requirements of the act and this part.
(n) The sewage enforcement officer shall give timely written notice to applicants or permittees of approval, denial or revocation of a permit under this chapter.
(o) The sewage enforcement officer shall advise the local agency of a violation of the act or this part, known to the sewage enforcement officer, which occurs within the local agency’s jurisdiction.
(p) The sewage enforcement officer shall advise the local agency of its responsibility to restrain a violation of the act or this part and shall independently take action within the scope of his authority necessary to restrain or correct the violation.
(q) The sewage enforcement officer shall submit the Department’s copy of the completed Application For Sewage Disposal System, with necessary attachments, within 7 days of acting upon the application.
Authority The provisions of this § 72.41 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 72.41 amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221888) to (221890).
Cross References This section cited in 25 Pa. Code § 72.43 (relating to powers and duties of the Department).
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