§ 72.43. Powers and duties of the Department.
(a) The Department is empowered to review the performance of local agencies and their sewage enforcement officers in the administration of sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 and 16 of the act (35 P.S. § 750.7, 750.8, 750.12, 750.13, 730.13a, 750.13b(b) and 750.14—750.16).
(b) The Department and its authorized representatives may enter upon lands, make inspections and require the submission of papers, books and records by the local agency, or its sewage enforcement officer.
(c) If the Department finds that a local agency has failed to effectively administer section 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 or 16 of the act or this part, the Department, in addition to other remedies it may seek at law or in equity, may order the local agency to take actions the Department deems necessary to obtain effective administration. These actions may include, but are not limited to:
(1) Negotiation with other local agencies for cooperation in areawide administration.
(2) Modification of administrative, testing or reporting procedures.
(3) Retention of expert consultants.
(4) Employment of additional personnel.
(5) Satisfactory participation by the local agency’s sewage enforcement officer in special training programs designed to strengthen a specific weakness in the administration of the act and this part.
(6) Coordination of permit issuance for sewage systems with building permit issuance or with subdivision approval under local ordinances that the local agency may be administering at the time of the order.
(d) The Department has the duty to establish a training program for sewage enforcement officers. The Department will require timely and satisfactory completion by sewage enforcement officers of training courses sponsored by the Department. Satisfactory completion means attendance at all sessions of training and attainment of a minimum grade of 70% on tests given as part of the training course.
(e) The Department is empowered to revoke or suspend the certification of sewage enforcement officers for cause, or to reinstate the certification under this part. The actions of the Department will become final only after provision of notice and an opportunity for hearing before the Certification Board, under § 72.58 (relating to Certification Board hearings and procedures).
(f) The Department will suspend a sewage enforcement officer’s certification if the Department determines that the sewage enforcement officer has done one of the following:
(1) Demonstrated incompetence to act as a sewage enforcement officer as evidenced by errors in planning, administration or permit issuance duties which evidence a failure or inability to understand and apply the requirements of the act and this part.
(2) Failed to complete satisfactorily a sewage enforcement officer’s training course required by the Department under subsection (k).
(3) Demonstrated negligence or provided false information related to the administration of the act or this part or committed violations of this part which are not related to the issuance of a permit.
(g) The Department may reinstate the certification of a person within 2 years from the date of suspension or after 2 years following the effective date of a revocation. Prior to reinstatement, the Department will require, as a minimum, that the person take and pass the appropriate certification examination administered by the Certification Board. The Department may require satisfactory completion of a special training program designed to strengthen a specific weakness in the sewage enforcement officer’s administration of the act or this part. The program may entail the use of testing procedures including, but not limited to:
(1) Field evaluation of technical performance.
(2) Written or oral examination of standards and procedures.
(h) The Department will revoke the certification of a sewage enforcement officer whenever the Department determines that the sewage enforcement officer has done one of the following:
(1) Demonstrated a willful disregard of, or willfully or repeatedly issued permits in violation of the act or this part.
(2) Failed repeatedly to attend mandated sewage enforcement officer’s training required by the Department under subsection (k).
(3) Failed to comply with the applicable terms of a Departmental order for effective administration of sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 and 16 of the act.
(4) Issued a permit at a time when his certification was suspended.
(5) Willfully issued a permit outside of the geographic boundaries of authority specified by the local agency.
(6) Issued a permit which he believed to be in violation of the act or this part before being directed to do so by the local agency under a hearing.
(7) Failed to advise the local agency of a violation of the act, this part or the responsibility of the local agency to restrain the violation.
(8) Failed to take the necessary action to restrain a violation of the act or this part.
(9) Knowingly and willfully submitted false information to the Department or to the local agency in a report or form required by the act, this part or by order of the Department or the local agency.
(10) Committed an act requiring suspension under subsection (f) and had his certification suspended previously.
(11) Issued a permit in violation of § 72.41 (relating to powers and duties of sewage enforcement officers).
(12) Had his certification suspended for more than 2 years.
(13) Demonstrated negligence or knowingly provided false information related to the administration of the act or this part or knowingly committed violations of the act or this part which are not related to the issuance of a permit.
(i) The Department will consider complaints filed by local agencies or the public relating to the performance of local sewage enforcement officers as part of the Department’s evaluation of the local agency and sewage enforcement officer.
(j) The Department may establish minimum training requirements using a Department curriculum of training as a prerequisite for applicants for certification as sewage enforcement officers. The curriculum may include a period of training under another certified sewage enforcement officer selected by the Department as a prerequisite to certification for candidates who pass the certification test.
(k) The Department may require a certified sewage enforcement officer whose performance has been evaluated and found deficient to complete a training course which may include a curriculum of training or a period of training under the direction of another certified sewage enforcement officer selected by the Department for a time period established by the Department.
(1) The Department may require this training as an alternative to suspension or as a requirement for reinstatement of a suspended certification.
(2) The local agency employing the training sewage enforcement officer shall authorize that officer to provide the training services within the jurisdiction of that local agency.
(3) The costs of Department-required training incurred by the training sewage enforcement officer and the local agency employing the training sewage enforcement officer shall be paid by the Department from funds made available under section 13.2 of the act (35 P. S. § 750.13b).
(l) The Department may delegate the review of certain alternate sewage systems as designated by the Department to sewage enforcement officers, within the area of their jurisdiction, qualified by the Department to review the systems.
(m) The Department has the duty to require local agencies to take necessary action to provide timely service, including, but not limited to, utilizing the services of an alternate sewage enforcement officer, employing temporary sewage enforcement officers and entering into contracts for service.
Authority The provisions of this § 72.43 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 72.43 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221892) to (221894).
Cross References This section cited in 25 Pa. Code § 72.25 (relating to issuance of permit); and 25 Pa. Code § 72.52 (relating to conditions of certification).
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