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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

25 Pa. Code § 73.77. General requirements for bonded disposal systems.


§ 73.77. General requirements for bonded disposal systems.

 (a)  The local agency shall authorize the performance of a percolation test, at the owner’s expense, when one is requested in writing by the owner of the property if the local agency determines soil mottling is present.

 (b)  If the sole reason for a property not meeting the requirements for the installation of an individual residential onlot sewage system is the presence of soil mottling, the local agency shall issue a permit for an individual residential onlot sewage system designed to meet the Department’s standards when the property owner meets the following conditions:

   (1)  A qualified soil scientist, qualified registered professional geologist, certified sewage enforcement officer or qualified registered professional engineer, not employed by the local agency with jurisdiction over the property in question, confirms in writing that the soil mottling observed in the test pits is not an indication of either a regional or perched seasonal high water table.

   (2)  The property owner provides evidence of financial assurance satisfactory to the local agency in an amount equal to the cost of replacement of the individual residential sewage system proposed and the reasonably anticipated cost of remedial measures to clean up contaminated groundwater to replace any contaminated water supplies and to repair or replace a malfunction of the onlot system. The local agency may not approve financial assurance in an amount less than $20,000 or 15% of the appraised value of the lot and proposed residential dwelling. The terms of the financial assurances shall be for up to 3 years. The local agency may require a continuation of up to 2 additional years of financial assurance. The local agency may terminate the financial assurance requirement at the end of its term consistent with the act.

   (3)  The property owner provides notification to the local agency 7 working days prior to conducting soil evaluations under this section and a representative of the local agency may observe the soil evaluations and may review resulting reports and correspondence.

   (4)  The property owner produces evidence of a clause in the deed to the property that clearly indicates soil mottling is present on the property and that an individual residential onlot sewage system meeting the requirements of this section was installed on the property.


   The provisions of this §  73.77 issued 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).


   The provisions of this §  73.77 adopted November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347.

Cross References

   This section cited in 25 Pa. Code §  72.21 (relating to general); 25 Pa. Code §  72.42 (relating to powers and duties of local agencies); 25 Pa. Code §  73.14 (relating to site investigation); and 25 Pa. Code §  73.151 (relating to standards for financial assurances).

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