PRINTER'S NO. 4134
No. 2874 Session of 1986
INTRODUCED BY PITTS, OCTOBER 7, 1986
REFERRED TO COMMITTEE ON CONSERVATION, OCTOBER 7, 1986
AN ACT
1 Amending the act of January 24, 1966 (1965 P.L.1535, No.537),
2 entitled, as amended "An act providing for the planning and
3 regulation of community sewage systems and individual sewage
4 systems; requiring municipalities to submit plans for systems
5 in their jurisdiction; authorizing grants; requiring permits
6 for persons installing such systems; requiring disclosure
7 statements in certain land sale contracts; authorizing the
8 Department of Environmental Resources to adopt and administer
9 rules, regulations, standards and procedures; creating an
10 advisory committee; providing remedies and prescribing
11 penalties," further providing for developers.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 2 of the act of January 24, 1966 (1965
15 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
16 Act, is amended by adding a definition to read:
17 Section 2. Definitions.--As used in this act:
18 * * *
19 "Developer" means a person, persons, partnership or
20 corporation undertaking or participating in the development of a
21 subdivision, mobile home park, condominium or multi-unit housing
22 project.
1 * * *
2 Section 2. Section 7(b) of the act is amended by adding a
3 paragraph to read:
4 Section 7. Permits.--* * *
5 (b) * * *
6 (9) No permit shall be issued for community sewage systems
7 serving condominiums, multifamily dwellings, mobile home parks,
8 multi-unit housing developments or subdivisions unless:
9 (i) A written agreement is made between the developer, the
10 local agency or the department, as appropriate, and the
11 homeowners' association, setting forth the rights and duties of
12 the parties for the operation, maintenance and repair of the
13 system. Such agreement shall provide for the imposition of a
14 monthly user fee on each unit on the community sewage system at
15 a rate sufficient to provide, at the end of three years after
16 initial operation, a fund in an amount sufficient to provide for
17 the annual maintenance and operation of the system, said funds
18 to be paid into an escrow account for the benefit of the
19 operator of the system.
20 (ii) A binding agreement has been made between the owner of
21 the sewage system and either a municipal sewer authority or a
22 private utility corporation to provide for the control,
23 maintenance and operation of the community sewage system in the
24 event that:
25 (A) the operating permit is suspended or revoked;
26 (B) after notification by the department, the system fails
27 to comply with applicable law and regulation within 90 days; or
28 (C) the responsible party is unable to continue the
29 operation of the system.
30 (iii) The developer has posted a bond in a form and in an
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1 amount as prescribed by the department to insure the adequate
2 operation of the community sewage system for a period of three
3 years from the date of first operation.
4 Section 3. This act shall take effect in 60 days.
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