PRINTER'S NO. 1691

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1437 Session of 1987


        INTRODUCED BY G. SNYDER, SERAFINI, BUNT, GODSHALL, SIRIANNI,
           YANDRISEVITS, NAHILL, PHILLIPS, DISTLER, BOWSER, TRELLO,
           D. W. SNYDER, CARLSON, LASHINGER, JOHNSON, BARLEY, HERMAN,
           NOYE, DORR, SEMMEL AND BORTNER, JUNE 2, 1987

        REFERRED TO COMMITTEE ON CONSERVATION, JUNE 2, 1987

                                     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 duties of sewage
    12     enforcement officers.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 8 of the act of January 24, 1966 (1965
    16  P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
    17  Act, is amended by adding a subsection to read:
    18     Section 8.  Powers and Duties of Local Agencies.--* * *
    19     (c)  Sewage enforcement officers employed by local agencies
    20  in accordance with this act, in performing their duties as
    21  required under this act, shall accept prior testing data and
    22  information obtained by a previous sewage enforcement officer

     1  provided that the prior testing meets all of the following
     2  criteria and the sewage enforcement officer certifies same to
     3  the local agency:
     4     (1)  The soils testing performed on the property in question
     5  has not been cited in a revocation, suspension or other
     6  agreement to surrender certification which indicates violations
     7  and soil testing procedures by the previous SEO.
     8     (2)  The exact location of the test to be used for issuance
     9  of a permit must be verifiable by at least one of the following
    10  methods:
    11     (i)  Location of the test pit and percolation hole remnants
    12  on the lot by the current SEO.
    13     (ii)  The existence of recorded measurements from at least
    14  two permanent landmarks on the property in question establishing
    15  the original test location.
    16     (iii)  A scale drawing of the lot or property in question
    17  indicating the location of the tests by reference to at least
    18  two permanent landmarks.
    19     (iv)  Identification of the exact location of the tests by
    20  the prior SEO, provided that his or her certification has not
    21  been revoked, suspended or voluntarily surrendered to the
    22  department.
    23     (3)  Verification that the percolation test and soils
    24  evaluation was conducted in accordance with the applicable
    25  regulations.
    26     (4)  The availability of a recorded soils description and
    27  percolation test data recorded on the prescribed form, or its
    28  equivalent, in sufficient quantity and quality to be interpreted
    29  by others.
    30     (5)  The soil probe must have been conducted within ten feet
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     1  of the proposed absorption area.
     2     (6)  The percolation test on the lot must have been performed
     3  on the site of the proposed absorption area.
     4     (7)  The person who originally observed or conducted the
     5  testing must have been certified under the current certification
     6  requirements of this act.
     7     Section 2.  This act shall take effect immediately.
















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