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PRINTER'S NO. 2838
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1980
Session of
2017
INTRODUCED BY SACCONE, GODSHALL, MALONEY, MILLARD AND ZIMMERMAN,
DECEMBER 21, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
DECEMBER 21, 2017
AN ACT
Amending the act of January 24, 1966 (1965 P.L.1535, No.537),
entitled, "An act providing for the planning and regulation
of community sewage systems and individual sewage systems;
requiring municipalities to submit plans for systems in their
jurisdiction; authorizing grants; requiring permits for
persons installing such systems; requiring disclosure
statements in certain land sale contracts; authorizing the
Department of Environmental Resources to adopt and administer
rules, regulations, standards and procedures; creating an
advisory committee; providing remedies and prescribing
penalties," further providing for permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7(a)(1) and (2) of the act of January 24,
1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage
Facilities Act, are amended to read:
Section 7. Permits.--(a) (1) No person shall install,
construct, or award a contract for construction, or alter,
repair or connect to an individual sewage system or community
sewage system or construct, or request bid proposals for
construction, or install or occupy any building or structure for
which an individual sewage system or community sewage system is
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to be installed without first obtaining a permit indicating that
the site and the plans and specifications of such system are in
compliance with the provisions of this act and the standards
adopted pursuant to this act. A permit shall not be required by
a person where a new dwelling is proposed to replace a
previously existing dwelling where the size and anticipated use
of the new dwelling is the same as the previously existing
dwelling and the previously existing dwelling was in use within
one year of the anticipated date of the completion of
construction. This exception shall not apply when an active
investigation of malfunction is under way by the local agency or
the department. No permit may be issued by the local agency in
those cases where a permit from the department is required
pursuant to the act of June 22, 1937 (P.L.1987, No.394), known
as "The Clean Streams Law," as amended, or where the department
pursuant to its rules and regulations, determines that such
permit is not necessary for the protection of the public health.
Except where a local agency or municipality requires a permit by
ordinance, no permit or plan revision shall be required for the
installation of an individual on-lot sewage system for a
residential structure occupied or intended to be occupied by the
property owner or a member of his immediate family on a
contiguous tract of land ten acres or more [if the owner of the
property was the owner of record as of January 10, 1987].
(2) The installation of such a permit-exempt system shall
not be required to be approved by or meet the standards of the
department or local agency pursuant to their rules and
regulations for the siting, design or installation of on-lot
sewage systems, except for the siting requirements of subsection
(a.1), unless a permit is required by a regulation or ordinance
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of a local agency or municipality or the person qualifying for
the permit exemption chooses to not use the permit exemption. A
permit exemption may also be granted where a ten-acre parcel or
lot is subdivided from a parent tract [after January 10, 1987].
When one permit exemption has been granted for a lot, tract or
parcel under this section, any lot, tract or parcel remaining
after subdivision of the lot or parcel which received the permit
exemption or any lots or parcels subdivided therefrom in the
future shall not be eligible for a ten-acre permit exemption and
must meet the planning, permitting, siting and construction
standards of the department for on-lot sewage systems. Persons
otherwise qualified for a permit exemption who do not choose to
use the permit exemption remain exempt from the planning
requirements of this act.
* * *
Section 2. This act shall take effect in 60 days.
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