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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