PRINTER'S NO. 1434
No. 1212 Session of 1985
INTRODUCED BY BOWSER, GEORGE, MERRY, RUDY, FARGO, MILLER,
TRELLO, BARLEY, PETRONE, JOHNSON, ROBBINS, HERSHEY, WOGAN,
PHILLIPS AND STAIRS, MAY 14, 1985
REFERRED TO COMMITTEE ON CONSERVATION, MAY 14, 1985
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 permits.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 7(b) of the act of January 24, 1966 (1965
15 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
16 Act, amended July 22, 1974 (P.L.621, No.208), is amended to
17 read:
18 Section 7. Permits.--* * *
19 (b) (1) Application for permit shall be in writing to the
20 local agency in accordance with the provisions of section 8 of
21 this act, and shall be made in such form and shall include such
22 data as the department may prescribe.
1 (2) Permits shall be issued or denied within seven days
2 after receiving an application for permit except that, in case
3 the local agency in accordance with the provisions of section 8
4 of this act, finds the data submitted by an applicant is
5 incomplete, or the local agency is unable to verify the
6 information submitted, the local agency shall so notify the
7 applicant within seven days after receiving said application and
8 the time for acting thereon shall be extended fifteen days
9 beyond the date of receipt of adequate supplementary or
10 amendatory data. Denial of permit shall be supported by a
11 statement in writing of the reasons for such action.
12 (3) No system or structure designed to provide individual or
13 community sewage disposal shall be covered from view until
14 approval to cover the same has been given by the body which
15 issued the original permit or its authorized representative. If
16 seventy-two hours have elapsed, excepting Sundays and holidays,
17 since the body issuing the permit receive notification of
18 completion of construction, the applicant may cover said system
19 or structure unless permission has been refused by the issuing
20 body.
21 (4) The local agency shall not issue permits for individual
22 sewage systems or community sewage systems unless the system
23 proposed is consistent with the official plan of the
24 municipality in which said system is to be located and the
25 municipality is adequately implementing the official plan. In
26 the event that the municipality has no plan or has not revised
27 or implemented its plan as required by the rules and regulations
28 of the department or by order of the department, no permits may
29 be issued under this section 7 of this act in those areas of the
30 municipality for which an official plan, revision thereto or
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1 implementation thereof is required, until the municipality has
2 submitted the said official plan or revision to, and received
3 the approval of, the department, or has commenced implementation
4 of its plan or revisions in accordance with a schedule approved
5 by the department.
6 (5) The limitations on permit issuance contained in
7 paragraph (4) of this subsection shall not apply:
8 (i) to those sections of the municipality where the
9 department finds that the zoning or applicable restrictive
10 covenants running with the land and enforceable by other
11 grantees in a subdivision provide for single family residential
12 lots of one acre or more or the proportionate equivalent acreage
13 for multiple family or commercial uses and provided that a
14 replacement system could be installed on the lot in the event
15 that the original system failed;
16 (ii) to existing subdivisions or sections thereof (where
17 subdivision plans therefor have been filed of record pursuant to
18 applicable law and ordinance prior to the effective date of this
19 subsection) where the department finds that either lots or homes
20 in the subdivision or sections thereof have been sold in good
21 faith to a purchaser for value prior to May 15, 1972 and not for
22 the purpose of avoiding the application of paragraph (4) of this
23 subsection. This subsection shall not relieve the municipality
24 of its planning responsibilities as specified in this act;
25 (iii) where the department finds it necessary to issue
26 permits for the abatement of pollution and/or the correction of
27 health hazards.
28 (iv) where the applicant seeks the permit for his primary
29 residence, which is a mobile home or moveable dwelling, and the
30 applicant has a close relative living in the same or an adjacent
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1 municipality, either one of whom is sixty-five years of age or
2 over, as long as the applicant assumes responsibility for
3 removal of the holding tank when he vacates the site.
4 (6) If the local agency determines that: (i) any change has
5 occurred in the physical conditions of any lands which will
6 materially affect the operation of the community sewage system
7 or individual sewage system covered by any permit issued by the
8 local agency under section 7 of this act, or (ii) one or more
9 tests material to the issuance of the permit has not been
10 properly conducted, or (iii) information material to the
11 issuance of the permit has been falsified, or (iv) the original
12 decision of the local agency otherwise failed to conform to the
13 provisions of this act or the rules and regulations of the
14 department, or (v) the permittee has violated the rules and
15 regulations of the department under which the permit was issued,
16 the permit shall be revoked. Such action shall be taken after
17 notice and opportunity for hearing has been given to the
18 permittee.
19 (7) If construction or installation of an individual sewage
20 system or community sewage system and of any building or
21 structure for which such system is to be installed has not
22 commenced within two years after the issuance of a permit for
23 such system, the said permit shall expire, and a new permit
24 shall be obtained prior to the commencement of said construction
25 or installation.
26 (8) Upon completion of inspection of deep soil test pits and
27 percolation tests, the inspector shall immediately notify the
28 property owner that the tests are complete. Within five days
29 after receiving such notice, the property owner shall backfill
30 the test pits and holes. Any person who fails to comply with the
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1 provisions of this subsection shall be subject to the remedies
2 and penalties provided in sections 12 and 13.
3 Section 2. This act shall take effect in 60 days.
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