PRINTER'S NO. 2639
No. 2146 Session of 1993
INTRODUCED BY GEORGE, REBER, SURRA, JAROLIN, FEE, LAUGHLIN,
VEON, MIHALICH, CAPPABIANCA, YEWCIC, SATHER, PETRARCA,
HALUSKA, STISH, D. W. SNYDER, PESCI, KING, HANNA,
S. H. SMITH, STAIRS, STERN, COLAIZZO AND WOZNIAK,
OCTOBER 7, 1993
REFERRED TO COMMITTEE ON CONSERVATION, OCTOBER 7, 1993
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," adding and amending certain definitions; further
12 providing for official plans, for grants and reimbursements,
13 for permits, for land sale contracts, for the powers and
14 duties of local agencies and the Department of Environmental
15 Resources, for penalties and enforcement, for the disposition
16 of fines, civil penalties and fees and for nuisances; and
17 providing for civil actions.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 2 of the act of January 24, 1966 (1965
21 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
22 Act, amended July 22, 1974 (P.L.621, No.208) and July 1, 1989
23 (P.L.124, No.26), is amended to read:
24 Section 2. Definitions.--As used in this act:
1 "Advisory committee" means the special committee created by
2 the provisions of the act.
3 "Certification board" means the administrative board within
4 the department created by section 11 of this act.
5 "Community sewage system" means any system, whether publicly
6 or privately owned, for the collection of sewage or industrial
7 wastes of a liquid nature from two or more lots, and the
8 treatment and/or disposal of the sewage or industrial waste on
9 one or more of the lots or at any other site.
10 "Delegated agency" means a municipality (other than a
11 municipality proposing a subdivision, or on whose behalf a
12 subdivision is proposed within the municipality), local agency,
13 multimunicipal local agency or county or joint county department
14 of health to which the Department of Environmental Resources has
15 delegated the authority to review and approve subdivisions for
16 new land developments as supplements to the official plan of a
17 municipality in which the subdivision is located.
18 "Department" means the Department of Environmental Resources
19 of the Commonwealth of Pennsylvania.
20 "Environmental Hearing Board" means the board established
21 pursuant to section 1921-A of The Administrative Code of 1929
22 for the purposes set forth in that section.
23 "Environmental Quality Board" means the board established
24 pursuant to section 1920-A of The Administrative Code of 1929
25 for the purposes set forth in that section.
26 "Individual sewage system" means a system of piping, tanks or
27 other facilities serving a single lot and collecting and
28 disposing of sewage in whole or in part into the soil or into
29 any waters of this Commonwealth or by means of conveyance to
30 another site for final disposal; an alternate individual sewage
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1 system shall mean any individual sewage system not heretofore
2 recognized by rules, regulations and standards of the
3 department.
4 "Local agency" means a municipality, or any combination
5 thereof acting cooperatively or jointly under the laws of the
6 Commonwealth, county, county department of health or joint
7 county department of health.
8 "Lot" means a part of a subdivision or a parcel of land used
9 as a building site or intended to be used for building purposes,
10 whether immediate or future, which would not be further
11 subdivided. Whenever a lot is used for a multiple family
12 dwelling or for commercial or industrial purposes, the lot shall
13 be deemed to have been subdivided into an equivalent number of
14 single family residential lots as determined by estimated sewage
15 flows.
16 "Municipality" means a city, town, township, or borough.
17 "Official plan" means a comprehensive plan for the provision
18 of adequate sewage systems adopted by a municipality or
19 municipalities possessing authority or jurisdiction over the
20 provision of such systems and submitted to and approved by the
21 State Department of Environmental Resources as provided herein.
22 "Official plan revision" means a change in the municipality's
23 official plan to provide for additional or newly identified or
24 future sewage facilities needs, which may include, but not be
25 limited to, any of the following:
26 (1) Update revision.--A comprehensive revision to an
27 existing official plan required when the Department of
28 Environmental Resources or municipality determines an official
29 plan or any of its parts is inadequate for the existing or
30 future sewage facilities needs of a municipality or its
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1 residents or landowners.
2 (2) Revision for new land development.--A revision to a
3 municipality's official plan resulting from a proposed
4 subdivision.
5 (3) Special study.--A study, survey, investigation, inquiry,
6 research report or analysis which is directly related to an
7 update revision. This study shall provide documentation or other
8 support necessary to solve specific problems identified in the
9 update revision.
10 (4) Supplement.--A sewage facilities planning module for a
11 subdivision for new land development which will not be served by
12 sewage facilities requiring a new or modified permit from the
13 Department of Environmental Resources under the act of June 22,
14 1937 (P.L.1987, No.394), known as "The Clean Streams Law," and
15 which is reviewed and approved by a delegated agency under
16 section 7(f)(4.1)(iv) of this act.
17 "Person" shall include any individual, association, public or
18 private corporation for profit or not for profit, partnership,
19 firm, trust, estate, department, board, bureau or agency of the
20 Commonwealth, political subdivision, municipality, district,
21 authority, or any other legal entity whatsoever which is
22 recognized by law as the subject of rights and duties. Whenever
23 used in any clause prescribing and imposing a penalty or
24 imposing a fine or imprisonment, the term "person" shall include
25 the members of an association, partnership or firm and the
26 officers of any local agency or municipal, public or private
27 corporation for profit or not for profit.
28 "Qualified soil scientist" means a person certified as a
29 sewage enforcement officer and who has submitted satisfactory
30 documentation to the local agency of two years' experience in
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1 the characterization, classification, mapping and interpretation
2 of soils as they relate to the function of on-lot sewage
3 disposal systems and either a bachelor of science degree in
4 soils science from an accredited college or university or
5 certification by the American Registry of Certified
6 Professionals in Agronomy, Crops and Soils.
7 "Residential subdivision plan" means a subdivision in which
8 at least two-thirds of the proposed daily sewage flows will be
9 generated by residential uses.
10 ["Rural residence" means a structure occupied or intended to
11 be occupied by not more than two families on a tract of land of
12 ten acres or more.]
13 "Secretary" means the Secretary of Environmental Resources of
14 the Commonwealth of Pennsylvania.
15 "Sewage" means any substance that contains any of the waste
16 products or excrement or other discharge from the bodies of
17 human beings or animals and any noxious or deleterious
18 substances being harmful or inimical to the public health, or to
19 animal or aquatic life, or to the use of water for domestic
20 water supply or for recreation, or which constitutes pollution
21 under the act of June 22, 1937 (P.L.1987, No.394), known as "The
22 Clean Streams Law," as amended.
23 "Sewage enforcement officer" means the official of the local
24 agency who issues and reviews permit applications and conducts
25 such investigations and inspections as are necessary to
26 implement the act and the rules and regulations thereunder.
27 "Subdivision" means the division or redivision of a lot,
28 tract or other parcel of land into two or more lots, tracts,
29 parcels or other divisions of land including changes in existing
30 lot lines. The enumerating of lots shall include as a lot that
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1 portion of the original tract or tracts remaining after other
2 lots have been subdivided therefrom.
3 Section 2. Section 5(e) of the act, amended July 1, 1989
4 (P.L.124, No.26), is amended to read:
5 Section 5. Official Plans.--* * *
6 (e) (1) The department is hereby authorized to approve or
7 disapprove official plans, special studies and update revisions
8 to official plans for sewage systems submitted in accordance
9 with this act within one year of date of submission [and].
10 (2) The department is authorized to approve or disapprove
11 revisions of official plans within such [lesser] time as the
12 regulations shall stipulate, except that the department shall
13 approve or disapprove revisions constituting residential
14 subdivision plans within [ninety days of the date of a complete
15 submission, for the period of one year from the effective date
16 of this amendatory act, and within] sixty days of the date of a
17 complete submission [thereafter]. The department shall act on
18 requests for exceptions to the requirement to revise official
19 plans within the time limits established by regulation. The
20 department shall determine if a submission is complete within
21 ten working days of its receipt.
22 (3) Delegated agencies shall approve or disapprove
23 supplements within sixty days of the date of a complete
24 submission. The delegated agency shall determine if a submission
25 is complete within ten days of its receipt.
26 * * *
27 Section 3. Section 6 of the act, amended July 22, 1974
28 (P.L.621, No.208), is amended to read:
29 Section 6. Grants and Reimbursements Authorized.--(a) The
30 department is authorized to administer grants to counties,
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1 municipalities and authorities to assist them in preparing
2 official plans and revisions to official plans for sewage
3 systems required by this act, and for carrying out related
4 studies, surveys, investigations, inquiries, research and
5 analyses. Such grants shall be made from funds appropriated by
6 the General Assembly for this purpose and shall equal one-half
7 the cost of preparing such plans. Such grants shall not be
8 withheld from any municipality which is complying with the terms
9 of this act. For the purposes of this section, costs shall be
10 exclusive of those reimbursed or paid by grants from the Federal
11 Government.
12 (b) [Local] Except as provided in subsection (c), local
13 agencies complying with the provisions of this act in a manner
14 deemed satisfactory by the secretary shall be reimbursed
15 annually by the department from funds specifically appropriated
16 for such purpose equal to one-half of the cost of the expenses
17 incurred by the local agency in enforcement of the provisions of
18 this act. Such grants shall not be withheld from any local
19 agency which is complying with the terms of this act. For the
20 purposes of this section, costs shall be exclusive of those
21 reimbursed or paid by grants from the Federal Government.
22 (c) (1) A joint local agency complying with the provisions
23 of this act in a manner deemed satisfactory by the department
24 shall be reimbursed up to eighty-five percent of the cost of the
25 expenses incurred in the administration and enforcement of this
26 act from funds specifically appropriated by the General Assembly
27 for this purpose. To qualify for up to eighty-five percent
28 reimbursement, a joint local agency must:
29 (i) Document the acceptance, delegation or transfer of the
30 administration of sections 7, 8, 12, 13, 14, 15 and 16 of this
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1 act from a grouping of at least three municipalities.
2 (ii) Employ at least one sewage enforcement officer actively
3 engaged in activities related to the administration of this act
4 at least seven and one-half hours per workday, five days per
5 week, including leave and holidays.
6 (iii) Employ adequate administrative support staff.
7 (iv) Employ one alternate sewage enforcement officer.
8 (v) Employ a qualified soil scientist or have a department-
9 approved contractual arrangement with a qualified soil
10 scientist.
11 (vi) Have department-approved administrative procedures,
12 permit procedures, ordinances of the member municipalities
13 related to the administration of this act, rules, regulations,
14 permit-related fee schedules and contracted services proposed
15 for use in the multimunicipal local agency.
16 (vii) Employ, or have a department-approved contractual
17 arrangement with, sufficient technical staff to provide for
18 local agency response to signed written requests for service
19 within the time frames established by department-approved
20 administrative procedures and regulations.
21 (2) For the purposes of this subsection, the term "joint
22 local agency" shall mean any county department of health or
23 joint county department of health established under the act of
24 August 24, 1951 (P.L.1304, No.315), known as the "Local Health
25 Administration Law," or any joint local agency established under
26 the act of July 12, 1972 (P.L.762, No.180), referred to as the
27 Intergovernmental Cooperation Law.
28 (d) Where the sole reason for disqualification of a local
29 agency from eligibility for eighty-five percent reimbursement
30 under subsection (c) is lack of participation of that local
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1 agency in a joint local agency as that term is defined in
2 subsection (c), the department may qualify that local agency for
3 eighty-five percent reimbursement for the administration of
4 sections 7, 8, 12, 13, 14, 15 and 16 of this act in accordance
5 with subsection (c).
6 Section 4. Section 7 of the act, amended July 22, 1974
7 (P.L.621, No.208), October 4, 1978 (P.L.1003, No.212) and July
8 1, 1989 (P.L.124, No.26), is amended to read:
9 Section 7. Permits.--(a) (1) No person shall install,
10 construct, or request bid proposals for construction, or alter,
11 repair or connect to an individual sewage system or community
12 sewage system or construct, or request bid proposals for
13 construction, or install or occupy any building or structure for
14 which an individual sewage system or community sewage system is
15 to be installed without first obtaining a permit indicating that
16 the site and the plans and specifications of such system are in
17 compliance with the provisions of this act and the standards
18 adopted pursuant to this act. No permit may be issued by the
19 local agency in those cases where a permit from the department
20 is required pursuant to the act of June 22, 1937 (P.L.1987,
21 No.394), known as "The Clean Streams Law," as amended, or where
22 the department pursuant to its rules and regulations, determines
23 that such permit is not necessary [either for a rural residence
24 or] for the protection of the public health. Except where a
25 local agency or municipality requires a permit by ordinance, no
26 permit or plan revision shall be required for the installation
27 of an individual on-lot sewage system for a residential
28 structure occupied or intended to be occupied by [not more than
29 two families, one of whom is the property owner,] the property
30 owner or a member of his immediate family on a contiguous tract
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1 of land ten acres or more if the owner of the property was the
2 owner of record as of January 10, 1987.
3 (2) The installation of such a permit-exempt system shall
4 not be required to be approved by or meet the standards of the
5 department or local agency pursuant to their rules and
6 regulations for the siting, design or installation of on-lot
7 sewage systems unless a permit is required by a regulation or
8 ordinance of a local agency or municipality, or the person
9 qualifying for the permit exemption chooses to not use the
10 permit exemption. A permit exemption may also be granted where a
11 ten-acre parcel or lot is subdivided from a parent tract after
12 January 10, 1987. When one permit exemption has been granted for
13 a lot, tract or parcel under this section, any lot, tract or
14 parcel remaining after subdivision of the lot or parcel which
15 received the permit exemption or any lots or parcels subdivided
16 therefrom in the future shall not be eligible for a ten-acre
17 permit exemption and must meet the planning, permitting, siting
18 and construction standards of the department for on-lot sewage
19 systems. Persons otherwise qualified for a permit exemption who
20 do not choose to use the permit exemption remain exempt from the
21 planning requirements of this act.
22 (3) For the purposes of this section, the term "immediate
23 family" shall mean brother, sister, son, daughter, stepson,
24 stepdaughter, grandson, granddaughter, father or mother of the
25 property owner.
26 (a.1) Owners of property qualifying for a permit exemption
27 under subsection (a) shall install permit-exempt systems in
28 accordance with the following standards. There shall be, at a
29 minimum:
30 (1) Two septic tanks in series equipped with septic solids
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1 retainers and with a combined capacity of not less than one
2 thousand five hundred gallons.
3 (2) An absorption area constructed in accordance with the
4 rules and regulations of the department regarding the design and
5 construction of elevated sand mounds and sized at a minimum of
6 seven hundred twenty-nine square feet.
7 (3) The perimeter of the septic tanks and absorption area
8 shall be located at least two hundred feet from the perimeter of
9 any property line, nonutility right-of-way, one hundred-year
10 flood plain or any river, stream, creek, impoundment, well,
11 watercourse, storm sewer, lake, dammed water, pond, spring,
12 ditch, wetland, water supply or any other body of surface water
13 and ten feet from any utility right-of-way.
14 (a.2) No parcel shall be considered for exemption from the
15 permitting requirements of this act until the owner has
16 submitted to the local agency a completed ten-acre permit waiver
17 form provided by the department. The local agency shall confirm
18 by signature of a duly authorized sewage enforcement officer,
19 that the property qualifies for a permit exemption under
20 subsection (a) and that the system installed meets the
21 requirements for siting and design under subsection (b) of this
22 section and ordinances of the local agency and municipality. The
23 local agency may charge a fee of not more than fifty dollars
24 ($50), or other such amount as may be authorized by the
25 department by regulation, for processing the ten-acre permit
26 waiver form. The applicant shall confirm in writing, as part of
27 the waiver form, that the soil testing procedures normally
28 required for on-lot sewage disposal systems were not conducted
29 on the parcel and that there is no assurance that the system
30 authorized by this section will function to prevent pollution or
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1 the creation of public health hazards. The property owner shall
2 provide additional notice to a subsequent purchaser of the
3 parcel under the provisions of section 7.1(b) of this act.
4 (a.3) The permit waiver form shall stipulate that the
5 property owner who installs a system under the permit exemption
6 provisions of this section agrees to indemnify and hold harmless
7 the Commonwealth, the local agency and sewage enforcement
8 officer serving the municipality in which the system is located
9 from and against damages to property or injuries to any persons
10 and other losses, damages, expenses, claims, demands, suits and
11 actions by any party against the Commonwealth, the local agency
12 and sewage enforcement officer in connection with the
13 malfunctioning of the on-lot sewage system installed under the
14 permit exemption provisions of this section. It is the sole
15 responsibility of the property owner who installed or contracted
16 for the installation of a sewage system under the permit
17 exemption provisions of this section or the property owner who
18 accepted responsibility for the system upon purchase of the
19 property under the disclosure provisions of section 7.1(b) of
20 this act to correct or have corrected any system malfunction
21 which contaminates surface or groundwater or discharges to the
22 surface of the ground. Malfunctions of systems installed under
23 the provisions of this section which contaminate ground or
24 surface water or discharge to the surface of the ground shall
25 constitute a nuisance and shall be abatable in a manner provided
26 by law.
27 (b) (1) Application for permit shall be in writing to the
28 local agency in accordance with the provisions of section 8 of
29 this act, and shall be made in such form and shall include such
30 data as the department may prescribe.
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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 (4.1) The local agency shall not issue permits for
7 individual sewage systems or community sewage systems unless the
8 system proposed in consistent with the official plan, a special
9 duty or an update revision to the official plan of the
10 municipality in which said system is to be located and the
11 municipality is adequately implementing the official plan,
12 special study or update revision in those areas of the
13 municipality covered by such plan, study or revision. In the
14 event that the municipality has no plan or has not received
15 department approval of an update revision or special study to
16 the official plan or implemented its plan as required by the
17 rules and regulations of the department or by order of the
18 department, no permits may be issued under this section in those
19 areas of the municipality delineated in a departmental order as
20 requiring an official plan, update revision, special study or
21 implementation thereof until the municipality has submitted the
22 said official plan, update revision or special study to the
23 official plan to, and received the approval of, the department,
24 or has commenced implementation of its plan, update revision or
25 special study in accordance with a schedule approved by the
26 department.
27 (4.2) The department may, by agreement, delegate to a local
28 agency, joint local agency or county or joint county department
29 of health which has been qualified by the department for receipt
30 of eighty-five percent reimbursement under section 6(c) of this
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1 act, the power and duty to require the submittal of and review
2 and approve or disapprove sewage facilities planning for new
3 land development proposing the use of on-lot sewage systems
4 using planning module forms provided by the department.
5 Additionally, the following shall apply:
6 (i) Sewage facilities planning approved by a delegated
7 agency under this subsection shall not constitute a revision or
8 exception to the requirement to revise under this act and the
9 rules and regulations promulgated hereunder but shall be a
10 supplement to the official sewage facilities plan.
11 (ii) Delegated agencies may assess fees for the review of
12 supplements under this section. Fees received pursuant to this
13 section shall be used solely for the purpose of administering
14 the delegated powers and duties related to the new land
15 development planning provisions of this act and the rules and
16 regulations promulgated hereunder.
17 (iii) The department may limit the review of supplements in
18 the delegation agreements to specific classifications of sewage
19 facilities or new land developments.
20 (iv) Delegation of the review and approval of supplements
21 for new land development may be granted by the department where
22 the local agency, joint local agency or county or joint county
23 department of health has adequately documented the following to
24 the department:
25 (A) The municipalities or counties to be included in the
26 delegation agreement have land use planning and zoning
27 ordinances in effect under the act of July 31, 1968 (P.L.805,
28 No.247), known as the "Pennsylvania Municipalities Planning
29 Code."
30 (B) The municipalities to be included in the delegation
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1 agreement have a current official sewage facilities plan which
2 is being or will be implemented in accordance with the content
3 of the plan's implementation schedule and the provisions of this
4 act, the act of June 22, 1937 (P.L.1987, No.394), known as "The
5 Clean Streams Law," and regulations promulgated hereunder.
6 (C) The municipalities or counties to be included in the
7 delegation agreement have ordinances in place which require
8 sewage facilities planning approval prior to preliminary plan
9 approval under the "Pennsylvania Municipalities Planning Code."
10 (D) Where delegation is requested for the review of new land
11 developments proposing the use of public sewerage facilities not
12 requiring a new or modified permit under "The Clean Streams
13 Law," the delegation agreement must include coordination
14 procedures to be used with the department to assure continued
15 compliance with the municipal wasteload management provisions of
16 "The Clean Streams Law."
17 (E) The local agency and sewage enforcement officer employed
18 by the local agency serving the municipalities to be included in
19 the delegation agreement have not been issued a notice of
20 violation or order by the department for any violations of this
21 act or the rules and regulations promulgated hereunder for the
22 prior three years as determined by the department.
23 (F) A workload analysis is completed by the entity
24 requesting delegation which analyzes the volume of work
25 anticipated and the staffing and support resources needed to
26 administer the program and documents that the fees proposed to
27 be charged by the delegated agency to administer the sewage
28 facilities planning reviews are sufficient to allow the
29 delegated agency to act upon supplements within the time limits
30 established by this act.
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1 (v) The department shall review and approve, prior to
2 delegation, the administrative procedures, ordinances, rules,
3 regulations, fee schedules and contracts for services proposed
4 for use by the delegated agency in the administration of the
5 delegated provisions of this act.
6 (vi) Supplements to the official plan shall be prepared by
7 the person proposing the new land development and shall be
8 reviewed and acted upon by the delegated agency. Upon approval
9 or disapproval of the supplement, a copy of the completed
10 planning modules and the approval or disapproval letter of the
11 delegated agency shall be submitted to the department.
12 (vii) Supplements to official plans shall be deemed approved
13 by the department upon submittal of the completed planning
14 modules and the approval letter by the delegated agency to the
15 department.
16 (viii) Lack of participation by a municipality, local
17 agency, joint local agency or county or joint county department
18 of health in this delegation shall not influence the eligibility
19 of the local agency serving that municipality or the local
20 agency itself to receive eighty-five percent reimbursement under
21 section 6(c) of this act, if qualified.
22 (4.3) In those areas of the municipality where a revision
23 for new land development is required to be approved by the
24 department or a supplement is required to be approved by a
25 delegated agency:
26 (i) The local agency shall not issue permits for individual
27 sewage systems or community sewage systems until the
28 municipality has received approval of a revision for new land
29 development from the department or a supplement has been
30 approved by a delegated agency.
19930H2146B2639 - 17 -
1 (ii) A preliminary plan approval under the "Pennsylvania
2 Municipalities Planning Code," shall not be granted until a
3 revision for new land development has been approved by the
4 department or a supplement has been approved by a delegated
5 agency.
6 (iii) The sale of a lot, as defined in this act, in any
7 municipality which does not regulate subdivisions or land
8 development under the "Pennsylvania Municipalities Planning
9 Code" shall not be enforceable by the seller against the buyer
10 when a revision for new land development has not been approved
11 by the department or an approved supplement has not been
12 submitted to the department by a delegated agency.
13 [(5) The limitations on permit issuance contained in
14 paragraph (4) of this subsection shall not apply:
15 (i) to those sections of the municipality where the
16 department finds that the zoning or applicable restrictive
17 covenants running with the land and enforceable by other
18 grantees in a subdivision provide for single family residential
19 lots of one acre or more or the proportionate equivalent acreage
20 for multiple family or commercial uses and provided that a
21 replacement system could be installed on the lot in the event
22 that the original system failed;]
23 (5) The limitations on permit issuance contained in
24 paragraph (4) of this subsection shall not apply to those areas
25 of the municipality outside of the areas delineated in an order
26 of the department as requiring an update revision or
27 implementation of an official plan or update revision. The
28 filing of an appeal to a department order under this subsection
29 shall not operate as an automatic supersedeas of the action of
30 the department.
19930H2146B2639 - 18 -
1 (5.1) The limitations on permit issuance contained in
2 paragraph (4.3) of this subsection shall not apply:
3 [(ii)] (i) to existing subdivisions or sections thereof
4 [(where subdivision plans therefor have been filed of record
5 pursuant to applicable law and ordinance prior to the effective
6 date of this subsection)] where the department or delegated
7 agency finds that either lots or homes in the subdivision or
8 sections thereof have been sold in good faith to a purchaser for
9 value prior to May 15, 1972 and not for the purpose of avoiding
10 the application of paragraph (4) of this subsection. This
11 subsection shall not relieve the municipality of its planning
12 responsibilities as specified in this act; or
13 [(iii)] (ii) where the department finds it necessary to
14 issue permits for the abatement of pollution and/or the
15 correction of health hazards.
16 (5.2) The limitations on permit issuance contained in
17 paragraph (4.3) of this section shall not apply to, and
18 revisions for new land development, exceptions to the
19 requirement to revise and supplements will not be required where
20 either the department or delegated agency determines that:
21 (i) The official plan shows that those areas of the
22 municipality are to be served by on-lot sewage disposal
23 facilities.
24 (ii) The geology of the area proposed for the use of
25 individual or community sewage systems is not conductive to
26 nitrate-nitrogen groundwater contamination.
27 (iii) The area proposed for development is outside of high
28 quality or exceptional value watersheds established under the
29 regulations and policies promulgated under "The Clean Streams
30 Law."
19930H2146B2639 - 19 -
1 (iv) All subdivided lots and the remaining portion of the
2 original tract after subdivision are one acre or larger.
3 (v) Soils testing and site evaluation establish that
4 separate sites are available for both a permitted primary on-lot
5 sewage system and a replacement on-lot sewage system on each lot
6 of the subdivision.
7 (5.3) Revisions for new land development and supplements are
8 not required for subdivisions proposing a connection to or an
9 extension of public sewers where the department determines that:
10 (i) The existing collection, conveyance and treatment
11 facilities are in compliance with "The Clean Streams Law" and
12 the rules and regulations promulgated thereunder.
13 (ii) The permittee of the receiving sewerage facilities have
14 submitted information under "The Clean Streams Law" which
15 documents that the existing collection, conveyance and treatment
16 system does not have an existing hydraulic or organic overload
17 or five-year projected overload.
18 (iii) The additional wasteload from the proposed new land
19 development will not create a hydraulic or organic overload or
20 five-year projected overload.
21 (iv) The municipality has a current approved sewage
22 facilities plan update revision which is being implemented.
23 (5.4) Where the determination under paragraph (5.2) of this
24 subsection is made by a delegated agency, that agency shall
25 submit to the department quarterly reports which include the
26 names of the subdivisions, location of the subdivisions, number
27 of lots and projected sewage flow for each subdivision exempted
28 from the planning provisions under this subsection and such
29 other information as may be required under the rules and
30 regulations of the department.
19930H2146B2639 - 20 -
1 The provisions of this subsection shall not apply to new land
2 development proposals intended to be served by sewage facilities
3 requiring a new or modified permit from the department under
4 "The Clean Streams Law."
5 (6) If the local agency determines that: (i) any change has
6 occurred in the physical conditions of any lands which will
7 materially affect the operation of the community sewage system
8 or individual sewage system covered by any permit issued by the
9 local agency under section 7 of this act, or (ii) one or more
10 tests material to the issuance of the permit has not been
11 properly conducted, or (iii) information material to the
12 issuance of the permit has been falsified, or (iv) the original
13 decision of the local agency otherwise failed to conform to the
14 provisions of this act or the rules and regulations of the
15 department, or (v) the permittee has violated the rules and
16 regulations of the department under which the permit was issued,
17 the permit shall be revoked. Such action shall be taken after
18 notice and opportunity for hearing has been given to the
19 permittee.
20 (7) If construction or installation of an individual sewage
21 system or community sewage system and of any building or
22 structure for which such system is to be installed has not
23 commenced within three years after the issuance of a permit for
24 such system, the said permit shall expire, and a new permit
25 shall be obtained prior to the commencement of said construction
26 or installation.
27 (8) Upon completion of inspection of deep soil test pits and
28 percolation tests, the inspector shall immediately notify the
29 property owner that the tests are complete. Within [five] two
30 days after receiving such notice, the property owner shall
19930H2146B2639 - 21 -
1 backfill the test pits and holes. Any person who fails to comply
2 with the provisions of this subsection shall be subject to the
3 remedies and penalties provided in sections 12 and 13.
4 Section 5. Section 7.1 of the act, added December 2, 1976
5 (P.L.1264, No.280), is amended to read:
6 Section 7.1. Land Sale Contracts.--(a) Every contract for
7 the sale of a lot as defined in section 2 for which there is no
8 currently existing community sewage system available shall
9 contain a statement in the contract clearly indicating to the
10 buyer that there is no community sewage system available and
11 that a permit for an individual sewage system will have to be
12 obtained pursuant to section 7. The contract shall also clearly
13 state that the buyer should contact the local agency charged
14 with administering this act before signing the contract to
15 determine the procedure and requirements for obtaining a permit
16 for an individual sewage system if one has not already been
17 obtained. For purposes of this section the terms "community
18 sewage system" and "individual sewage system" shall be construed
19 to exclude any drainage system for the control of surface water
20 or the control of storm runoff water.
21 (a.1) Every contract for the sale of a lot as defined in
22 section 2 of this act which is served by an individual sewage
23 system which was installed under the ten-acre permit exemption
24 provisions of section 7 of this act shall contain a statement in
25 the contract that clearly indicates to the buyer that soils and
26 site testing were not conducted and that the owner of the
27 property or properties served by the system, at the time of a
28 malfunction, may be held liable for any contamination,
29 pollution, public health hazard or nuisance which occurs as the
30 result of the malfunction of a sewage system installed in
19930H2146B2639 - 22 -
1 accordance with the permit exemption provisions of section 7 of
2 this act.
3 (a.2) Every contract for the sale of a lot served by a
4 holding tank, whether permanent or temporary, to which sewage is
5 conveyed by a water carrying system and which is designed and
6 constructed to facilitate ultimate disposal of the sewage at
7 another site, shall contain a statement in the contract that
8 clearly indicates that the property is served by such a tank and
9 shall provide a history of the annual cost of maintaining the
10 tank from the date of its installation or the effective date of
11 this amendatory act, whichever is later.
12 (b) Any contract for the sale of a lot which does not
13 conform to the requirements of [subsection (a)] this section
14 shall not be enforceable by the seller against the buyer. Any
15 term of such contract purporting to waive the rights of the
16 buyer to the disclosures required in [subsection (a)] this
17 section shall be void.
18 Section 6. Section 8 of the act, amended July 22, 1974
19 (P.L.621, No.208) and July 1, 1989 (P.L.124, No.26), is amended
20 to read:
21 Section 8. Powers and Duties of Local Agencies.--(a) County
22 or joint county departments of health shall administer [section
23 7] sections 7, 8, 12, 13, 14, 15 and 16 of this act in the area
24 subject to their jurisdiction. In all other areas, [section 7]
25 sections 7, 8, 12, 13, 14, 15 and 16 of this act shall be
26 administered by each municipality unless said municipality has
27 transferred or delegated the administration of [section 7]
28 sections 7, 8, 12, 13, 14, 15 and 16 of this act to another
29 local agency, or is cooperating in said administration, in
30 conformance with the act of July 12, 1972 (P.L.762, No.180), and
19930H2146B2639 - 23 -
1 said other local agency has accepted administration of [section
2 7] sections 7, 8, 12, 13, 14, 15 and 16 of this act.
3 Municipalities are hereby encouraged jointly to administer
4 [section 7] sections 7, 8, 12, 13, 14, 15 and 16 of this act on
5 a county or joint county level. No local agency shall
6 voluntarily surrender administration of the provisions of this
7 act except to another local agency pursuant to this section.
8 (b) Each local agency in addition to the powers and duties
9 conferred upon it by existing law shall have the power and the
10 duty:
11 (1) To employ sewage enforcement officers to administer the
12 provisions of section 7 of this act in accordance with the rules
13 and regulations of the department. No person shall be employed
14 as a sewage enforcement officer unless said person has been
15 certified "qualified" by the department pursuant to standards
16 set by the Environmental Quality Board. No person shall be
17 employed as a sewage enforcement officer to administer the
18 provisions of section 7 of this act with respect to a community
19 sewage system for which he was or is the contractor. In such a
20 case, the local agency shall employ a certified "qualified"
21 enforcement officer from an adjoining local agency to administer
22 the provisions of section 7 of this act with respect to the
23 particular community sewage system.
24 (1.1) To have at least one alternate sewage enforcement
25 officer as authorized by the local agency to work in the
26 municipality or municipalities of the local agency.
27 (2) To employ other technical and administrative personnel
28 necessary to support the activities of the sewage enforcement
29 officer and the local agency.
30 (3) To set rates of compensation, maintain offices, purchase
19930H2146B2639 - 24 -
1 necessary equipment and supplies.
2 (4) To set and collect application fees. The fee schedule
3 may establish different charges for various types of individual
4 sewage systems and community sewage systems consistent with the
5 administrative costs of reviewing the application and
6 supervising the installation of said system.
7 (5) To make or cause to be made, such inspections and tests
8 as may be necessary to carry out the provisions of section 7 of
9 this act, and its authorized representatives shall have the
10 right to enter upon lands for said purpose.
11 (6) To cease issuing permits in designated areas after
12 notice and opportunity for departmental hearing except for the
13 abatement of existing health hazards or public nuisance,
14 notwithstanding the provisions of section 7, upon receipt of a
15 department order pursuant to section 10(7) of this act.
16 (7) To proceed under section 12 of this act to restrain
17 violations of this act and the rules and regulations adopted
18 hereunder.
19 (8) To submit such reports and data to the department as the
20 department may by its rules and regulations or by order require.
21 (9) To adopt and maintain standards and procedures for
22 applications and permits identical to those of the department.
23 Any other rules or regulations which the local agency deems
24 necessary in order to administer and enforce section 7 may only
25 be adopted if they are consistent with this act and the rules
26 and regulations adopted hereunder.
27 (c) Sewage enforcement officers employed by local agencies
28 in accordance with this act, in performing their duties as
29 required under this act, may accept prior testing data and
30 information obtained by a previous sewage enforcement officer,
19930H2146B2639 - 25 -
1 provided that the site and prior testing meets all of the
2 [following criteria and the sewage enforcement officer certifies
3 the same to the local agency:] criteria contained in the
4 following paragraphs 1 through 9 of this subsection and the
5 current sewage enforcement officer certifies the same to the
6 local agency. There shall be a presumption that, unless the
7 prior sewage enforcement officer's certification has been
8 revoked or suspended by the department, the testing data and
9 information obtained by the prior sewage enforcement officer is
10 valid unless the currently employed sewage enforcement officer
11 finds that one or more of the criteria in the following
12 paragraphs 1 through 9 of this subsection are not met:
13 (1) The soil testing performed on the property in question
14 has not been cited in a revocation, suspension or other
15 agreement to surrender certification which indicates violations
16 of soil testing procedures by the previous sewage enforcement
17 officer.
18 (2) The exact location of the test to be used for issuance
19 of a permit must be verifiable by at least one of the following
20 methods:
21 (i) Location of the test pit and percolation hole remnants
22 on the lot by the current sewage enforcement officer.
23 (ii) The existence of recorded measurements from at least
24 two permanent landmarks on the property in question establishing
25 the original test location.
26 (iii) A scale drawing of the lot or property in question
27 indicating the location of the tests by reference to at least
28 two permanent landmarks.
29 (iv) Identification of the exact location of the tests by
30 the prior sewage enforcement officer, provided that his or her
19930H2146B2639 - 26 -
1 certification has not been revoked, suspended or voluntarily
2 surrendered to the department.
3 (3) Verification that the percolation test and soils
4 evaluation was conducted in accordance with the applicable
5 regulations.
6 (4) Soils description and percolation test data are
7 available and recorded on the prescribed form, or its
8 equivalent, in sufficient quantity and quality to be interpreted
9 by others.
10 (5) The soil probes were conducted within ten feet of the
11 proposed absorption area.
12 (6) The percolation test on the lot was performed on the
13 site of the proposed absorption area.
14 (7) The person who originally observed or conducted the
15 testing was certified under the current certification
16 requirements of this act.
17 (8) No inaccuracies or falsifications of the test data are
18 apparent or identifiable.
19 (9) No changes to the site have occurred since the time of
20 the original testing.
21 Section 7. Sections 10 and 11 of the act, amended July 1,
22 1989 (P.L.124, No.26), are amended to read:
23 Section 10. Powers and Duties of the Department of
24 Environmental Resources.--The department shall have the power
25 and its duty shall be:
26 (1) To order municipalities to submit official plans and
27 revisions thereto within such time and under such conditions as
28 the rules and regulations promulgated under this act may
29 provide.
30 (2) To approve or disapprove official plans and [revisions
19930H2146B2639 - 27 -
1 thereto.], at its discretion, to approve or disapprove revisions
2 thereto in accordance with regulations of the department.
3 (3) To order the implementation of official plans and
4 revisions thereto.
5 (4) To administer grants and reimbursements to local
6 agencies as provided by section 6 of this act.
7 (5) To review the performance of local agencies in the
8 administration of [section 7 of] this act.
9 (6) To cooperate with local agencies, the advisory committee
10 and industry in studying and evaluating new methods of sewage
11 disposal. For the purpose of investigating innovative or
12 alternative on-lot sewage systems, the department may enter into
13 contracts with private entities. [Such contracts shall be funded
14 from funds specifically appropriated by the General Assembly for
15 this purpose.]
16 (7) To order a local agency to undertake actions deemed by
17 the department necessary to effectively administer [effectively
18 section 7 of] this act in conformance with the rules and
19 regulations of the department.
20 (7.1) To review the performance of delegated agencies in the
21 performance of the duties established by delegation agreements
22 authorized by sections 5 and 7 of this act and to revoke such
23 agreements for cause.
24 (8) To enter upon lands and make inspections and to require
25 the submission of papers, books and records by local agencies
26 for the purposes set forth in this act.
27 (9) To train sewage enforcement officers and to require
28 sewage enforcement officers to participate in training. [Such
29 training shall be funded from funds specifically appropriated by
30 the General Assembly for this purpose.]
19930H2146B2639 - 28 -
1 (10) To revoke or suspend the certification of sewage
2 enforcement officers for cause, or to reinstate same, in
3 accordance with the rules and regulations of the department:
4 Provided, however, That such actions of the department shall
5 become effective only after notice and an opportunity for
6 hearing before the certification board has been given.
7 (10.1) To revoke or suspend the certification of a sewage
8 enforcement officer for violations of this act committed by that
9 sewage enforcement officer which are not related to the issuance
10 of a permit by that sewage enforcement officer.
11 (11) To develop a list of firms or agencies that provide
12 testing services for evaluating gradation specifications of sand
13 for use in elevated sand mound on-lot disposal systems. A
14 permittee that is the sand supplier for an elevated sand mound
15 shall certify in writing that sand used in these systems meets
16 the requirements established by the department.
17 (12) To set and collect a processing fee from applicants for
18 review of sewage facilities planning modules for new land
19 development by the department. The minimum fees shall be as
20 follows:
21 (i) For any proposal to utilize on-lot sewage systems which
22 proposal does not qualify as an exception to the requirement to
23 revise an official plan in accordance with the rules and
24 regulations of the department, the fee shall be one thousand
25 seven hundred forty dollars ($1,740).
26 (ii) For any proposal which can reasonably be expected to
27 result in a surface discharge to waters of the Commonwealth or
28 the surface of the ground of greater than two thousand gallons
29 per day, or a discharge to a subsurface absorption area for
30 which a permit is required under the act of June 22, 1937
19930H2146B2639 - 29 -
1 (P.L.1987, No.394), known as "The Clean Streams Law," the fee
2 shall be five thousand eight hundred dollars ($5,800).
3 (iii) For any proposal to utilize public sewerage services
4 which utilization does not qualify as or is not designated as a
5 module for a minor sewer project pursuant to the regulations of
6 the department, the fee shall be one thousand one hundred sixty
7 dollars ($1,160).
8 (iv) For all other proposals not designated in subparagraphs
9 (i), (ii) and (iii) of this paragraph, the fee shall be five
10 hundred eighty dollars ($580).
11 The department may, by regulation, make adjustments to the fees
12 authorized by this subsection.
13 (13) To establish minimum qualifications and experience for
14 applicants for certification as a sewage enforcement officer.
15 (14) To require a certified sewage enforcement officer to
16 serve an apprenticeship under another certified sewage
17 enforcement officer selected by the department for a time period
18 established by the department as a condition of certification or
19 as a requirement for reinstatement of a suspended certification.
20 (15) To delegate the review of certain alternate sewage
21 systems as designated by the department to sewage enforcement
22 officer qualified by the department to review such systems.
23 (16) To require local agencies to take necessary action to
24 provide timely service, including, but not limited to, utilizing
25 the services of an alternate sewage enforcement officer,
26 employing temporary sewage enforcement officers and entering
27 contracts for service.
28 (17) To collect a fee of fifty dollars ($50) for the
29 technical manual for sewage enforcement officers, except that
30 certified sewage enforcement officers, local agencies and
19930H2146B2639 - 30 -
1 municipalities shall not be charged a fee.
2 (18) To establish a training course for on-lot sewage system
3 installers, to issue certificates of completion, to publish a
4 listing of those installers who successfully completed the
5 course and to charge a fee for attendance at the course.
6 Section 11. Certification Board.--(a) (1) There is hereby
7 created within the department a State Board for Certification of
8 Sewage Enforcement Officers. The board shall consist of five
9 members to be appointed by the secretary. One member shall be a
10 representative of local government; one member shall be a sewage
11 enforcement officer certified under the provisions of this act;
12 one member shall be a representative of the engineering
13 profession; and two additional members shall be chosen from a
14 list of nominees submitted to the secretary by the advisory
15 committee. The advisory committee shall designate a minimum of
16 three nominees for the latter two positions. The original
17 appointed members of the board in the order listed above shall
18 hold office for one, two, three, three and four years,
19 respectively. Thereafter, each appointment shall be for a period
20 of four years' duration. The secretary may reappoint board
21 members for successive terms. Members of the board shall remain
22 in office until a successor is appointed and qualified. If
23 vacancies occur prior to completion of a term, the secretary
24 shall appoint another member in accordance with this section to
25 fill the unexpired term.
26 (2) The secretary, or his representative, shall call the
27 first meeting of the board at which time a chairman of the board
28 shall be elected. Thereafter, the chairman shall be elected
29 annually. Three members of the board shall constitute a quorum.
30 Meetings may be called by the chairman as needed to conduct the
19930H2146B2639 - 31 -
1 business of the board.
2 (3) The members of the board shall receive no compensation
3 for their services but shall be reimbursed for actual and
4 necessary expenses incurred in the performance of their duties.
5 (b) The board shall have the power and its duty shall be, in
6 accordance with the rules and regulations of the department, to:
7 (1) Review and pass upon applications for certification of
8 sewage enforcement officers within thirty days of the receipt of
9 the test results from the testing contractor. If the board does
10 not meet within this time period, the applicants who have
11 achieved the necessary passing score on the certification
12 examination and who are not in violation or restrained by any
13 department regulation from certification shall be deemed to be
14 certified.
15 (2) Administer such examinations as prepared by the
16 department, as may be deemed necessary to determine the fitness
17 of candidates for certification. Such examinations shall be held
18 no less than four times in each calendar year. The board shall
19 determine and shall announce, in sufficient time, the location
20 and time for such examinations, except that the board shall
21 allow the department to schedule special "walk-in" examinations
22 when a local agency demonstrates an immediate need to obtain a
23 sewage enforcement officer. During the first year of this act,
24 no fees will be charged for said examinations. During the second
25 and subsequent years, the board is hereby authorized to collect
26 a fee of ten dollars ($10) from each applicant.
27 (3) Hold hearings and issue adjudications under the
28 provisions of the act of June 4, 1945 (P.L.1388, No.442), known
29 as the "Administrative Agency Law," on any revocation,
30 suspension or reinstatement of certification by the department:
19930H2146B2639 - 32 -
1 Provided, That the filing of an appeal with the board shall not
2 operate as an automatic supersedeas of the action of the
3 department. The provisions of section 1921-A of The
4 Administrative Code notwithstanding, such actions of the
5 department shall not be appealable to the Environmental Hearing
6 Board.
7 (4) Consider for renewal biennially certificates issued
8 under this section, and collect a fee of [five dollars ($5)]
9 fifty dollars ($50) or such reasonable fee as the department
10 shall establish by regulation from each certificate holder for
11 such renewal. Fees collected in excess of the actual
12 administrative cost to the board to process certification
13 renewals shall be dedicated to training sewage enforcement
14 officers. In considering an application for renewal, the board
15 shall review and consider any recommendations submitted by the
16 department related to the applicant.
17 (5) Compile and keep current a register showing the names
18 and addresses of certified sewage enforcement officers. Copies
19 of this register shall be furnished on request for the
20 department and for municipalities and upon payment of such
21 reasonable fee for all others, as the department shall
22 establish.
23 Section 8. Section 13 of the act, amended November 26, 1978
24 (P.L.1244, No.296) and repealed in part October 5, 1980
25 (P.L.693, No.142), is amended to read:
26 Section 13. Penalties and Enforcement.--(a) Any person who
27 shall violate any provision of [section 7 of] this act or the
28 rules, regulations or standards promulgated [thereunder] under
29 this act or who is the owner of a property on which a condition
30 exists which constitutes a nuisance under this act or who
19930H2146B2639 - 33 -
1 resists or interferes with any officer, agent or employe of a
2 local agency or the department, in accordance with the
3 provisions of this act, in the performance of his duties, shall
4 be guilty of a summary offense. Upon conviction thereof, such
5 person shall be sentenced to pay a fine of not less than [one
6 hundred dollars ($100) and costs, and not more than three
7 hundred dollars ($300) and costs, or in default thereof, shall
8 be confined in the county jail for a period of not more than
9 thirty days.] five hundred dollars ($500) nor more than five
10 thousand dollars ($5,000), plus costs, or to imprisonment not to
11 exceed ninety days, or both.
12 (b) In addition to proceeding under any other remedy
13 available at law or in equity for a violation of any provision
14 of this act or any rule, regulation or order of the department,
15 municipality or local agency, the department, municipality or
16 local agency may assess a civil penalty against any person for
17 the violation. The penalty may be assessed whether or not the
18 violation was willful. The civil penalty so assessed shall not
19 be less than three hundred dollars ($300) and shall not exceed
20 ten thousand dollars ($10,000) per day for each violation. In
21 determining the amount of the penalty, the department,
22 municipality or local agency shall consider the willfulness of
23 the violation; damage to water, land or other natural resources
24 or their uses; cost of restoration and abatement; savings
25 resulting to the person in consequence of the violation;
26 deterrence of future violations; and other relevant factors.
27 (c) When the department, municipality or local agency
28 proposes to assess a civil penalty under this act, it shall
29 inform the person to be assessed of the proposed amount of the
30 penalty. The person charged with the penalty shall then have
19930H2146B2639 - 34 -
1 thirty days to pay the proposed penalty in full. If the person
2 wishes to contest the penalty or the fact of the violation to
3 the extent not already established, the person shall forward the
4 proposed amount of the penalty to the department, municipality
5 or the local agency proposing the assessment within the thirty-
6 day period for placement in an escrow account with the State
7 Treasurer or any bank in this Commonwealth, or post an appeal
8 bond to the department, municipality or local agency within such
9 thirty days in the amount of the proposed penalty: Provided,
10 That such bond is executed by a surety licensed to do business
11 in this Commonwealth and is satisfactory to the department,
12 municipality or local agency. If, through administrative or
13 final judicial review of the proposed penalty, it is determined
14 that no violation occurred or that the amount of the penalty
15 shall be reduced, the department, municipality or local agency
16 shall, within thirty days, remit the appropriate amount to the
17 person with any interest accumulated by the escrow deposit
18 applicable to the amount remitted. Failure to forward the money
19 or the appeal bond shall result in a waiver of all legal rights
20 to contest the violation or the amount of the penalty. The
21 amount assessed after a hearing or after waiver of a hearing
22 shall be payable to the Commonwealth, the municipality or local
23 agency and shall be collectible in any manner provided by law
24 for the collection of debts. If any person liable to pay such
25 penalty neglects or refuses to pay the same after demand, the
26 amount, together with interest and any costs that may accrue,
27 shall constitute a judgment in favor of the Commonwealth,
28 municipality or local agency upon the property of such person
29 from the date it has been entered and docketed on record by the
30 prothonotary of the county where such is situated. The
19930H2146B2639 - 35 -
1 department, municipality or local agency may, at any time,
2 transmit to the prothonotaries of the respective counties
3 certified copies of all such judgments, and it shall be the duty
4 of each prothonotary to enter and docket them and to index the
5 same as judgments are indexed, without requiring the payment of
6 costs as a condition precedent to the entry thereof.
7 (d) Any municipality which fails to submit any official
8 plan, update revision or special study thereto or has not
9 revised or implemented its official plan as required by any
10 rule, regulation or order of the department shall be subject to
11 a civil penalty to be assessed in accordance with the provisions
12 of subsection (b) of this section. The civil penalty so assessed
13 shall be a minimum of three hundred dollars ($300) per day or
14 such other amount as the department shall establish. Such
15 penalty shall be assessed for each day of such failure
16 commencing on the thirtieth day after a date specified for
17 compliance in an order by the department and shall continue
18 until such time as the municipality receives departmental
19 approval of the required update revision or special study or has
20 commenced implementation of its official plan in accordance with
21 a schedule approved by the department. Said penalty shall be
22 paid on the fifteenth day of each succeeding month and shall be
23 sent to the regional office for the region of the department in
24 which the municipality is located.
25 (e) Each violation of any provision of this act, rule,
26 regulation, order of the department, municipality or local
27 agency or condition of a permit, and each day of any such
28 violation, shall constitute a separate violation.
29 Section 9. The act is amended by adding a section to read:
30 Section 13.1. Disposition of Fines, Civil Penalties and
19930H2146B2639 - 36 -
1 Fees.--(a) There is hereby created a restricted account for the
2 deposit of all fees, fines and civil penalties authorized by
3 this act to be collected by the department. All moneys in this
4 account are hereby appropriated to the department, upon approval
5 by the Governor, for the costs of administering the provisions
6 of this act.
7 (b) Moneys authorized to be collected and received by the
8 municipality or local agency pursuant to this act shall be
9 administered in accordance with 42 Pa.C.S. § 3573(a) (relating
10 to municipal corporation portion of fines, etc.).
11 Section 10. Sections 14 and 16 of the act, amended or added
12 July 22, 1974 (P.L.621, No.208), are amended to read:
13 Section 14. Nuisances.--A violation of section 7 of this act
14 or the discharge of untreated or partially treated sewage to the
15 surface of the ground or into the waters of this Commonwealth,
16 except as specifically approved by the department under sections
17 202 and 207 of the act of June 22, 1937 (P.L.1987, No.394),
18 known as "The Clean Streams Law," shall constitute a nuisance
19 and shall be abatable in the manner provided by law.
20 Section 16. Hearings and Appeals.--(a) Any person aggrieved
21 by an action of a sewage enforcement officer in granting or
22 denying a permit under this act shall have the right within
23 thirty days after receipt of notice of the action to request a
24 hearing before the local agency. Revocation of permits shall
25 occur only after notice and opportunity for hearing has been
26 given to the permittee. Hearings under this subsection [and any
27 subsequent appeal] shall be conducted pursuant to the act of
28 December 2, 1968 (P.L.1133, No.353), known as the "Local Agency
29 Law." Any subsequent appeal shall be to the court of common
30 pleas of the county where the land to which the permit pertains
19930H2146B2639 - 37 -
1 is located. The Attorney General shall be notified in writing by
2 the appellant of any appeal challenging the constitutionality of
3 any provision of this act or the validity of any rule or
4 regulation promulgated hereunder.
5 (b) Any order, permit, or decision of the department under
6 this act, except as otherwise provided by section 10 (10) and
7 section 11 of this act, shall be taken, subject to the right of
8 notice and appeal to the Environmental Hearing Board, pursuant
9 to section 1921-A of The Administrative Code of 1929, as
10 amended, and the act of June 4, 1945 (P.L.1388, No.442), known
11 as the "Administrative Agency Law," as amended.
12 Section 11. The act is amended by adding a section to read:
13 Section 16.1. Civil Actions.--(a) Notwithstanding any other
14 provision of this act, any person who has experienced, or is
15 threatened with injury, property damage or loss of property
16 value as a result of damage to the site proposed for
17 installation of an individual or community on-lot sewage system
18 or the siting or installation of an individual or community
19 sewage system or from a condition resulting from, or which may
20 result from, the malfunction of any such system, may file a
21 civil action against the person who damaged the site or the
22 person who installed the individual or community on-lot sewage
23 system to recover damages from injury, property damage or loss
24 of property value resulting from such action.
25 (b) The courts of common pleas shall have jurisdiction over
26 any actions authorized under this section.
27 (c) The department may intervene as a matter of right in any
28 action authorized under this section.
29 Section 12. This act shall take effect as follows:
30 (1) The amendment or addition of section 7(a)(1) and (b)
19930H2146B2639 - 38 -
1 of the act shall take effect immediately.
2 (2) This section shall take effect immediately.
3 (3) The remainder of this act shall take effect in 240
4 days.
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