PRINTER'S NO. 54
No. 52 Session of 1989
INTRODUCED BY GEORGE, FEE, WOZNIAK, LUCYK, HAYDEN, LEVDANSKY, TRELLO, HALUSKA, HERMAN, CAWLEY, MORRIS, ROBINSON, VAN HORNE, DIETTERICK, LAUGHLIN, STABACK, DALEY, BATTISTO, ANGSTADT, COLAIZZO, CLYMER, WASS, TIGUE, BELFANTI, BURD, DISTLER AND BOWLEY, JANUARY 18, 1989
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 18, 1989
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 the approval of certain 12 plans, for permits, for the powers and duties of local 13 agencies, the certification board, the Environmental Quality 14 Board and the department; and reestablishing the State Board 15 for Certification of Sewage Enforcement Officers pursuant to 16 the Sunset Act. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Sections 5(e) and 7(b)(7) of the act of January 20 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania 21 Sewage Facilities Act, amended July 22, 1974 (P.L.621, No.208), 22 are amended to read: 23 Section 5. Official Plans.--* * *
1 (e) The department is hereby authorized to approve or 2 disapprove official plans for sewage systems submitted in 3 accordance with this act within one year of date of submission 4 and revisions of official plans within such lesser time as the 5 regulations shall stipulate, except that the department shall 6 approve or disapprove revisions constituting residential 7 subdivision plans within ninety days of the date of submission, 8 for the period of one year from the effective date of this 9 amendatory act, and within sixty days of the date of submission 10 thereafter. 11 * * * 12 Section 7. Permits.--* * * 13 (b) * * * 14 (7) If construction or installation of an individual sewage 15 system or community sewage system and of any building or 16 structure for which such system is to be installed has not 17 commenced within [two] three years after the issuance of a 18 permit for such system, the said permit shall expire, and a new 19 permit shall be obtained prior to the commencement of said 20 construction or installation. 21 * * * 22 Section 2. Section 8(b) of the act is amended by adding a 23 paragraph and the section is amended by adding a subsection to 24 read: 25 Section 8. Powers and Duties of Local Agencies.--* * * 26 (b) Each local agency in addition to the powers and duties 27 conferred upon it by existing law shall have the power and the 28 duty: 29 * * * 30 (1.1) To have at least one alternate sewage enforcement 19890H0052B0054 - 2 -
1 officer authorized to work in the municipality or municipalities 2 of the local agency. 3 * * * 4 (c) Sewage enforcement officers employed by local agencies 5 in accordance with this act, in performing their duties as 6 required under this act, may accept prior testing data and 7 information obtained by a previous sewage enforcement officer, 8 provided that the site and prior testing meets all of the 9 following criteria and the sewage enforcement officer certifies 10 same to the local agency: 11 (1) The soils testing performed on the property in question 12 has not been cited in a revocation, suspension or other 13 agreement to surrender certification which indicates violations 14 of soil testing procedures by the previous sewage enforcement 15 officer. 16 (2) The exact location of the test to be used for issuance 17 of a permit must be verifiable by at least one of the following 18 methods: 19 (i) Location of the test pit and percolation hole remnants 20 on the lot by the current sewage enforcement officer. 21 (ii) The existence of recorded measurements from at least 22 two permanent landmarks on the property in question establishing 23 the original test location. 24 (iii) A scale drawing of the lot or property in question 25 indicating the location of the tests by reference to at least 26 two permanent landmarks. 27 (iv) Identification of the exact location of the tests by 28 the prior sewage enforcement officer, provided that his or her 29 certification has not been revoked, suspended or voluntarily 30 surrendered to the department. 19890H0052B0054 - 3 -
1 (3) Verification that the percolation test and soils 2 evaluation was conducted in accordance with the applicable 3 regulations. 4 (4) Soils description and percolation test data are 5 available and recorded on the prescribed form, or its 6 equivalent, in sufficient quantity and quality to be interpreted 7 by others. 8 (5) The soil probes were conducted within ten feet of the 9 proposed absorption area. 10 (6) The percolation test on the lot was performed on the 11 site of the proposed absorption area. 12 (7) The person who originally observed or conducted the 13 testing was certified under the current certification 14 requirements of this act. 15 (8) No inaccuracies or falsifications of the test data are 16 apparent or identifiable. 17 (9) No changes to the site have occurred since the time of 18 the original testing. 19 Section 3. Section 9 of the act, amended December 10, 1974 20 (P.L.856, No.288), is amended to read: 21 Section 9. Powers and Duties of the Environmental Quality 22 Board.--(a) The Environmental Quality Board shall have the 23 power and its duty shall be to adopt such rules and regulations 24 of the department, applicable throughout the Commonwealth, as 25 shall be necessary for the implementation of the provisions of 26 this act. Such rules and regulations shall establish standards 27 for the construction, installation, alteration, maintenance and 28 operation of individual sewage systems and community sewage 29 systems and of sewage treatment plants in such systems, take 30 cognizance of latest technological developments in the field of 19890H0052B0054 - 4 -
1 individual sewage systems, including adoption of standards 2 providing for use of alternate individual sewage systems, 3 standards for enforcement programs of local agencies and for the 4 certification of personnel employed by local agencies to 5 administer the provisions of this act, standards for the 6 preparation, review and acceptance of official plans, and 7 requirements for the disbursement of State and Federal funds to 8 municipalities and local agencies for planning, personnel and 9 construction of sewage disposal systems. Such rules and 10 regulations shall be adopted pursuant to the act of July 31, 11 1968 (P.L.769, No.240), known as the "Commonwealth Documents 12 Law," upon such notice and after such public hearings as the 13 board deems appropriate. The rules and regulations adopted by 14 the board under this section shall supersede any ordinance, 15 rules or regulations of local agencies which are not in 16 conformity with the rules and regulations of the board. 17 (b) Within one year of the effective date of this amendatory 18 act, the board shall promulgate proposed rules and regulations 19 that govern the ability of local agencies to issue permits for 20 the construction of individual residential sewage systems where 21 soil mottling is present. The rules and regulations shall 22 include, but not be limited to, the following: 23 (1) A requirement that a local agency perform a percolation 24 test when one is requested in writing by the owner of property, 25 at the owner's expense, where the local agency determines soil 26 mottling is present. 27 (2) Where the sole reason for a property not meeting the 28 requirements for the installation of an individual residential 29 sewage system is the presence of soil mottling and where no 30 other approved alternate sewage systems can be permitted on the 19890H0052B0054 - 5 -
1 property, the local agency may still issue a permit for an 2 individual sewage system where the property owner meets all of 3 the following conditions: 4 (i) The property owner demonstrates that at least three 5 individual residential sewage systems in close proximity to the 6 applicant's property have been functioning without pollutional 7 discharges to surface or groundwater for five years or more and 8 have soil conditions similar to the applicant's property as 9 verified by a qualified soil scientist. 10 (ii) The property owner proposes an individual residential 11 sewage system that, in the opinion of a registered professional 12 engineer, can be expected to function in the soils on the 13 property without pollutional discharges to surface or 14 groundwater. 15 (iii) The property owner provides evidence of financial 16 assurance to the local agency in an amount equal to the cost of 17 replacement of the individual residential sewage system proposed 18 and the reasonably anticipated cost of remedial measures to 19 cleanup contaminated groundwater and to replace any contaminated 20 water supplies. In no case shall the local agency approve 21 financial assurance in an amount less than twenty thousand 22 dollars ($20,000) for each year up to three years. The township 23 may require an additional two years financial assurance. The 24 local agency may waive the financial assurance requirement after 25 five years if there is no evidence of pollutional discharge to 26 surface or groundwater. 27 (iv) The property owner produces evidence of a clause in the 28 deed to the property that clearly indicates soil mottling is 29 present on the property and that an individual residential 30 sewage system meeting the requirements of this section was 19890H0052B0054 - 6 -
1 installed on the property. 2 (c) The Environmental Quality Board shall promulgate rules 3 and regulations that are to establish the specific types of 4 financial assurance that are acceptable under this section, the 5 procedures local agencies are to follow in forfeiting the 6 financial assurance and the type of additional financial 7 assurance required if a system approved under this section is 8 replaced. The financial assurances may include an option where 9 the local agency may offer, for a fee, financial assurance for 10 systems installed under this section up to the amount 11 established in subsection (b)(2)(iii). 12 (d) The local agency shall not be held liable for the 13 performance of an individual residential sewage system approved 14 under this section, except where financial assurance is provided 15 by the local agency under subsection (c). 16 Section 4. Sections 10 and 11 of the act, amended July 22, 17 1974 (P.L.621, No.208), are amended to read: 18 Section 10. Powers and Duties of the Department of 19 Environmental Resources.--The department shall have the power 20 and its duty shall be: 21 (1) To order municipalities to submit official plans and 22 revisions thereto within such time and under such conditions as 23 the rules and regulations promulgated under this act may 24 provide. 25 (2) To approve or disapprove official plans and revisions 26 thereto. 27 (3) To order the implementation of official plans and 28 revisions thereto. 29 (4) To administer grants and reimbursements to local 30 agencies as provided by section 6 of this act. 19890H0052B0054 - 7 -
1 (5) To review the performance of local agencies in the 2 administration of section 7 of this act. 3 (6) To cooperate with local agencies, the advisory committee 4 and industry in studying and evaluating new methods of sewage 5 disposal. For the purpose of investigating innovative or 6 alternative on-lot sewage systems, the department may enter into 7 contracts with private entities. Such contracts shall be funded 8 from funds specifically appropriated by the General Assembly for 9 this purpose. 10 (7) To order a local agency to undertake actions deemed by 11 the department necessary to administer effectively section 7 of 12 this act in conformance with the rules and regulations of the 13 department. 14 (8) To enter upon lands and make inspections and to require 15 the submission of papers, books and records by local agencies 16 for the purposes set forth in this act. 17 (9) To train sewage enforcement officers and to require 18 sewage enforcement officers to participate in training. Such 19 training shall be funded from funds specifically appropriated by 20 the General Assembly for this purpose. 21 (10) To revoke or suspend the certification of sewage 22 enforcement officers for cause, or to reinstate same, in 23 accordance with the rules and regulations of the department: 24 Provided, however, That such actions of the department shall 25 become effective only after notice and an opportunity for 26 hearing before the certification board has been given. 27 (11) To consider for renewal biennially certificates issued 28 under this section and collect a fee of five dollars ($5.00), or 29 any different amount, which shall be established by regulation, 30 from each certificate holder applying for renewal. 19890H0052B0054 - 8 -
1 (12) To compile and keep current a register showing the 2 names and addresses of certified sewage enforcement officers. 3 Copies of this register shall be furnished on request to 4 municipalities and to others upon payment of such reasonable fee 5 as the department shall establish by regulation. 6 (13) To develop a list of firms or agencies that provide 7 testing services for evaluating gradation specifications of sand 8 for use in elevated sand mound on lot disposal systems. A 9 permittee that is the sand supplier for an elevated sand mound 10 shall certify in writing that sand used in these systems meets 11 the requirements established by the department. 12 Section 11. Certification Board.--(a) There is hereby 13 created within the department a State Board for Certification of 14 Sewage Enforcement Officers. The board shall consist of five 15 members to be appointed by the secretary. One member shall be a 16 representative of local government; one member shall be a sewage 17 enforcement officer certified under the provisions of this act; 18 one member shall be a representative of the engineering 19 profession; and two additional members shall be chosen from a 20 list of nominees submitted to the secretary by the advisory 21 committee. The advisory committee shall designate a minimum of 22 three nominees for the latter two positions. The original 23 appointed members of the board in the order listed above shall 24 hold office for one, two, three, three and four years, 25 respectively. Thereafter, each appointment shall be for a period 26 of four years' duration. The secretary may reappoint board 27 members for successive terms. Members of the board shall remain 28 in office until a successor is appointed and qualified. If 29 vacancies occur prior to completion of a term, the secretary 30 shall appoint another member in accordance with this section to 19890H0052B0054 - 9 -
1 fill the unexpired term. 2 The secretary, or his representative, shall call the first 3 meeting of the board at which time a chairman of the board shall 4 be elected. Thereafter, the chairman shall be elected annually. 5 Three members of the board shall constitute a quorum. Meetings 6 may be called by the chairman as needed to conduct the business 7 of the board. 8 The members of the board shall receive no compensation for 9 their services but shall be reimbursed for actual and necessary 10 expenses incurred in the performance of their duties. 11 (b) The board shall have the power and its duty shall be, in 12 accordance with the rules and regulations of the department, to: 13 (1) Review and pass upon applications for certification of 14 sewage enforcement officers within thirty days of the receipt of 15 the test results from the testing contractor. If the board does 16 not meet within this time period, the applicants who have 17 achieved the necessary passing score on the certification 18 examination and who are not in violation or restrained by any 19 department regulation from certification shall be deemed to be 20 certified. 21 (2) Administer such examinations as prepared by the 22 department, as may be deemed necessary to determine the fitness 23 of candidates for certification. Such examinations shall be held 24 [at frequent intervals and at least annually to afford all 25 applicants an equal opportunity for taking such examinations] no 26 less than four times in each calendar year. The board shall 27 determine and shall announce, in sufficient time, the location 28 and time for such examinations, except that the board shall 29 allow the department to schedule special "walk-in" examinations 30 when a local agency demonstrates an immediate need to obtain a 19890H0052B0054 - 10 -
1 sewage enforcement officer. During the first year of this act, 2 no fees will be charged for said examinations. During the second 3 and subsequent years, the board is hereby authorized to collect 4 a fee of ten dollars ($10) from each applicant. 5 (3) Hold hearings and issue adjudications under the 6 provisions of the act of June 4, 1945 (P.L.1388, No.442), known 7 as the "Administrative Agency Law," on any revocation, 8 suspension or reinstatement of certification by the department: 9 Provided, That the filing of an appeal with the board shall not 10 operate as an automatic supersedeas of the action of the board. 11 The provisions of section 1921-A of The Administrative Code 12 notwithstanding, such actions of the department shall not 13 appealable to the Environmental Hearing Board. 14 (4) Consider for renewal biennially certificates issued 15 under this section, and collect a fee of five dollars ($5) from 16 each certificate holder for such renewal. 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 20 municipalities and upon payment of such reasonable fee for all 21 others, as the department shall establish. 22 Section 5. The act is amended by adding a section to read: 23 Section 20.1. Sunset Provisions.--(a) The State Board for 24 Certification of Sewage Enforcement Officers, scheduled for 25 termination under section 6 of the act of December 22, 1981 26 (P.L.508, No.142), known as the "Sunset Act," is hereby 27 reestablished. 28 (b) The board is subject to evaluation, review and 29 termination within the time and in the manner provided in the 30 "Sunset Act." 19890H0052B0054 - 11 -
1 (c) This section, with respect to the board, constitutes the 2 legislation required to reestablish that board under the "Sunset 3 Act." 4 Section 6. This act shall take effect immediately. L27L35DGS/19890H0052B0054 - 12 -