CORRECTIVE REPRINT SENATE AMENDED PRIOR PRINTER'S NOS. 54, 287, 1343, PRINTER'S NO. 2079 2053
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, MERRY, GIGLIOTTI, CARLSON, MELIO, SERAFINI, BELARDI, BISHOP, VEON, SAURMAN AND BROUJOS, JANUARY 18, 1989
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS AMENDED, JUNE 13, 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 Advisory Committee; 12 further providing for the approval of certain plans, for 13 permits, for the powers and duties of local agencies, the 14 certification board, the Environmental Quality Board and the 15 department; and reestablishing the State Board for 16 Certification of Sewage Enforcement Officers pursuant to the 17 Sunset Act. 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
1 ACT, AMENDED JULY 22, 1974 (P.L.621, NO.208), IS AMENDED TO 2 READ: 3 SECTION 2. DEFINITIONS.--AS USED IN THIS ACT: 4 * * * 5 "RESIDENTIAL SUBDIVISION PLAN" MEANS A SUBDIVISION IN WHICH 6 AT LEAST TWO-THIRDS OF THE PROPOSED DAILY SEWAGE FLOWS WILL BE 7 GENERATED BY RESIDENTIAL USES. 8 * * * 9 Section 1 2. Sections 4, 5(e) and 7(a) and (b)(7) of the act <-- 10 of January 24, 1966 (1965 P.L.1535, No.537), known as the <-- 11 Pennsylvania Sewage Facilities Act, amended July 22, 1974 12 (P.L.621, No.208), are amended to read: 13 Section 4. Advisory Committee.--(A) An advisory committee <-- 14 shall be appointed within three months of the passage of this 15 act and biennially thereafter, membership of which shall be 16 composed of one representative from the following organizations, 17 the name of said representative to be submitted to the secretary 18 within ten days of receipt of request for same: Pennsylvania 19 State Association of Township Supervisors, Pennsylvania State 20 Association of Boroughs, Pennsylvania League of Cities, 21 Pennsylvania State Association of Township Commissioners, 22 Pennsylvania State Association of County Commissioners, 23 Pennsylvania Association of Plumbing, Heating, Cooling, 24 Contractors, Inc., Pennsylvania Society of Professional 25 Engineers, Mortgage Bankers' Association, Pennsylvania Builders 26 Association, Pennsylvania Association of Realtors, PENNSYLVANIA <-- 27 LANDOWNERS ASSOCIATION, Pennsylvania Society of Architects, 28 County Health Departments, Pennsylvania State University, 29 Pennsylvania Municipal Authorities Association, Pennsylvania 30 Section of the American Water Works Association, Water Pollution 19890H0052B2079 - 2 -
1 Association of Pennsylvania, American Society of Civil 2 Engineers, Pennsylvania Environmental Health Association, 3 Farmers Home Administration, Consulting Engineers Council of 4 Pennsylvania, National Association of Water Companies, 5 Pennsylvania Vacation Land Developers Association, United States 6 Department of Housing and Urban Development, Pennsylvania 7 Department of Commerce, Pennsylvania Department of Community 8 Affairs, Office of State Planning and Development, Pennsylvania 9 Bar Association, and such other organizations having a direct 10 interest in the area of water and sewage as the secretary deems 11 necessary. 12 (B) The advisory committee shall have the opportunity to <-- 13 review proposed rules, regulations, standards and procedures and 14 shall review existing rules, regulations, standards and 15 procedures of the department pursuant to this act. 16 (C) The recommendations of the advisory committee shall be <-- 17 submitted to the secretary who shall give due consideration to 18 the same. 19 Section 5. Official Plans.--* * * 20 (e) The department is hereby authorized to approve or 21 disapprove official plans for sewage systems submitted in 22 accordance with this act within one year of date of submission 23 and revisions of official plans within such lesser time as the 24 regulations shall stipulate, except that the department shall 25 approve or disapprove revisions constituting residential 26 subdivision plans within ninety days of the date of A COMPLETE <-- 27 submission, for the period of one year from the effective date 28 of this amendatory act, and within sixty days of the date of A <-- 29 COMPLETE submission thereafter. THE DEPARTMENT SHALL DETERMINE <-- 30 IF A SUBMISSION IS COMPLETE WITHIN TEN (10) WORKING DAYS OF ITS 19890H0052B2079 - 3 -
1 RECEIPT. 2 * * * 3 Section 7. Permits.--(a) No person shall install, 4 construct, or request bid proposals for construction, or alter 5 an individual sewage system or community sewage system or 6 construct, or request bid proposals for construction, or install 7 or occupy any building or structure for which an individual 8 sewage system or community sewage system is to be installed 9 without first obtaining a permit indicating that the site and 10 the plans and specifications of such system are in compliance 11 with the provisions of this act and the standards adopted 12 pursuant to this act. No permit may be issued by the local 13 agency in those cases where a permit from the department is 14 required pursuant to the act of June 22, 1937 (P.L.1987, 15 No.394), known as "The Clean Streams Law," as amended, or [where <-- 16 the department pursuant to its rules and regulations, determines 17 that such permit is not necessary either] for a rural residence <-- 18 [or for the protection of the public health]. A municipality <-- 19 may, however, by ordinance require a permit for a rural 20 residence. In such a case the local agency administering the 21 provisions of this act within the municipality shall require a 22 permit for a rural residence. A permit for a rural residence 23 shall not be necessary unless the local municipality requires it 24 by ordinance. Except where a municipality requires a permit by 25 ordinance, the owner of any rural residence shall install, as a 26 minimum, a septic tank or tanks with a capacity of not less than 27 nine hundred gallons with a drain field of one thousand two 28 hundred square feet, and drain field trench lines at a minimum 29 of three feet wide, two feet deep with one foot of aggregate 30 below one foot of soil cover, which shall be at least one 19890H0052B2079 - 4 -
1 hundred fifty feet from any property line, one hundred-year 2 flood plain, or any river, stream, creek, impoundment, well, 3 water course, storm sewer, lake, dammed water, pond or spring. 4 However, it is expressly understood that the owner and the 5 purchaser of a parcel which qualifies as a rural residence 6 recognize that soil-testing procedures were not necessary. The 7 owner and purchaser who installs a system under the provisions 8 of this section shall be deemed to release and hold harmless the 9 department, the local permitting agency, agent and all township 10 officials from any responsibility or liability for the 11 functioning of the septic system installed. The property owner 12 shall be liable for any contamination or pollution which occurs 13 as the result of the malfunction of a septic system installed in 14 accordance with the provisions of this subsection. It is the 15 sole responsibility of the property owner to correct any system 16 which is shown to contaminate ground or surface water. The local 17 permitting agent shall certify that the system meets the above 18 stated requirements. The cost incurred for the certification 19 inspection by the local permitting agency shall be borne by the 20 property owner. The provisions of section 7.1 relating to 21 certain notices in contracts for the sale of land shall apply to 22 all property which is subject to this section. EXCEPT WHERE A <-- 23 LOCAL AGENCY REQUIRES A PERMIT BY ORDINANCE, NO PERMIT SHALL BE 24 REQUIRED FOR THE INSTALLATION OF AN INDIVIDUAL ON-LOT SEWAGE 25 SYSTEM FOR A RESIDENTIAL STRUCTURE OCCUPIED OR INTENDED TO BE 26 OCCUPIED BY NOT MORE THAN TWO FAMILIES, ONE OF WHOM IS THE 27 PROPERTY OWNER, ON A CONTIGUOUS TRACT OF LAND TEN ACRES OR MORE 28 IF THE OWNER OF THE PROPERTY WAS THE OWNER OF RECORD AS OF 29 JANUARY 10, 1987. 30 (b) * * * 19890H0052B2079 - 5 -
1 (7) If construction or installation of an individual sewage 2 system or community sewage system and of any building or 3 structure for which such system is to be installed has not 4 commenced within [two] three years after the issuance of a 5 permit for such system, the said permit shall expire, and a new 6 permit shall be obtained prior to the commencement of said 7 construction or installation. 8 * * * 9 Section 2 3. Section 8(b) of the act is amended by adding a <-- 10 paragraph and the section is amended by adding a subsection to 11 read: 12 Section 8. Powers and Duties of Local Agencies.--* * * 13 (b) Each local agency in addition to the powers and duties 14 conferred upon it by existing law shall have the power and the 15 duty: 16 * * * 17 (1.1) To have at least one alternate sewage enforcement 18 officer authorized AS AUTHORIZED BY THE LOCAL AGENCY to work in <-- 19 the municipality or municipalities of the local agency. 20 * * * 21 (c) Sewage enforcement officers employed by local agencies 22 in accordance with this act, in performing their duties as 23 required under this act, may accept prior testing data and 24 information obtained by a previous sewage enforcement officer, 25 provided that the site and prior testing meets all of the 26 following criteria and the sewage enforcement officer certifies 27 the same to the local agency: 28 (1) The soils testing performed on the property in question 29 has not been cited in a revocation, suspension or other 30 agreement to surrender certification which indicates violations 19890H0052B2079 - 6 -
1 of soil testing procedures by the previous sewage enforcement 2 officer. 3 (2) The exact location of the test to be used for issuance 4 of a permit must be verifiable by at least one of the following 5 methods: 6 (i) Location of the test pit and percolation hole remnants 7 on the lot by the current sewage enforcement officer. 8 (ii) The existence of recorded measurements from at least 9 two permanent landmarks on the property in question establishing 10 the original test location. 11 (iii) A scale drawing of the lot or property in question 12 indicating the location of the tests by reference to at least 13 two permanent landmarks. 14 (iv) Identification of the exact location of the tests by 15 the prior sewage enforcement officer, provided that his or her 16 certification has not been revoked, suspended or voluntarily 17 surrendered to the department. 18 (3) Verification that the percolation test and soils 19 evaluation was conducted in accordance with the applicable 20 regulations. 21 (4) Soils description and percolation test data are 22 available and recorded on the prescribed form, or its 23 equivalent, in sufficient quantity and quality to be interpreted 24 by others. 25 (5) The soil probes were conducted within ten feet of the 26 proposed absorption area. 27 (6) The percolation test on the lot was performed on the 28 site of the proposed absorption area. 29 (7) The person who originally observed or conducted the 30 testing was certified under the current certification 19890H0052B2079 - 7 -
1 requirements of this act. 2 (8) No inaccuracies or falsifications of the test data are 3 apparent or identifiable. 4 (9) No changes to the site have occurred since the time of 5 the original testing. 6 Section 3 4. Section 9 of the act, amended December 10, 1974 <-- 7 (P.L.856, No.288), is amended to read: 8 Section 9. Powers and Duties of the Environmental Quality 9 Board.--(a) The Environmental Quality Board shall have the 10 power and its duty shall be to adopt such rules and regulations 11 of the department, applicable throughout the Commonwealth, as 12 shall be necessary for the implementation of the provisions of 13 this act. Such rules and regulations shall establish standards 14 for the construction, installation, alteration, maintenance and 15 operation of individual sewage systems and community sewage 16 systems and of sewage treatment plants in such systems, take 17 cognizance of latest technological developments in the field of 18 individual sewage systems, including adoption of standards 19 providing for use of alternate individual sewage systems, 20 standards for enforcement programs of local agencies and for the 21 certification of personnel employed by local agencies to 22 administer the provisions of this act, standards for the 23 preparation, review and acceptance of official plans, and 24 requirements for the disbursement of State and Federal funds to 25 municipalities and local agencies for planning, personnel and 26 construction of sewage disposal systems. Such rules and 27 regulations shall be adopted pursuant to the act of July 31, 28 1968 (P.L.769, No.240), known as the "Commonwealth Documents 29 Law," upon such notice and after such public hearings as the 30 board deems appropriate. The rules and regulations adopted by 19890H0052B2079 - 8 -
1 the board under this section shall supersede any ordinance, 2 rules or regulations of local agencies which are not in 3 conformity with the rules and regulations of the board. 4 (b) Within one year of the effective date of this amendatory 5 act, the board shall promulgate proposed rules and regulations 6 that govern the ability of local agencies to issue permits for 7 the construction of individual residential sewage systems where 8 soil mottling is present. The rules and regulations shall 9 include, but not be limited to, the following: 10 (1) A requirement that a local agency perform a percolation 11 test when one is requested in writing by the owner of the 12 property, at the owner's expense, where the local agency 13 determines soil mottling is present. 14 (2) Where the sole reason for a property not meeting the 15 requirements for the installation of an individual residential 16 sewage system is the presence of soil mottling and where no 17 other approved alternate sewage systems can be permitted on the 18 property, the local agency may still SHALL issue a permit for an <-- 19 individual sewage system where the property owner meets all of 20 the following conditions: 21 (i) The property owner demonstrates that at least three 22 individual residential sewage systems in close proximity to the 23 applicant's property have been functioning without pollutional 24 discharges to surface or groundwater for five years or more and 25 have soil conditions similar to the applicant's property as 26 verified by a qualified soil scientist. 27 (ii) The property owner proposes an individual residential 28 sewage system that, in the opinion of a registered professional 29 engineer, can be expected to function in the soils on the 30 property without pollutional discharges to surface or 19890H0052B2079 - 9 -
1 groundwater. 2 (iii) The property owner provides evidence of financial 3 assurance to the local agency in an amount equal to the cost of 4 replacement of the individual residential sewage system proposed 5 and the reasonably anticipated cost of remedial measures to 6 cleanup contaminated groundwater and to replace any contaminated 7 water supplies. In no case shall the local agency approve 8 financial assurance in an amount less than twenty thousand 9 dollars ($20,000) for each year up to three years. The township 10 may require an additional two years financial assurance. The 11 local agency may waive the financial assurance requirement after 12 five years if there is no evidence of pollutional discharge to 13 surface or groundwater. 14 (iv) The property owner produces evidence of a clause in the 15 deed to the property that clearly indicates soil mottling is 16 present on the property and that an individual residential 17 sewage system meeting the requirements of this section was 18 installed on the property. 19 (c) The Environmental Quality Board shall promulgate rules 20 and regulations that are to establish the specific types of 21 financial assurance that are acceptable under this section, the 22 procedures local agencies are to follow in forfeiting the 23 financial assurance and the type of additional financial 24 assurance required if a system approved under this section is 25 replaced. The financial assurances may include an option where 26 the local agency may offer, for a fee, financial assurance for 27 systems installed under this section up to the amount 28 established in subsection (b)(2)(iii). 29 (d) The local agency shall not be held liable for the 30 performance of an individual residential sewage system approved 19890H0052B2079 - 10 -
1 under this section, except where financial assurance is provided 2 by the local agency under subsection (c). 3 Section 4 5. Sections 10 and 11 of the act, amended July 22, <-- 4 1974 (P.L.621, No.208), are amended to read: 5 Section 10. Powers and Duties of the Department of 6 Environmental Resources.--The department shall have the power 7 and its duty shall be: 8 (1) To order municipalities to submit official plans and 9 revisions thereto within such time and under such conditions as 10 the rules and regulations promulgated under this act may 11 provide. 12 (2) To approve or disapprove official plans and revisions 13 thereto. 14 (3) To order the implementation of official plans and 15 revisions thereto. 16 (4) To administer grants and reimbursements to local 17 agencies as provided by section 6 of this act. 18 (5) To review the performance of local agencies in the 19 administration of section 7 of this act. 20 (6) To cooperate with local agencies, the advisory committee 21 and industry in studying and evaluating new methods of sewage 22 disposal. For the purpose of investigating innovative or 23 alternative on-lot sewage systems, the department may enter into 24 contracts with private entities. Such contracts shall be funded 25 from funds specifically appropriated by the General Assembly for 26 this purpose. 27 (7) To order a local agency to undertake actions deemed by 28 the department necessary to administer effectively section 7 of 29 this act in conformance with the rules and regulations of the 30 department. 19890H0052B2079 - 11 -
1 (8) To enter upon lands and make inspections and to require 2 the submission of papers, books and records by local agencies 3 for the purposes set forth in this act. 4 (9) To train sewage enforcement officers and to require 5 sewage enforcement officers to participate in training. Such 6 training shall be funded from funds specifically appropriated by 7 the General Assembly for this purpose. 8 (10) To revoke or suspend the certification of sewage 9 enforcement officers for cause, or to reinstate same, in 10 accordance with the rules and regulations of the department: 11 Provided, however, That such actions of the department shall 12 become effective only after notice and an opportunity for 13 hearing before the certification board has been given. 14 (11) To develop a list of firms or agencies that provide 15 testing services for evaluating gradation specifications of sand 16 for use in elevated sand mound on lot disposal systems. A 17 permittee that is the sand supplier for an elevated sand mound 18 shall certify in writing that sand used in these systems meets 19 the requirements established by the department. 20 Section 11. Certification Board.--(a) There is hereby 21 created within the department a State Board for Certification of 22 Sewage Enforcement Officers. The board shall consist of five 23 members to be appointed by the secretary. One member shall be a 24 representative of local government; one member shall be a sewage 25 enforcement officer certified under the provisions of this act; 26 one member shall be a representative of the engineering 27 profession; and two additional members shall be chosen from a 28 list of nominees submitted to the secretary by the advisory 29 committee. The advisory committee shall designate a minimum of 30 three nominees for the latter two positions. The original 19890H0052B2079 - 12 -
1 appointed members of the board in the order listed above shall 2 hold office for one, two, three, three and four years, 3 respectively. Thereafter, each appointment shall be for a period 4 of four years' duration. The secretary may reappoint board 5 members for successive terms. Members of the board shall remain 6 in office until a successor is appointed and qualified. If 7 vacancies occur prior to completion of a term, the secretary 8 shall appoint another member in accordance with this section to 9 fill the unexpired term. 10 The secretary, or his representative, shall call the first 11 meeting of the board at which time a chairman of the board shall 12 be elected. Thereafter, the chairman shall be elected annually. 13 Three members of the board shall constitute a quorum. Meetings 14 may be called by the chairman as needed to conduct the business 15 of the board. 16 The members of the board shall receive no compensation for 17 their services but shall be reimbursed for actual and necessary 18 expenses incurred in the performance of their duties. 19 (b) The board shall have the power and its duty shall be, in 20 accordance with the rules and regulations of the department, to: 21 (1) Review and pass upon applications for certification of 22 sewage enforcement officers within thirty days of the receipt of 23 the test results from the testing contractor. If the board does 24 not meet within this time period, the applicants who have 25 achieved the necessary passing score on the certification 26 examination and who are not in violation or restrained by any 27 department regulation from certification shall be deemed to be 28 certified. 29 (2) Administer such examinations as prepared by the 30 department, as may be deemed necessary to determine the fitness 19890H0052B2079 - 13 -
1 of candidates for certification. Such examinations shall be held 2 [at frequent intervals and at least annually to afford all 3 applicants an equal opportunity for taking such examinations] no 4 less than four times in each calendar year. The board shall 5 determine and shall announce, in sufficient time, the location 6 and time for such examinations, except that the board shall 7 allow the department to schedule special "walk-in" examinations 8 when a local agency demonstrates an immediate need to obtain a 9 sewage enforcement officer. During the first year of this act, 10 no fees will be charged for said examinations. During the second 11 and subsequent years, the board is hereby authorized to collect 12 a fee of ten dollars ($10) from each applicant. 13 (3) Hold hearings and issue adjudications under the 14 provisions of the act of June 4, 1945 (P.L.1388, No.442), known 15 as the "Administrative Agency Law," on any revocation, 16 suspension or reinstatement of certification by the department: 17 Provided, That the filing of an appeal with the board shall not 18 operate as an automatic supersedeas of the action of the board <-- 19 DEPARTMENT. The provisions of section 1921-A of The <-- 20 Administrative Code notwithstanding, such actions of the 21 department shall not be appealable to the Environmental Hearing 22 Board. 23 (4) Consider for renewal biennially certificates issued 24 under this section, and collect a fee of five dollars ($5) or 25 such reasonable fee as the department shall establish by 26 regulation from each certificate holder for such renewal. 27 (5) Compile and keep current a register showing the names 28 and addresses of certified sewage enforcement officers. Copies 29 of this register shall be furnished on request for the 30 department and for municipalities and upon payment of such 19890H0052B2079 - 14 -
1 reasonable fee for all others, as the department shall 2 establish. 3 Section 5 6. The act is amended by adding a section to read: <-- 4 Section 20.1. Sunset Provisions.--(a) The State Board for 5 Certification of Sewage Enforcement Officers, scheduled for 6 termination under section 6 of the act of December 22, 1981 7 (P.L.508, No.142), known as the "Sunset Act," is hereby 8 reestablished. 9 (b) The board is subject to evaluation, review and 10 termination within the time and in the manner provided in the 11 "Sunset Act." 12 (c) This section, with respect to the board, constitutes the 13 legislation required to reestablish that board under the "Sunset 14 Act." 15 Section 6 7. The provisions of section 1 (section 7(a)) of <-- 16 this act shall not affect any right to a rural residence 17 exemption from permit requirements imposed by a municipality 18 which was legally established prior to the effective date of 19 this act. 20 Section 7. Three years after enactment, the Joint Air and <-- 21 Water Pollution Control and Conservation Committee shall report 22 to the General Assembly its findings concerning the performance 23 of those systems installed on rural residences subsequent to the 24 effective date of this act. 25 Section 8. This act shall take effect immediately. L27L35DGS/19890H0052B2079 - 15 -