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                               CORRECTIVE REPRINT
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 54, 287, 1343,           PRINTER'S NO. 2079
        2053

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.




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