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10/03/2024 10:42 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=12345
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: April 2, 2013 10:05 AM
From: Representative David M. Maloney, Sr.
To: All House members
Subject: Amending the Clean Streams Law to provide that DEP may not require anti-degradation requirements for onlot systems in conjunction with their planning and permitting
 
As Pennsylvania is a diverse state with vast rural regions, it is not surprising that more than 1 million onlot sewage systems in the Commonwealth serve an estimated 3.7 million residents. However, following a recent legal challenge to DEP’s approval of an onlot septic planning module (Pine Creek Valley Watershed Assoc. v. DEP) the department proposed new guidance for onlot systems within High Quality and Exceptional Value Watersheds.

The Commonwealth is home to more than 6090 stream miles of designated High Quality and Exceptional Value, and approximately another 2500 stream miles meet these criteria.Clearly, we have some of the finest streams in the nation.And, we’ve been able to protect our water while balancing the need for onlot systems.

However, this proposed guidance will have a significant impact on growth and development across the state as many developing areas simply cannot locate large sewage treatment facilities neither nearby nor in a cost effective manner.Likewise, the proposed onlot requirements will make it too difficult to locate these systems in economical way; stifling building projects and further straining our economy.Perhaps most troubling, these restrictions will ultimately deny Pennsylvanians of the right to use their land.Property owners invest in their land; and they establish estates for their children.Overly burdensome regulations like these do little more than rob such assets from our residents.

And, our 25 Pa. Code Chapter 73 provides standards for onlot systems like setback distances from streams and percolation tests that have always served as important environmental protections.Therefore, in the near future, I will introduce legislation amending the Clean Streams Law to provide that DEP may not require anti-degradation requirements for onlot systems in conjunction with their planning and permitting.This will allow us to continue to protect our waterways while balancing growth as we have traditionally met these needs across the Commonwealth.

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Introduced as HB1212


Memo Updated: April 2, 2013 10:06 AM