25 Pa. Code § 71.64 - Small flow treatment facilities
(a)
Small flow treatment facilities require adequate operation and maintenance to
prevent the creation of environmental problems or public health hazards
associated with improperly treated sewage. This requires the control of small
flow treatment facilities through specific restrictions on their use.
(b) Small flow treatment facilities are
restricted to use as a replacement or repair system which the Department
determines is necessary to abate an existing nuisance or public health hazard
or as a system to serve residential dwellings or commercial facilities which
generate domestic wastewater not containing industrial waste.
(c) When an official plan or update revision
proposes the use of small flow treatment facilities, the official plan or
revision shall, as a minimum, contain the following, in addition to the
requirements of Subchapters B and C (relating to official plan requirements;
and new land development plan revisions):
(1)
Documentation that soils are not suitable for the installation of individual or
community onlot sewage disposal systems, excluding individual residential spray
irrigation systems proposed for use in areas outside the watershed of waters
classified as high quality or exceptional value under §§
93.6 and
93.9 (relating to general water
quality criteria; and designated water uses and water quality
criteria).
(2) A preliminary
hydrogeologic evaluation when the small flow treatment facility will use land
disposal or a dry stream channel discharge for final disposal. This evaluation
shall include:
(i) The most recent 71/2'
United States Geologic Survey Topographic map with the discharge accurately
plotted.
(ii) The discharge rate
and quality, including seasonal variations.
(iii) An identification on the topographic
map of existing groundwater uses for 200 feet in width on each side of the
channel downstream from the discharge from the system until perennial stream
conditions are reached.
(3) Documentation, using the information
developed in paragraph (2), which confirms that existing or proposed drinking
water uses will be protected and that effluent will not create a public health
hazard or a nuisance.
(4)
Documentation that the proposed use of these small flow treatment facilities
does not conflict with comprehensive sewage planning for the area.
(5) An evaluation that establishes specific
responsibilities for operation and maintenance of the proposed system which
shall include documentation that one or a combination of the following
operation and maintenance requirements have been established or approved in
writing by the municipality:
(i) A maintenance
agreement between the property owner and an individual, firm or corporation
experienced in the operation and maintenance of sewage treatment
systems.
(ii) A maintenance
agreement between the property owner and municipality or its designated local
agency which establishes the property owner's responsibility for operating and
maintaining the system and the responsibility of the municipality or local
agency for oversight of the system.
(iii) A municipal ordinance which requires
that the small flow treatment facilities be operated and maintained through a
maintenance agreement between the property owner and an individual, firm or
corporation experienced in the operation and maintenance of sewage treatment
systems.
(iv) Municipal ownership
of the system.
(v) Inclusion of the
system under a sewage management agency developed in accordance with §
71.73 (relating to sewage
management programs for sewage facilities permitted by local agencies) operated
by the municipality.
(vi) A
properly chartered association, trust or other private entity which is
structured to manage the system.
(vii) Establishment of bonding, escrow or
other security prior to planning approval. The bonding, escrow or other
security shall be forfeited to the municipality upon notice of continuing
noncompliance of the system with the operation, maintenance and monitoring
standards contained in the permit or noncompliance with the municipal
assurances for management of the operation and maintenance requirements
established through this section. The municipality shall use the forfeited
security to cover the costs of repair or future operation and maintenance of
the system over its design life. The bonding, escrow or other security shall be
for an amount up to a maximum of 50% for each of the first 2 years of
operation. After 2 years of operation, the bond agreement must provide for a
refund of a portion of the original bond so that only 10% of the cost of the
equipment and installation is retained by the bond-holder. The remaining bond
totaling 10% of the cost of the equipment and installation shall be maintained
for the life of the system.
(6) An evaluation of the density of
development and the number and density of other similar systems in the
watershed. As a result of that evaluation, the Department may impose additional
conditions or limit the construction or operation of small flow treatment
facilities.
(7) An evaluation of
the alternatives available to provide sewage facilities which documents that
the use of small flow treatment facilities is a technically, environmentally
and administratively acceptable alternative.
(d) Small flow treatment facilities and their
appurtenances shall meet applicable design, installation, operation and other
standards established for small flow treatment facilities by the Department
under sections 202 and 207 of The Clean Streams Law (35 P. S. §§
691.202 and
691.207) and shall obtain a
Clean Streams Law permit and if there is a discharge to surface water, a
National Pollutant Discharge Elimination System permit, prior to construction
and operation.
(e) Plans and
specifications shall be prepared by a licensed professional engineer in
compliance with Chapter 91 (relating to general provisions).
(f) The Department may require independent
oversight of the system installation.
Notes
The provisions of this § 71.64 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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