25 Pa. Code § 71.72 - Sewage management programs for Department permitted sewage facilities and community onlot sewage systems
(a)
When an official plan or revision to an official plan for existing needs areas
or new land development proposes the construction of Department permitted
nonmunicipal sewage facilities, or a community onlot sewage system permitted by
a local agency (except for small flow treatment facilities which shall comply
with the management provisions of §
71.64(c)(5))
(relating to small flow treatment facilities)) the official plan or revision
shall evaluate the options available to assure the long-term proper operation
and maintenance of the proposed sewage facilities. The municipality, prior to
adoption of that official plan or revision, shall require one or more of the
following:
(1) A bond or escrow account
sufficient to cover the costs of future operation and maintenance of the sewage
facilities under local ordinances. Bonding, escrow or other security shall be
forfeited to the municipality upon notice by the Department of continuing
noncompliance of the system with the operation and maintenance standards
established through a condition in the permit issued by the Department or local
agency. 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
or until the system is in compliance and being properly operated and
maintained. 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 shall 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 bondholder. The remaining bond totaling 10% of the cost of the
equipment and installation shall be maintained for the life of the
system.
(2) A maintenance agreement
between the property owner and an individual, firm or corporation experienced
in the operation and maintenance of sewage treatment systems.
(3) 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.
(4) A
municipal ordinance which requires the system to 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.
(5)
Establishment of a properly chartered association, trust or other private legal
entity to assure long-term administration of an operation and maintenance
program.
(6) Municipal ownership of
the sewage facilities upon completion.
(7) Establishment of, or inclusion of, the
sewage facilities under a management agency through existing municipal codes,
including but not limited to, municipal authorities, sanitary boards and boards
of health.
(8) Establishment of, or
inclusion of, the sewage facilities under a management agency through the
adoption of local ordinances under municipal codes.
(9) One or a combination of the requirements
in paragraphs (1)-(8) or other actions permitted by and consistent with the act
and The Clean Streams Law found necessary by the municipality to insure proper
installation, maintenance and operation of the proposed sewage facilities.
Notes
The provisions of this § 71.72 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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