25 Pa. Code § 72.23 - Limitation on onlot system permit issuance
(a) The local agency may not issue permits
for individual or community onlot sewage systems unless the following exist:
(1) The proposed system is consistent with
the method of sewage disposal contained in the approved official plan, special
study or update revision of the municipality in which the system is to be
located.
(2) The municipality is
implementing its official plan, special study or update revision in accordance
with a schedule approved by the Department.
(3) The municipality has received approval of
a revision for new land development or exception to the requirement to revise
from the Department, a supplement for new land development has been approved by
the delegated agency serving the municipality or the Department or delegated
agency has determined that no planning is required under §
71.51(b)
(relating to general).
(b) Permits may not be issued when the
municipality has one or more of the following:
(1) No approved official plan.
(2) Not received Department approval of an
update revision or special study to the official plan.
(3) Not implemented its plan as required by
this part or by an order of the Department.
(c) Permit limitations under this section
shall be restricted to those areas of the municipality identified in writing to
the municipality by the Department as posing a serious risk to the health,
safety and welfare of persons within or adjacent to the municipality because of
the municipality's failure to revise or implement its plan. The limitations
shall remain in effect until the municipality has submitted the official plan,
update revision or special study to the official plan to, and received the
approval of the Department, or has commenced implementation of its plan, update
revision or special study in accordance with a schedule approved by the
Department.
(d) The limitations on
permit issuance contained in this section do not apply:
(1) To those areas of the municipality where
the Department or the local agency finds that a replacement soil absorption
area or spray field could be installed on the lot if the original system
failed. This determination shall be based on the results of a minimum of two
complete soils and site evaluations confirmed by the local agency's sewage
enforcement officer.
(2) To those
areas of the municipality outside of the areas delineated in an order of the
Department as requiring an update revision.
(3) To existing subdivisions or sections
thereof where the Department or delegated agency finds that either lots or
homes in the subdivision or sections thereof have been sold in good faith to a
purchaser for value prior to May 15, 1972, and not for the purpose of avoiding
the permit limitation provisions of this section. This paragraph does not
relieve the municipality of its planning responsibilities as specified in the
act.
(4) When the Department or the
local agency finds it necessary to issue permits for the abatement of pollution
or the correction of health hazards, or both.
(5) To interim repairs to or the replacement
of existing malfunctioning onlot sewage systems.
Notes
The provisions of this § 72.23 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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