25 Pa. Code § 72.25 - Issuance of permits
(a) A permit
shall be issued when the local agency has determined that the application is
complete and meets the requirements of the act and this part.
(b) The local agency shall issue or deny a
permit for a conventional system in writing within 7 days after receiving a
complete initial application.
(c) If
the local agency determines that an initial application is incomplete or that
it is unable to verify the information contained in an application, the local
agency shall notify the applicant in writing within 7 days of receipt of the
application. The notice shall include the reasons why the application is not
acceptable. When the required information is received, the local agency shall
act upon the application within 15 days.
(d) A person desiring to install an
experimental onlot sewage system shall submit complete preliminary design plans
and specifications to the sewage enforcement officer and the Department for
review and comment at least 60 days prior to submitting an application for a
permit. The Department will determine if classification as an experimental
system is appropriate for the submission and provide review comments within 60
days to the sewage enforcement officer.
(e) Applications for alternate system permits
submitted to municipalities or local agencies which are not delegated agencies,
shall be reviewed for completeness, and, if found to be incomplete, the nature
of the deficiency shall be communicated by the municipality or local agency to
the applicant in writing within 15 days of receipt of the application.
(1) Applications for alternate system permits
found to be complete shall be submitted to the Department within 5 days of the
determination of completeness by the local agency or authorized representative
for the Department's determination whether the classification as alternate is
appropriate for the submission and the Department's review of
comments.
(2) Permits for alternate
systems shall be issued or denied by the local agency within 45 days of
transmittal of a complete application to the Department. The local agency shall
consider the written comments submitted by the Department regarding the
application.
(3) In municipalities
or local agencies which are delegated agencies or which employ or contract with
sewage enforcement officers authorized to review alternate sewage systems under
§
72.43(1)
(relating to powers and duties of the Department), permit applications for
alternate systems shall be reviewed for completeness, and, if found to be
incomplete, the nature of the deficiency shall be communicated to the applicant
in writing within 15 days of receipt of the application. Permits for alternate
systems shall be issued or denied by the local agency within 30 days of receipt
of a complete application.
(f) Failure of a local agency to act on an
application does not constitute permit approval. If the local agency does not
act upon an application within 7 days of receipt, or within 15 days of receipt
of supplemental information under subsection (c), the applicant may request a
hearing before the local agency.
(g)
A local agency may not issue individual or community onlot sewage system
permits for the following systems; permits for these systems are issued by the
Department:
(1) A large volume onlot sewage
system.
(2) Subsurface disposal or
other method of disposal of a substance defined as industrial waste under the
Clean Streams Law.
(3) A method of
sewage disposal other than renovation of sewage in a subsurface absorption
area, an individual residential spray irrigation system or temporary storage in
a retaining tank.
(h)
Prior to the issuance of a permit for an individual residential spray
irrigation system, the local agency shall require documentation that the
municipality in which the system is to be located, has taken action to assure
compliance of the system with §
73.167 (relating to operation and
maintenance of individual residential spray irrigation systems) for the life of
the system. The assurance shall be established through one or a combination of
the following options which have been established or approved in writing by the
municipality:
(1) A maintenance agreement
between the property owner and an individual, firm or corporation experienced
in the operation and maintenance of sewage treatment systems.
(2) 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.
(3) A
municipal ordinance which requires individual residential spray irrigation
systems 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.
(4) Municipal ownership of the
system.
(5) 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.
(6) A properly
chartered association, trust or other private legal entity which is structured
to manage the system.
(7) Bonding,
escrow or other security established prior to the issuance of a permit for an
individual residential spray irrigation system and forfeited to the
municipality upon notice of continuing noncompliance of the system with the
operation and maintenance standards in §
73.167 and monitoring standards in
§
72.42(a)(24)
(relating to powers and duties of local agencies). 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 shall
provide for a refund of a portion of the original bond so that only 10% of the
cost of equipment and installation is retained by the bondholder. The remaining
bond totalling 10% of the cost of equipment and installation shall be
maintained for the life of the system.
(i) When a local agency has issued a permit
under this section and the Department disagrees with the basis for the issuance
of the permit, the Department will not require the revocation of that permit
unless the Department has provided to the local agency justification for its
decision based on the specific provisions of statute or
regulation.
Notes
The provisions of this § 72.25 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).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.