25 Pa. Code § 72.43 - Powers and duties of the Department
(a) The Department is empowered to review the
performance of local agencies and their sewage enforcement officers in the
administration of sections 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 and 16 of the
act (35 P.S. §
750.7,
750.8,
750.12,
750.13,
730.13a,
750.13b(b) and
750.14-750.16).
(b) The Department
and its authorized representatives may enter upon lands, make inspections and
require the submission of papers, books and records by the local agency , or its
sewage enforcement officer .
(c) If
the Department finds that a local agency has failed to effectively administer
section 7, 8, 12, 13, 13.1, 13.2(b), 14, 15 or 16 of the act or this part, the
Department , in addition to other remedies it may seek at law or in equity, may
order the local agency to take actions the Department deems necessary to obtain
effective administration. These actions may include, but are not limited to:
(1) Negotiation with other local agencies for
cooperation in areawide administration.
(2) Modification of administrative, testing
or reporting procedures.
(3)
Retention of expert consultants.
(4) Employment of additional
personnel.
(5) Satisfactory
participation by the local agency 's sewage enforcement officer in special
training programs designed to strengthen a specific weakness in the
administration of the act and this part.
(6) Coordination of permit issuance for
sewage systems with building permit issuance or with subdivision approval under
local ordinances that the local agency may be administering at the time of the
order.
(d) The Department
has the duty to establish a training program for sewage enforcement officers.
The Department will require timely and satisfactory completion by sewage
enforcement officers of training courses sponsored by the Department .
Satisfactory completion means attendance at all sessions of training and
attainment of a minimum grade of 70% on tests given as part of the training
course.
(e) The Department is
empowered to revoke or suspend the certification of sewage enforcement officers
for cause, or to reinstate the certification under this part. The actions of
the Department will become final only after provision of notice and an
opportunity for hearing before the Certification Board , under §
72.58 (relating to Certification
Board hearings and procedures).
(f)
The Department will suspend a sewage enforcement officer 's certification if the
Department determines that the sewage enforcement officer has done one of the
following:
(1) Demonstrated incompetence to
act as a sewage enforcement officer as evidenced by errors in planning,
administration or permit issuance duties which evidence a failure or inability
to understand and apply the requirements of the act and this part.
(2) Failed to complete satisfactorily a
sewage enforcement officer 's training course required by the Department under
subsection (k).
(3) Demonstrated
negligence or provided false information related to the administration of the
act or this part or committed violations of this part which are not related to
the issuance of a permit.
(g) The Department may reinstate the
certification of a person within 2 years from the date of suspension or after 2
years following the effective date of a revocation. Prior to reinstatement, the
Department will require, as a minimum, that the person take and pass the
appropriate certification examination administered by the Certification Board .
The Department may require satisfactory completion of a special training
program designed to strengthen a specific weakness in the sewage enforcement
officer 's administration of the act or this part. The program may entail the
use of testing procedures including, but not limited to:
(1) Field evaluation of technical
performance.
(2) Written or oral
examination of standards and procedures.
(h) The Department will revoke the
certification of a sewage enforcement officer whenever the Department
determines that the sewage enforcement officer has done one of the following:
(1) Demonstrated a willful disregard of, or
willfully or repeatedly issued permits in violation of the act or this
part.
(2) Failed repeatedly to
attend mandated sewage enforcement officer 's training required by the
Department under subsection (k).
(3) Failed to comply with the applicable
terms of a Departmental order for effective administration of sections 7, 8,
12, 13, 13.1, 13.2(b), 14, 15 and 16 of the act .
(4) Issued a permit at a time when his
certification was suspended.
(5)
Willfully issued a permit outside of the geographic boundaries of authority
specified by the local agency .
(6)
Issued a permit which he believed to be in violation of the act or this part
before being directed to do so by the local agency under a hearing.
(7) Failed to advise the local agency of a
violation of the act , this part or the responsibility of the local agency to
restrain the violation.
(8) Failed
to take the necessary action to restrain a violation of the act or this
part.
(9) Knowingly and willfully
submitted false information to the Department or to the local agency in a
report or form required by the act , this part or by order of the Department or
the local agency .
(10) Committed an
act requiring suspension under subsection (f) and had his certification
suspended previously.
(11) Issued a
permit in violation of §
72.41 (relating to powers and
duties of sewage enforcement officers).
(12) Had his certification suspended for more
than 2 years.
(13) Demonstrated
negligence or knowingly provided false information related to the
administration of the act or this part or knowingly committed violations of the
act or this part which are not related to the issuance of a
permit.
(i) The
Department will consider complaints filed by local agencies or the public
relating to the performance of local sewage enforcement officers as part of the
Department 's evaluation of the local agency and sewage enforcement
officer .
(j) The Department may
establish minimum training requirements using a Department curriculum of
training as a prerequisite for applicants for certification as sewage
enforcement officers. The curriculum may include a period of training under
another certified sewage enforcement officer selected by the Department as a
prerequisite to certification for candidates who pass the certification
test.
(k) The Department may
require a certified sewage enforcement officer whose performance has been
evaluated and found deficient to complete a training course which may include a
curriculum of training or a period of training under the direction of another
certified sewage enforcement officer selected by the Department for a time
period established by the Department .
(1) The
Department may require this training as an alternative to suspension or as a
requirement for reinstatement of a suspended certification.
(2) The local agency employing the training
sewage enforcement officer shall authorize that officer to provide the training
services within the jurisdiction of that local agency .
(3) The costs of Department -required training
incurred by the training sewage enforcement officer and the local agency
employing the training sewage enforcement officer shall be paid by the
Department from funds made available under section 13.2 of the act
(35 P. S. §
750.13b).
(l) The Department may delegate the review of
certain alternate sewage systems as designated by the Department to sewage
enforcement officers, within the area of their jurisdiction, qualified by the
Department to review the systems.
(m) The Department has the duty to require
local agencies to take necessary action to provide timely service, including,
but not limited to, utilizing the services of an alternate sewage enforcement
officer , employing temporary sewage enforcement officers and entering into
contracts for service.
Notes
The provisions of this § 72.43 amended under section 9 of
the Pennsylvania
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.