THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SOLOBAY AND FERLO, AUGUST 30, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, AUGUST 30, 2011  

AN ACT

Amending the act of January 24, 1966 (1965 P.L.1535, No.537),

entitled, as amended, "An act providing for the planning and

regulation of community sewage systems and individual sewage

systems; requiring municipalities to submit plans for systems

in their jurisdiction; authorizing grants; requiring permits

for persons installing such systems; requiring disclosure

statements in certain land sale contracts; authorizing the

Department of Environmental Resources to adopt and administer

rules, regulations, standards and procedures; creating an

advisory committee; providing remedies and prescribing

penalties," further providing for permits; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of January 24, 1966 (1965

P.L.1535, No.537), known as the Pennsylvania Sewage Facilities

Act, amended December 2, 1976 (P.L.1264, No.280), is amended to

read:

AN ACT

Providing for the planning and regulation of community sewage

systems and individual sewage systems; requiring

municipalities to submit plans for systems in their

jurisdiction; authorizing grants; requiring permits for

persons installing such systems; requiring disclosure

statements in certain land sale contracts; authorizing the

Department of Environmental [Resources] Protection to adopt

and administer rules, regulations, standards and procedures;

creating an advisory committee; providing remedies and

prescribing penalties.

Section 2.  The definitions of "delegated agency,"

"department," "official plan," "official plan revision" and

"secretary" in section 2 of the act, amended December 14, 1994

(P.L.1250, No.149), are amended to read:

Section 2.  Definitions.--As used in this act:

* * *

"Delegated agency" means a municipality, local agency,

multimunicipal local agency or county or joint county department

of health to which the Department of Environmental [Resources]

Protection has delegated the authority to review and approve

subdivisions for new land developments as supplements to the

official plan of a municipality in which the subdivision is

located.

"Department" means the Department of Environmental

[Resources] Protection of the Commonwealth [of Pennsylvania].

* * *

"Official plan" means a comprehensive plan for the provision

of adequate sewage systems adopted by a municipality or

municipalities possessing authority or jurisdiction over the

provision of such systems and submitted to and approved by the

[State] Department of Environmental [Resources] Protection as

provided herein.

"Official plan revision" means a change in the municipality's

official plan to provide for additional or newly identified or

future sewage facilities needs, which may include, but not be

limited to, any of the following:

(1)  Update revision.--A comprehensive revision to an

existing official plan required when the Department of

Environmental [Resources] Protection or municipality determines

an official plan or any of its parts is inadequate for the

existing or future sewage facilities needs of a municipality or

its residents or landowners.

(2)  Revision for new land development.--A revision to a

municipality's official plan resulting from a proposed

subdivision.

(3)  Special study.--A study, survey, investigation, inquiry,

research report or analysis which is directly related to an

update revision. Such study shall provide documentation or other

support necessary to solve specific problems identified in the

update revision.

(4)  Supplement.--A sewage facilities planning module for a

subdivision for new land development which will not be served by

sewage facilities requiring a new or modified permit from the

Department of Environmental [Resources] Protection under the act

of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams

Law," and which is reviewed and approved by a delegated agency

under section 7(b)(4.3)(iv) of this act.

(5)  Exception to the requirement to revise.--A process

established by regulation promulgated under this act which

provides the criteria under which a revision for new land

development is not required.

* * *

"Secretary" means the Secretary of Environmental [Resources]

Protection of the Commonwealth [of Pennsylvania].

* * *

Section 3.  Section 4(a) of the act, amended July 1, 1989

(P.L.124, No.26), is amended to read:

Section 4.  Advisory Committee.--(a)  An advisory committee

shall be appointed within three months of the passage of this

act and biennially thereafter, membership of which shall be

composed of one representative from the following organizations,

the name of said representative to be submitted to the secretary

within ten days of receipt of request for same: Pennsylvania

State Association of Township Supervisors, Pennsylvania State

Association of Boroughs, Pennsylvania League of Cities,

Pennsylvania State Association of Township Commissioners,

Pennsylvania State Association of County Commissioners,

Pennsylvania Association of Plumbing, Heating, Cooling,

Contractors, Inc., Pennsylvania Society of Professional

Engineers, Mortgage Bankers' Association, Pennsylvania Builders

Association, Pennsylvania Association of Realtors, Pennsylvania

Landowners Association, Pennsylvania Society of Architects,

County Health Departments, Pennsylvania State University,

Pennsylvania Municipal Authorities Association, Pennsylvania

Section of the American Water Works Association, Water Pollution

Association of Pennsylvania, American Society of Civil

Engineers, Pennsylvania Environmental Health Association,

Farmers Home Administration, Consulting Engineers Council of

Pennsylvania, National Association of Water Companies,

Pennsylvania Vacation Land Developers Association, United States

Department of Housing and Urban Development, [Pennsylvania

Department of Commerce, Pennsylvania Department of Community

Affairs] Department of Community and Economic Development,

Office of State Planning and Development, Pennsylvania Bar

Association, and such other organizations having a direct

interest in the area of water and sewage as the secretary deems

necessary.

* * *

Section 4.  Sections 7(a) and 10 heading of the act, amended

December 14, 1994 (P.L.1250, No.149), are amended to read:

Section 7.  Permits.--(a)  (1)  (i)  No person shall install,

construct, or award a contract for construction, or alter,

repair or connect to an individual sewage system or community

sewage system or construct, or request bid proposals for

construction, or install or occupy any building or structure for

which an individual sewage system or community sewage system is

to be installed without first obtaining a permit indicating that

the site and the plans and specifications of such system are in

compliance with the provisions of this act and the standards

adopted pursuant to this act. 

(ii)  A permit shall not be required by a person where a new

dwelling is proposed to replace a previously existing dwelling

where the size and anticipated use of the new dwelling is the

same as the previously existing dwelling and the previously

existing dwelling was in use within one year of the anticipated

date of the completion of construction. This exception shall not

apply when an active investigation of malfunction is under way

by the local agency or the department.

(iii)  No permit may be issued by the local agency in those

cases where a permit from the department is required pursuant to

the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean

Streams Law," as amended, or where the department pursuant to

its rules and regulations, determines that such permit is not

necessary for the protection of the public health.

(iv)  Except where a local agency or municipality requires a

permit by ordinance, no permit or plan revision shall be

required for the installation of an individual on-lot sewage

system for a residential structure occupied or intended to be

occupied by the property owner or a member of his immediate

family on a contiguous tract of land ten acres or more if the

owner of the property was the owner of record as of January 10,

1987.

(v)  No ordinance of a local agency or municipality shall

require a permit or plan revision for the installation of an

individual on-lot sewage system for a residential structure

occupied or intended to be occupied by the property owner or a

member of his immediate family on a contiguous tract of land one

hundred acres or more.

(2)  (i)  The installation of such a permit-exempt system

shall not be required to be approved by or meet the standards of

the department or local agency pursuant to their rules and

regulations for the siting, design or installation of on-lot

sewage systems, except for the siting requirements of subsection

(a.1), unless a permit is required by a regulation or ordinance

of a local agency or municipality or the person qualifying for

the permit exemption chooses to not use the permit exemption.

(ii)  A permit exemption may also be granted where a ten-acre

parcel or lot is subdivided from a parent tract after January

10, 1987, or where there is a one-hundred acre or more parcel.

(iii)  When one permit exemption has been granted for a lot,

tract or parcel under this section, any lot, tract or parcel

remaining after subdivision of the lot or parcel which received

the permit exemption or any lots or parcels subdivided therefrom

in the future shall not be eligible for a ten-acre permit

exemption and must meet the planning, permitting, siting and

construction standards of the department for on-lot sewage

systems.

(iv)  Persons otherwise qualified for a permit exemption who

do not choose to use the permit exemption remain exempt from the

planning requirements of this act.

(3)  For the purposes of this section, the term "immediate

family" shall mean brother, sister, son, daughter, stepson,

stepdaughter, grandson, granddaughter, father or mother of the

property owner.

* * *

Section 10.  Powers and Duties of the Department of

Environmental [Resources] Protection.--The department shall have

the power and its duty shall be:

* * *

Section 5.  This act shall take effect in 60 days.