1Amending the act of January 24, 1966 (1965 P.L.1535, No.537),
2entitled, as amended, "An act providing for the planning and
3regulation of community sewage systems and individual sewage
4systems; requiring municipalities to submit plans for systems
5in their jurisdiction; authorizing grants; requiring permits
6for persons installing such systems; requiring disclosure
7statements in certain land sale contracts; authorizing the
8Department of Environmental Resources to adopt and administer
9rules, regulations, standards and procedures; creating an
10advisory committee; providing remedies and prescribing
11penalties," further providing for permits; and making
12editorial changes.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The title of the act of January 24, 1966 (1965
16P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
17Act, amended December 2, 1976 (P.L.1264, No.280), is amended to
18read:

19AN ACT

20Providing for the planning and regulation of community sewage
21systems and individual sewage systems; requiring
22municipalities to submit plans for systems in their
23jurisdiction; authorizing grants; requiring permits for

1persons installing such systems; requiring disclosure
2statements in certain land sale contracts; authorizing the
3Department of Environmental [Resources] Protection to adopt
4and administer rules, regulations, standards and procedures;
5creating an advisory committee; providing remedies and
6prescribing penalties.

7Section 2. The definitions of "delegated agency,"
8"department," "official plan," "official plan revision" and
9"secretary" in section 2 of the act, amended December 14, 1994
10(P.L.1250, No.149), are amended to read:

11Section 2. Definitions.--As used in this act:

12* * *

13"Delegated agency" means a municipality, local agency,
14multimunicipal local agency or county or joint county department
15of health to which the Department of Environmental [Resources]
16Protection has delegated the authority to review and approve
17subdivisions for new land developments as supplements to the
18official plan of a municipality in which the subdivision is
19located.

20"Department" means the Department of Environmental
21[Resources] Protection of the Commonwealth [of Pennsylvania].

22* * *

23"Official plan" means a comprehensive plan for the provision
24of adequate sewage systems adopted by a municipality or
25municipalities possessing authority or jurisdiction over the
26provision of such systems and submitted to and approved by the
27[State] Department of Environmental [Resources] Protection as
28provided herein.

29"Official plan revision" means a change in the municipality's
30official plan to provide for additional or newly identified or

1future sewage facilities needs, which may include, but not be
2limited to, any of the following:

3(1) Update revision.--A comprehensive revision to an
4existing official plan required when the Department of
5Environmental [Resources] Protection or municipality determines
6an official plan or any of its parts is inadequate for the
7existing or future sewage facilities needs of a municipality or
8its residents or landowners.

9(2) Revision for new land development.--A revision to a
10municipality's official plan resulting from a proposed
11subdivision.

12(3) Special study.--A study, survey, investigation, inquiry,
13research report or analysis which is directly related to an
14update revision. Such study shall provide documentation or other
15support necessary to solve specific problems identified in the
16update revision.

17(4) Supplement.--A sewage facilities planning module for a 
18subdivision for new land development which will not be served by 
19sewage facilities requiring a new or modified permit from the 
20Department of Environmental [Resources] Protection under the act 
21of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams 
22Law," and which is reviewed and approved by a delegated agency 
23under section 7(b)(4.3)(iv) of this act.

24(5) Exception to the requirement to revise.--A process
25established by regulation promulgated under this act which
26provides the criteria under which a revision for new land
27development is not required.

28* * *

29"Secretary" means the Secretary of Environmental [Resources]
30Protection of the Commonwealth [of Pennsylvania].

1* * *

2Section 3. Section 4(a) of the act, amended July 1, 1989
3(P.L.124, No.26), is amended to read:

4Section 4. Advisory Committee.--(a) An advisory committee
5shall be appointed within three months of the passage of this
6act and biennially thereafter, membership of which shall be
7composed of one representative from the following organizations,
8the name of said representative to be submitted to the secretary
9within ten days of receipt of request for same: Pennsylvania
10State Association of Township Supervisors, Pennsylvania State
11Association of Boroughs, Pennsylvania League of Cities,
12Pennsylvania State Association of Township Commissioners,
13Pennsylvania State Association of County Commissioners,
14Pennsylvania Association of Plumbing, Heating, Cooling,
15Contractors, Inc., Pennsylvania Society of Professional
16Engineers, Mortgage Bankers' Association, Pennsylvania Builders
17Association, Pennsylvania Association of Realtors, Pennsylvania
18Landowners Association, Pennsylvania Society of Architects,
19County Health Departments, Pennsylvania State University,
20Pennsylvania Municipal Authorities Association, Pennsylvania
21Section of the American Water Works Association, Water Pollution
22Association of Pennsylvania, American Society of Civil
23Engineers, Pennsylvania Environmental Health Association,
24Farmers Home Administration, Consulting Engineers Council of
25Pennsylvania, National Association of Water Companies,
26Pennsylvania Vacation Land Developers Association, United States
27Department of Housing and Urban Development, [Pennsylvania
28Department of Commerce, Pennsylvania Department of Community
29Affairs] Department of Community and Economic Development,
30Office of State Planning and Development, Pennsylvania Bar

1Association, and such other organizations having a direct
2interest in the area of water and sewage as the secretary deems
3necessary.

4* * *

5Section 4. Sections 7(a) and 10 heading of the act, amended
6December 14, 1994 (P.L.1250, No.149), are amended to read:

7Section 7. Permits.--(a) (1) (i) No person shall install,
8construct, or award a contract for construction, or alter,
9repair or connect to an individual sewage system or community
10sewage system or construct, or request bid proposals for
11construction, or install or occupy any building or structure for
12which an individual sewage system or community sewage system is
13to be installed without first obtaining a permit indicating that
14the site and the plans and specifications of such system are in
15compliance with the provisions of this act and the standards
16adopted pursuant to this act.

17(ii) A permit shall not be required by a person where a new
18dwelling is proposed to replace a previously existing dwelling
19where the size and anticipated use of the new dwelling is the
20same as the previously existing dwelling and the previously
21existing dwelling was in use within one year of the anticipated
22date of the completion of construction. This exception shall not
23apply when an active investigation of malfunction is under way
24by the local agency or the department.

25(iii) No permit may be issued by the local agency in those 
26cases where a permit from the department is required pursuant to 
27the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean 
28Streams Law," as amended, or where the department pursuant to 
29its rules and regulations, determines that such permit is not 
30necessary for the protection of the public health.

1(iv) Except where a local agency or municipality requires a
2permit by ordinance, no permit or plan revision shall be
3required for the installation of an individual on-lot sewage
4system for a residential structure occupied or intended to be
5occupied by the property owner or a member of his immediate
6family on a contiguous tract of land ten acres or more if the
7owner of the property was the owner of record as of January 10,
81987.

9(v) No ordinance of a local agency or municipality may
10require a permit or plan revision for the installation of an
11individual on-lot sewage system for a residential structure
12occupied or intended to be occupied by the property owner or a
13member of the property owner's immediate family on a contiguous
14tract of land one hundred acres or more.

15(2) (i) The installation of such a permit-exempt system
16shall not be required to be approved by or meet the standards of
17the department or local agency pursuant to their rules and
18regulations for the siting, design or installation of on-lot
19sewage systems, except for the siting requirements of subsection
20(a.1), unless a permit is required by a regulation or ordinance
21of a local agency or municipality or the person qualifying for
22the permit exemption chooses to not use the permit exemption.

23(ii) A permit exemption may also be granted where a ten-acre
24parcel or lot is subdivided from a parent tract after January
2510, 1987, or where there is a one-hundred acre or more parcel.

26(iii) When one permit exemption has been granted for a lot,
27tract or parcel under this section, any lot, tract or parcel
28remaining after subdivision of the lot or parcel which received
29the permit exemption or any lots or parcels subdivided therefrom
30in the future shall not be eligible for a ten-acre permit

1exemption and must meet the planning, permitting, siting and
2construction standards of the department for on-lot sewage
3systems.

4(iv) Persons otherwise qualified for a permit exemption who
5do not choose to use the permit exemption remain exempt from the
6planning requirements of this act.

7(3) For the purposes of this section, the term "immediate
8family" shall mean brother, sister, son, daughter, stepson,
9stepdaughter, grandson, granddaughter, father or mother of the
10property owner.

11* * *

12Section 10. Powers and Duties of the Department of
13Environmental [Resources] Protection.--The department shall have
14the power and its duty shall be:

15* * *

16Section 5. This act shall take effect in 60 days.