Subchapter E. SEWAGE MANAGEMENT PROGRAMS


Sec.


71.71.    General requirements.
71.72.    Sewage management programs for Department permitted sewage facilities and community onlot sewage systems.
71.73.    Sewage management programs for sewage facilities permitted by local
agencies.

71.74.    Department responsibilities to require sewage management programs.
71.75.    Private request to require a sewage management program.
71.76.    [Reserved].

Cross References

   This subchapter cited in 25 Pa. Code §  71.3 (relating to purposes); 25 Pa. Code §  71.11 (relating to general requirement); 25 Pa. Code §  71.21 (relating to content of official plans); 25 Pa. Code §  71.52 (relating to content requirements—new land development revisions); 25 Pa. Code §  71.65 (relating to individual and community sewage systems); 25 Pa. Code §  72.1 (relating to definitions); and 25 Pa. Code §  72.44 (relating to reimbursement).

§ 71.71. General requirements.

 Municipalities are required to assure the proper operation and maintenance of sewage facilities within their borders. Proper operation and maintenance of sewage facilities is essential to the provision of adequate sewage treatment and disposal over the functional life of a sewage treatment system. Municipalities shall, therefore, address long-term operation and maintenance in official plans and revisions to official plans. Subchapters B and C (relating to official plan requirements; and new land development plan revisions) and this subchapter provide the planning requirements to identify, evaluate and implement the operation and maintenance needs of existing and proposed sewage facilities within a municipality. The establishment of a sewage management program as part of an official plan or revision to an official plan provides a method of assuring proper operation and maintenance of sewage facilities. The evaluation and implementation of operation and maintenance needs through a sewage management program shall be consistent with the provisions of this subchapter.

Source

   The provisions of this §  71.71 adopted August 13, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; amended September 28, 1973, effective October 15, 1973, 3 Pa.B. 2176; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended February 28, 1975, effective March 17, 1975, 5 Pa.B. 374; amended September 24, 1976, effective October 11, 1976, 6 Pa.B. 2392; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial page (125969).

§ 71.72. Sewage management programs for Department permitted sewage facilities and community onlot sewage systems.

 (a)  When an official plan or revision to an official plan for existing needs areas or new land development proposes the construction of Department permitted nonmunicipal sewage facilities, or a community onlot sewage system permitted by a local agency (except for small flow treatment facilities which shall comply with the management provisions of §  71.64(c)(5)) (relating to small flow treatment facilities)) the official plan or revision shall evaluate the options available to assure the long-term proper operation and maintenance of the proposed sewage facilities. The municipality, prior to adoption of that official plan or revision, shall require one or more of the following:

   (1)  A bond or escrow account sufficient to cover the costs of future operation and maintenance of the sewage facilities under local ordinances. Bonding, escrow or other security shall be forfeited to the municipality upon notice by the Department of continuing noncompliance of the system with the operation and maintenance standards established through a condition in the permit issued by the Department or local agency. 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 or until the system is in compliance and being properly operated and maintained. 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 the equipment and installation is retained by the bondholder. The remaining bond totaling 10% of the cost of the equipment and installation shall be maintained for the life of the system.

   (2)  A maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.

   (3)  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.

   (4)  A municipal ordinance which requires the system 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.

   (5)  Establishment of a properly chartered association, trust or other private legal entity to assure long-term administration of an operation and maintenance program.

   (6)  Municipal ownership of the sewage facilities upon completion.

   (7)  Establishment of, or inclusion of, the sewage facilities under a management agency through existing municipal codes, including but not limited to, municipal authorities, sanitary boards and boards of health.

   (8)  Establishment of, or inclusion of, the sewage facilities under a management agency through the adoption of local ordinances under municipal codes.

   (9)  One or a combination of the requirements in paragraphs (1)—(8) or other actions permitted by and consistent with the act and The Clean Streams Law found necessary by the municipality to insure proper installation, maintenance and operation of the proposed sewage facilities.

Authority

   The provisions of this §  71.72 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).

Source

   The provisions of this §  71.72 adopted August 13, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; amended February 28, 1975, effective March 17, 1975, 5 Pa.B. 374; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1402; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206595) to (206596).

§ 71.73. Sewage management programs for sewage facilities permitted by local agencies.

 (a)  When sewage facilities are permitted by local agencies, the municipality is responsible for taking actions necessary to assure continued compliance of these sewage facilities with the act, The Clean Streams Law and regulations promulgated thereunder.

 (b)  When an official plan or official plan revision shows, or the Department determines, that existing sewage facilities permitted by the local agency need periodic inspection, operation or maintenance to provide long-term proper operation, or are not properly functioning because of inadequate operation and maintenance, the municipality shall revise its official plan to establish a sewage management program for these types of facilities. The update revision shall include the following as a minimum:

   (1)  Identification of the specific legal authority to be used by municipal officials and their designated employes to enter lands and make inspections of onlot sewage facilities. The policy concerning a schedule of inspections and methods of notification of landowners of this policy shall be included.

   (2)  Standards consistent with section 8(b)(9) of the act (35 P. S. §  750.8(b)(9)) for operation, maintenance, repair or replacement of sewage facilities which include:

     (i)   Removal of septage or other solids from treatment tanks once every 3 years or whenever an inspection program reveals that the treatment tanks are filled with solids in excess of 1/3 of the liquid depth of the tank or with scum in excess of 1/3 of the liquid depth of the tank.

     (ii)   Maintenance of surface contouring and other measures, consistent with Chapter 73 (relating to standards for onlot sewage treatment facilities) to divert stormwater away from the treatment facilities and absorption areas and protection of the absorption areas from physical damage.

     (iii)   Requirements for the use of water conservation devices to reduce hydraulic loading to the sewage system.

     (iv)   Requirements for the operation and maintenance of electrical, mechanical and chemical components of the sewage facilities; collection and conveyance piping, pressure lines and manholes; alarm and flow recorder devices; pumps; disinfection equipment and related safety items.

     (v)   Requirements for septage pumpers/haulers which are consistent with the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003).

     (vi)   Requirements for holding tank maintenance.

   (3)  A discussion of the specific requirements of the sewage management program and administrative or legal functions needed to carry out the program.

   (4)  Establishment of a fee schedule for the cost of municipal services related to implementing the provision of the sewage management program.

   (5)  Identification of the authority to be used to enforce the requirements of the sewage management program or restrain violations of the program.

   (6)  Identification of penalty provisions for violations of the program requirements.

   (7)  Draft ordinances, regulations or policies which relate to the sewage management program.

   (8)  Other requirements consistent with the act and The Clean Streams Law.

 (c)  When the official plan update identifies a local agency as the entity responsible for administering a municipal sewage management program and when the local agency identified in the official plan update agrees to administer the program, the local agency is eligible for reimbursement of eligible costs for administrative and personnel expenditures to implement sewage management programs under §  72.44 (relating to reimbursement).

 (d)  When the official plan identifies the municipality as the entity responsible for administering a municipal sewage management program and when that municipality’s onlot system permitting program is administered by a multimunicipal local agency or a county or joint county department of health, the municipality is eligible for reimbursement of eligible costs for the administrative and personnel expenditures to implement a sewage management program. Application for eligible costs shall be submitted by the municipality in accordance with the provisions of §  72.44.

Authority

   The provisions of this §  71.73 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).

Source

   The provisions of this §  71.73 adopted August 2, 1971, effective August 3, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; amended February 28, 1975, effective March 17, 1975, 5 Pa.B. 374; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206596) to (206597).

Cross References

   This section cited in 25 Pa. Code §  71.64 (relating to small flow treatment facilities); and 25 Pa. Code §  72.25 (relating to issuance of permits).

§ 71.74. Department responsibilities to require sewage management
programs.

 (a)  The Department will require municipalities to revise their official plan to evaluate the feasibility of establishing a sewage management program or the inclusion of sewage facilities in an existing sewage management program whenever the Department determines that one of the following exists:

   (1)  Existing sewage facilities within the municipality are not being properly operated and maintained under this part.

   (2)  A revision for new land development is submitted which does not adequately address the administrative, technical or legal functions needed to carry out operation and maintenance of the proposed facilities.

   (3)  The official plan or revision shows that existing or new sewage facilities need periodic inspection, operation or maintenance to provide long-term proper operation.

 (b)  The Department may provide technical and administrative guidance to local municipalities to assist them in the development of sewage management programs for existing needs areas and new land development proposals.

Source

   The provisions of this §  71.74 adopted August 2, 1971, effective August 3, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial page (125970).

§ 71.75. Private request to require a sewage management program.

 A person who is a resident or a legal or equitable property owner in a municipality may file a private request with the Department requesting that the Department order the municipality to revise its official sewage plan under §  71.14 (relating to private request to revise official plans) when the resident or property owner can show one of the following:

   (1)  That existing sewage facilities within the municipality are not being properly operated and maintained under this part.

   (2)  That a revision for new land development does not adequately address the administrative, technical or legal functions needed to carry out operation and maintenance of the proposed facilities.

Authority

   The provisions of this §  71.75 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).

Source

   The provisions of this §  71.75 adopted August 2, 1971, effective August 3, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (206598).

§ 71.76. [Reserved].


Source

   The provisions of this §  71.76 adopted August 2, 1971, effective August 3, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172. Immediately preceding text appears at serial page (78913).



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