§ 72.33. Well isolation distance exemption.

 (a)  Any minimum distance requirement between a private well and a proposed absorption area specified in Chapter 73 (relating to standards for onlot sewage treatment facilities) is not applicable if the local agency finds that the installation of a proposed individual sewage system does not pose a threat of pollution to any well on the same lot within the distance specified by regulation. The minimum distance between a proposed individual sewage system on the applicant’s lot and any wells on any other lot, regardless of the ownership of that lot, shall meet the minimum horizontal isolation distances in §  73.13 (relating to minimal horizontal isolation distances) except as provided in §  73.3(b) (relating to policy).

 (b)  If a repair to a malfunctioning onlot system is being considered under §  73.3(b), the requirements of this section may be waived at the sole discretion of the local agency.

 (c)  The applicant shall submit a formal written request for a well isolation distance exemption to the local agency. The request shall include:

   (1)  Appropriate groundwater studies.

   (2)  Payment of fees or costs incurred by the local agency to review the groundwater study.

 (d)  Upon receipt of the items required in subsection (c), a local agency, other than a delegated agency, shall act upon an application for an exemption under this section within 45 days after receipt of a request for an exemption. A delegated agency shall act on any application for an exemption under this section within 30 days after receipt of a request for exemption.

 (e)  The local agency, municipality, sewage enforcement officer and Department will incur no liability as a result of the local agency granting an exemption under this section.

Authority

   The provisions of this §  72.33 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 §  72.33 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

Cross References

   This section cited in 25 Pa. Code §  72.32 (relating to sales contracts); 25 Pa. Code §  73.3 (relating to policy); and 25 Pa. Code §  73.13 (relating to minimum horizontal isolation distances).



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