Subchapter A. GENERAL


Sec.


72.1.    Definitions.
72.2.    Scope.
72.3.    Purposes.

Cross References

   This subchapter cited in 25 Pa. Code §  72.2 (relating to scope); and 25 Pa. Code §  72.3 (relating to purposes).

§ 72.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Pennsylvania Sewage Facilities Act (35 P. S. § §  750.1—750.20).

   Alternate sewage system—A method of demonstrated onlot sewage treatment and disposal not described in this part.

   Certification Board—The administrative board within the Department created by section 11 of the act (35 P. S. §  750.11).

   Clean Streams Law—The Clean Streams Law (35 P. S. § §  691.1—691.1001).

   Conventional sewage system—A system employing the use of demonstrated onlot sewage treatment and disposal technology in a manner specifically recognized by this part. The term does not include alternate sewage systems or experimental sewage systems.

   Days—Calendar days as specified in 1 Pa.C.S. §  1908 (relating to computation of time). If a period time is referred to in this chapter, the period shall be computed to exclude the first and include the last day of the period. If the last day of the period falls on a Saturday or Sunday, or a day made a legal holiday by the statutes of the Commonwealth or of the United States, the day shall be omitted from the computation.

   Delegated agency—A municipality, local agency, multimunicipal local agency or county or joint county department of health to which the Department 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.

   Experimental sewage system—A method of onlot sewage treatment and disposal not described in this title which is proposed for the purpose of testing and observation.

   Individual residential spray irrigation system—An individual sewage system which serves a single dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.

   Large volume on lot sewage system—An individual or community onlot sewage system with a design capacity to discharge subsurface sewage flows which are in excess of 10,000 gpd.

   Local agency—A municipality, or a combination of municipalities acting cooperatively or jointly under the statutes of the Commonwealth, county, county department of health or joint county department of health.

   Lot—A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple family dwelling or for commercial or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single family residential lots as determined by estimated sewage flows.

   Municipality—A city, town, township, borough or home rule municipality other than a county.

   Official plan—A comprehensive plan for the provision of adequate sewage systems adopted by a municipality possessing authority or jurisdiction over the provision of the systems and submitted to and approved by the Department as provided by the act and Chapter 71 (relating to the administration of the sewage facilities program).

   Official plan revision—A change in the municipality’s official plan to provide for additional, newly identified future or existing sewage facilities needs, which may include one or more of the following:

     (i)   Update revision—A comprehensive revision to an existing official plan required when the Department or municipality determines an official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.

     (ii)   Revision for new land development—A revision to a municipality’s official plan resulting from a proposed subdivision as defined in the act.

     (iii)   Special study—A study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.

     (iv)   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 under the Clean Streams Law, and which is reviewed and approved by a delegated agency.

     (v)   Exception to the requirement to revise—A process established in §  71.55 (relating to exceptions to the requirement to revise the official plan for new land development) which describes the criteria under which a revision for new land development is not required.

   Person—An individual, association, public or private corporation for-profit or not-for-profit, partnership, firm, trust, estate, department, board, bureau or agency of the United States or the Commonwealth, political subdivision, municipality, district, authority or other legal entity which is recognized by law as the subject of rights and duties. The term includes the members of an association, partnership or firm and the officers of a local agency or municipal, public or private corporation for profit or not-for-profit.

   Qualified registered professional engineer—A person registered to practice engineering in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems.

   Qualified registered professional geologist—A person registered to practice geology in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems.

   Qualified soil scientist—A person certified as a sewage enforcement officer and who has documented 2-years’ experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems (as defined in the Soil Science Society of America ‘‘Glossry of Soil Science’’) and either a bachelor of science degree in soils science from an accredited college or university or certification (certified professional soil scientist, certified professional soil classifier or certified professional soil specialist) by the American Registry of Certified Professionals in Agronomy, Crops and Soils (now known as ARCPACS: A Federation of Certifying Boards in Agriculture, Biology, Earth and Environmental Sciences).

   Reimburse—To pay back money actually spent.

   Relative—Spouses, children, parents, brothers, sisters, nieces, nephews, grandparents, uncles, aunts and first cousins whether related by blood or statute.

   Retaining tank—A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes, the following:

     (i)   Chemical toilet—A permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.

     (ii)   Holding tank—A tank, whether permanent or temporary, to which sewage is conveyed by a water carrying system.

     (iii)   Privy—A tank designed to receive sewage where water under pressure is not available.

     (iv)   Incinerating toilet—A device capable of reducing waste materials to ashes.

     (v)   Composting toilet—A device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.

     (vi)   Recycling toilet—A device in which the flushing medium is restored to a condition suitable for reuse in flushing.

   Sewage—A substance that contains waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation. The term includes any substance which constitutes pollution under the Clean Streams Law.

   Sewage enforcement officer—An official of the local agency who reviews permit applications and sewage facilities planning modules, issues permits as authorized by the act and conducts investigations and inspections that are necessary to implement the act and the regulations thereunder.

   Sewage facilities—A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. The term includes:

     (i)   Individual sewage system—A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance to another site for final disposal. The term includes:

       (A)   Individual onlot sewage system—An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.

       (B)   Individual sewerage system—A system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank.

     (ii)   Community sewage system—A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.

       (A)   Community onlot sewage system—A system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of domestic sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site.

       (B)   Community sewerage system—A publicly or privately owned community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area or retention in a retaining tank.

   Sewage management program—A program conforming to Chapter 71, Subchapter E (relating to sewage management programs), authorized by the official action of a municipality for the administration, management and regulation of the disposal of sewage.

   Soil horizon—A layer of soil approximately parallel to the soil surface, the chemical and physical characteristics of which are distinguishable by observation or other method of analysis from the chemical and physical characteristics in adjacent layers of soil.

   Soil profile—The collection of soil horizons, including the natural organic layers on the surface.

   Soil mottling (redoximorphic features)—A soil color pattern consisting of patches of different color or shades of color interspersed with the dominant soil color which results from prolonged saturation of the soil.

   Subdivision—The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.

   Waters of this Commonwealth—Rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.

   Working day—Calendar days as specified in 1 Pa.C.S. §  1908 (relating to computation of time) excluding Saturdays and Sundays, or a day made a legal holiday by the statutes of the Commonwealth or the United States. The period shall be calculated to exclude the first and include the last day of the period.

Authority

   The provisions of this §  72.1 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 §  72.1 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221877) to (221880).

§ 72.2. Scope.

 (a)  This chapter is adopted in accordance with the duties imposed upon the Department under the act and the Clean Streams Law and applies to local agencies and sewage enforcement officers administering the act and to persons installing individual or community onlot sewage systems.

 (b)  This chapter is separated into four subchapters. Subchapter A relates to general provisions. Subchapter B relates to the permitting requirements of the act (35 P. S. §  750.7). Subchapter C relates to the administration of permits for individual and community onlot sewage systems (35 P. S. §  750.8 and 750.10). Subchapter D relates to certification of sewage enforcement officers (35 P. S. § §  750.8 and 750.11).

 (c)  This chapter governs the issuance of permits for retaining tanks, or for individual and community onlot sewage systems which employ renovation of sewage effluent in a soil absorption area or spray field, except for large volume onlot sewage systems. The use of large volume onlot sewage systems creates a danger of pollution of the waters of this Commonwealth, regulation of large volume onlot sewage systems by the Department is necessary to avoid the pollution, and large volume onlot sewage systems require permits issued by the Department under sections 201, 202, 207 and 402 of the Clean Streams Law (35 P.S. § §  691.201, 691.202, 691.207 and 691.402). No local agency or sewage enforcement officer may issue a permit for an individual or community onlot sewage system which does one of the following:

   (1)  Discharges directly to the surface of the ground or to the surface waters of this Commonwealth except when the proposed sewage system is an individual residential spray irrigation system which conforms with the standards established under Chapter 73 (relating to standards for onlot sewage treatment facilities).

   (2)  Is a large volume onlot sewage system.

   (3)  Is proposing or designed for the disposal of substances defined as industrial wastes under the Clean Streams Law.

   (4)  Violates this chapter, Chapter 71 or 73, the act or the Clean Streams Law.

Authority

   The provisions of this §  72.2 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 §  72.2 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221880).

§ 72.3. Purposes.

 (a)  Subchapter A (relating to general) sets forth general information regarding the chapter including definitions, scope and purpose.

 (b)  Subchapter B (relating to permit requirements) establishes requirements for permitting the installation of individual and community onlot sewage systems to provide reliable sewage disposal facilities that will protect the public health and prevent pollution.

 (c)  Subchapter C (relating to administration of permitting requirements) regulates the administration of permitting functions by local agencies and sewage enforcement officers.

 (d)  Subchapter D (relating to certification of sewage enforcement officers) provides the requirements for certification of Sewage Enforcement Officers.



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