Section 750.5 - Official plans(a) Each municipality shall submit to the department an officially adopted plan for sewage services for areas within its jurisdiction within such reasonable period as the department may prescribe, and shall from time to time submit revisions of such plan as may be required by rules and regulations adopted hereunder or by order of the department: Provided, however, That a municipality may at any time initiate and submit to the department revisions of the said plan. Revisions shall conform to the requirements of subsection (d) of this section and the rules and regulations of the department.(a.1) The municipality shall review and act upon revisions for new land development and exceptions to the requirement to revise an official plan within sixty days of receipt of a complete application or such additional time as the applicant and municipality may agree to in writing. Failure of the municipality to act within the sixty-day period or any agreed-to time extension shall cause the revision for new land development or exception to the requirement to revise to be deemed approved by the municipality, and the complete application shall be submitted to the department by the municipality or applicant.(b) Any person who is a resident or 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 plan if the resident or property owner can show that the official plan is not being implemented or is inadequate to meet the resident's or property owner's sewage disposal needs. This request may be made only after a prior written demand upon and written refusal by the municipality to so implement or revise its official plan or failure of the municipality to reply in either the affirmative or negative within sixty days or failure of the municipality to implement its official plan within the time limits established in the plan's implementation schedule or failure to revise its official plan within the time limits established by regulation. The request to the department shall contain a description of the area of the municipality in question and a list of all reasons why the plan is believed to be inadequate. Such person shall give notice to the municipality of the request to the department.(b.1) Upon receipt of a private request for revision, the department shall notify the municipality and appropriate planning agencies within the municipality, including a planning agency with areawide jurisdiction, if one exists under the act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania Municipalities Planning Code," and the existing county or joint county department of health of receipt of the private request and inform them that written comments may be submitted to the department no later than forty-five days after the department's receipt of the private request for revision. In arriving at its decision, the department shall consider:(1) The reasons advanced by the requesting person.(2) The reasons for denial advanced by the municipality.(3) The comments of the planning agencies and county or joint county departments of health.(4) Whether the proposed sewage facilities and documentation supporting the proposed sewage facilities is consistent with the department's rules and regulations.(5) The municipality's official plan.(b.2) The department shall render a decision and inform the person requesting the revision and the appropriate municipality in writing within one hundred twenty days after either receipt of the comments permitted by this section or the expiration of the forty-five day comment period when no comments have been received or within an extended period if agreed to in writing by the person making the request. The department's decision shall specify the nature of the revision to the municipality's official plan that the municipality will be required to implement or the reasons for refusal. If the department orders a requested revision, the order shall specify time limits for plan completion, including interim deadlines and compliance schedules the department deems necessary. The department may not refuse to order a requested revision because of inconsistencies with any applicable zoning, subdivision or land development ordinances, but it may make its order subject to any limitations properly placed on the development of the property by the municipality under its zoning, subdivision or land development ordinances or court orders. If the department refuses to order a requested revision, it shall notify the person making the request in writing of the reasons for the refusal. In the event the department fails to act within the specified time limits and the applicant takes a mandamus action against the department, the court may award costs for counsel and court costs to the prevailing party.(c) The required plan or any revision thereof may be submitted jointly by two or more municipalities.(c.1) When proposing a new land development, the applicant may submit and the department shall accept, for the purpose of satisfying general site suitability requirements, any conventional sewage system or alternate sewage system that meets site conditions present at the proposed new land development.(c.2) [Repealed by 2020 Amendment.](d) Every official plan shall: (1) Delineate areas in which community sewage systems are now in existence, areas experiencing problems with sewage disposal including a description of said problems, areas where community sewage systems are planned to be available within a ten year period, areas where community sewage systems are not planned to be available within a ten year period and all subdivisions existing or approved.(2) Provide for the orderly extension of community interceptor sewers in a manner consistent with the comprehensive plans and needs of the whole area, provided that this section shall not be construed to limit the development of such community facilities at an accelerated rate different than that set forth in the official plan;(3) Provide for adequate sewage treatment facilities which will prevent the discharge of untreated or inadequately treated sewage or other waste into any waters or otherwise provide for the safe and sanitary treatment of sewage or other waste;(4) Take into consideration all aspects of planning, zoning, population estimates, engineering and economics so as to delineate with all practicable precision those portions of the area which community systems may reasonably be expected to serve within ten years, after ten years, and any areas in which the provision of such services is not reasonably foreseeable;(5) Take into consideration any existing State plan affecting the development, use and protection of water and other natural resources;(6) Establish procedures for delineating and acquiring, on a time schedule consistent with that established in clause (4) of this subsection, necessary rights-of-way or easements for community sewage systems;(7) Set forth a time schedule and proposed methods of financing the construction and operation of the planned community sewage systems, together with the estimated cost thereof;(8) Be reviewed by appropriate official planning agencies within a municipality, including a planning agency with areawide jurisdiction if one exists, in accordance with the "Pennsylvania Municipalities Planning Code," as amended, for consistency with programs of planning for the area, and all such reviews shall be transmitted to the department with the proposed plans; and(9) Designate municipal responsibility for implementation of the plan.(e)(1) The department is hereby authorized to approve or disapprove official plans, special studies and update revisions to official plans for sewage systems submitted in accordance with this act within one year of date of submission.(2) The department is authorized to approve or disapprove revisions of official plans within such time as the regulations shall stipulate, except that the department shall approve or disapprove revisions constituting residential subdivision plans within sixty days of the date of a complete submission. The department may act on requests for exceptions to the requirement to revise official plans within thirty days of receipt of such documentation as may be required by regulation. If the department fails to act within such thirty-day period, it shall be deemed that the exception to the requirement to revise the official plan shall be applicable. The department shall determine if a submission is complete within ten working days of its receipt.(3) Delegated agencies shall approve or disapprove supplements within sixty days of the date of a complete submission or such additional time as the applicant and delegated agency may agree to in writing. The delegated agency shall determine if a submission is complete within ten days of its receipt.(4) For official plans and official plan revisions for individual on-lot sewage systems and community on-lot sewage systems, the use of such systems when designed and approved in accordance with the requirements of this act and the regulations promulgated under this act satisfies the antidegradation requirements of the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams Law," and the regulations promulgated under that act. (f) The department is authorized to provide technical assistance to counties, municipalities and authorities in coordinating official plans for sewage systems required by this act, including revisions of such plans.(g) For purposes of this act, the department is authorized to cooperate with appropriate private organizations.(h) The department shall maintain and make available for public inspection a record of all official plans, update revisions and special studies submitted for department review, indicating the date received, type of submission and date of disposition.(i) Any publication of proposed adoption of or revision to an official plan or notice of application for a permit for department approval required by this act or the regulations promulgated under this act may be provided by the applicant or the applicant's agent, municipality or the local agency by publication in a newspaper of general circulation as required by department regulation. Where an applicant or applicant's agent provides the required publication, the municipality and local agency shall be relieved of the obligation to publish.Amended by P.L. TBD 2020 No. 34, § 1, eff. 8/4/2020.Amended by P.L. TBD 2017 No. 26, § 1, eff. 9/18/2017.Amended by P.L. 246 2013 No. 41, § 2, eff. 7/2/2013.1966, Jan. 24, P.L. (1965) 1535, No. 537, § 5. Amended 1974, July 22, P.L. 621, No. 208, § 3; 1989 , July 1, P.L. 124, No. 26, § 2, effective in 90 days; 1994, Dec. 14, P.L. 1250, No. 149, § 1, effective in 365 days.