(a)(1) No person shall install, construct, or award a contract for construction, or alter, repair or connect to an individual sewage system or community sewage system or construct, or request bid proposals for construction, or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions of this act and the standards adopted pursuant to this act. A permit shall not be required by a person where a new dwelling is proposed to replace a previously existing dwelling where the size and anticipated use of the new dwelling is the same as the previously existing dwelling and the previously existing dwelling was in use within one year of the anticipated date of the completion of construction. This exception shall not apply when an active investigation of malfunction is under way by the local agency or the department. No permit may be issued by the local agency in those cases where a permit from the department is required pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," as amended, or where the department pursuant to its rules and regulations, determines that such permit is not necessary for the protection of the public health. Except where a local agency or municipality requires a permit by ordinance, no permit or plan revision shall be required for the installation of an individual on-lot sewage system for a residential structure occupied or intended to be occupied by the property owner or a member of his immediate family on a contiguous tract of land ten acres or more if the owner of the property was the owner of record as of January 10, 1987.(2) The installation of such a permit-exempt system shall not be required to be approved by or meet the standards of the department or local agency pursuant to their rules and regulations for the siting, design or installation of on-lot sewage systems, except for the siting requirements of subsection (a.1), unless a permit is required by a regulation or ordinance of a local agency or municipality or the person qualifying for the permit exemption chooses to not use the permit exemption. A permit exemption may also be granted where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987. When one permit exemption has been granted for a lot, tract or parcel under this section, any lot, tract or parcel remaining after subdivision of the lot or parcel which received the permit exemption or any lots or parcels subdivided therefrom in the future shall not be eligible for a ten-acre permit exemption and must meet the planning, permitting, siting and construction standards of the department for on-lot sewage systems. Persons otherwise qualified for a permit exemption who do not choose to use the permit exemption remain exempt from the planning requirements of this act.(3) For the purposes of this section, the term "immediate family" shall mean brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter, father or mother of the property owner.(a.1) Owners of property qualifying for a permit exemption under this section shall install permit-exempt systems in accordance with the following siting requirements:(1) The perimeter of the septic tanks and absorption area shall be located at least two hundred feet from the perimeter of any property line, nonutility right-of-way, one hundred-year flood plain or any river, stream, creek, impoundment, well, watercourse, storm sewer, lake, dammed water, pond, spring, ditch, wetland, water supply or any other body of surface water and ten feet from any utility right-of-way.(2) Before a person who meets the requirements for a permit-exempt system installs the system, such person shall notify the local agency of the installation. The local agency may charge a fee, not to exceed twenty-five dollars ($25), to verify the system is located in accordance with the siting requirements of subsection (a.1)(1).(a.2) A person installing a permit-exempt system shall indemnify and hold harmless the Commonwealth, the local agency, the sewage enforcement officer serving the municipality in which the system is located and the municipality where the system is located from and against damages to property or injuries to any persons and other losses, damages, expenses, claims, demands, suits and actions by any party against the Commonwealth, the local agency, sewage enforcement officer and the municipality in connection with the malfunctioning of the on-lot sewage system installed under the permit exemption provisions of this section. It is the sole responsibility of the property owner who installed or contracted for the installation of a sewage system under the permit exemption provisions of this section or the property owner who accepted responsibility for the system upon purchase of the property under the disclosure provisions of section 7.1(a.1) of this act to correct or have corrected any system malfunction which contaminates surface or groundwater or discharges to the surface of the ground. Malfunctions of systems installed under the provisions of this section which contaminate ground or surface water or discharge to the surface of the ground shall constitute a nuisance and shall be abatable in a manner provided by law.(a.3) For permits 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) [35 P.S.§ 691.1 et seq.], known as "The Clean Streams Law," and the regulations promulgated under that act.(b)(1) Application for permit shall be in writing to the local agency in accordance with the provisions of section 8 of this act, and shall be made in such form and shall include such data as the department may prescribe. The local agency shall maintain and make available for public inspection a record of all permit applications submitted, indicating the date received, type of submission and date of disposition.
(2) Permits for on-lot sewage disposal systems shall be issued or denied within the time limits prescribed in this section. Denial of any permit shall be supported by a statement in writing of the reasons for such action.(2.1) Permits for conventional systems shall be issued or denied within seven days of receipt of a complete initial application. If the initial application is found to be incomplete, the time for acting thereon shall be extended fifteen days beyond the date of receipt of adequate supplementary or amendatory data.(2.2) In municipalities or local agencies which are not delegated agencies, permits for alternate systems shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant in writing within fifteen days.(i) Applications for alternate system permits found to be complete shall be submitted within five days of the determination of completeness to the department by the local agency or authorized representative for appropriate action.(ii) Permits for alternate systems shall be issued or denied by the local agency within forty-five days of transmittal of a complete application to the department.(2.3) In municipalities or local agencies which are delegated agencies, permit applications for alternate systems shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant in writing within fifteen days. Permits for alternate systems shall be issued or denied by the local agency within thirty days of receipt of a complete application.(2.4) In those cases where a local agency has issued a permit under this section and the department disagrees with the basis for the issuance of the permit, the department shall not require the revocation of that permit unless the department has provided to the local agency justification for its decision based on the specific provisions of statute or regulation.(3) No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the body which issued the original permit or its authorized representative. If seventy-two hours have elapsed, excepting Sundays and holidays, since the body issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the issuing body.(4) The local agency shall not issue permits for individual sewage systems or community sewage systems unless the system proposed is consistent with the official plan, a special study or an update revision to the official plan of the municipality in which said system is to be located and the municipality is adequately implementing the official plan, special study or update revision in those areas of the municipality covered by such plan, study or revision.(4.1) In the event that the municipality has no plan or has not received department approval of an update revision or special study to the official plan or implemented its plan as required by the rules and regulations of the department or by order of the department, no permits may be issued under this section in only those areas of the municipality in which the department finds that there is a serious risk to the health, safety and welfare of persons within or adjacent to the municipality by reason of the municipality's failure to revise or implement its plan until the municipality has submitted the said official plan, update revision or special study to the official plan to, and received the approval of, the department or has commenced implementation of its plan, update revision or special study in accordance with a schedule approved by the department. (i) A supplement or a revision for new land development or interim repairs to or the replacement of existing malfunctioning on-lot sewage systems shall not be denied solely on the basis of the failure of the municipality in which the new land development or system in need of repair or replacement is proposed to submit an update revision or special study or implement its plan as required by an order of the department or the rules and regulations of the department or because the update revision or special study is under review by the department.(ii) Every contract for the sale of a lot, as defined in section 2 , which is within an area in which permit limitations are in effect and which is subject to permit limitations under this section shall contain a statement in the contract that clearly indicates to the buyer that sewage facilities are not available for that lot and that sewage facilities will not be available and construction of any structure on the lot may not begin until the department has approved a major planning requirement, including, but not limited to, a plan update revision or special study. Any contract for the sale of a lot which does not conform to the requirements of this section shall not be enforceable by the seller against the buyer. Any term of such contract purporting to waive the rights of the buyer to the disclosures required in this section shall be void.(4.2) The limitations on permit issuance contained in paragraph (4.1) shall not apply: (i) to those sections of the municipality where the department or the local agency finds that a replacement system could be installed on the lot in the event that the original system failed;(ii) to those areas of the municipality outside of the areas delineated in an order of the department as requiring an update revision. The filing of an appeal to a department order issued under this subsection shall not operate as an automatic supersedeas of the action of the department;(iii) to existing subdivisions or sections thereof where the department or delegated agency finds that either lots or homes in the subdivision or sections thereof have been sold in good faith to a purchaser for value prior to May 15, 1972, and not for the purpose of avoiding the permit limitation provisions of paragraph (4.1). This clause shall not relieve the municipality of its planning responsibilities as specified in this act; or(iv) where the department or the local agency finds it necessary to issue permits for the abatement of pollution and/or the correction of health hazards.(4.3) The department may, by agreement, delegate to a local agency or county or joint county department of health which has been qualified by the department for receipt of eighty-five percent reimbursement under section 6(c) of this act the power and duty to require the submittal of and review and approve or disapprove sewage facilities planning for new land development using planning module forms provided by the department. Additionally, the following shall apply:
(i) Sewage facilities planning approved by a delegated agency under this subsection shall not constitute a revision or exception to the requirement to revise under this act and the rules and regulations promulgated hereunder but shall be a supplement to the official sewage facilities plan.(ii) Delegated agencies may assess fees for the review of supplements under this section. Fees received pursuant to this section shall be used solely for the purpose of administering the delegated powers and duties related to the new land development planning provisions of this act and the rules and regulations promulgated hereunder.(iii) The department may limit the review of supplements in the delegation agreements to specific classifications of sewage facilities or new land developments.(iv) Delegation of the review and approval of supplements for new land development may be granted by the department where the local agency or county or joint county department of health has adequately documented the following to the department: (A) The municipalities or counties to be included in the delegation agreement have municipal or countywide subdivision and land development ordinances in effect under the act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania Municipalities Planning Code." (B) The municipalities to be included in the delegation agreement have a current official sewage facilities plan which is being implemented in accordance with the content of the plan's implementation schedule and the provisions of this act, the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," and regulations promulgated hereunder.(C) The municipalities or counties to be included in the delegation agreement have municipal or countywide subdivision and land development ordinances in effect which require sewage facilities planning approval as a condition attached to final plat approval under the "Pennsylvania Municipalities Planning Code."(D) Where delegation is requested for the review of new land developments proposing the use of public sewerage facilities not requiring a new or modified permit under "The Clean Streams Law," the delegation agreement must include coordination procedures to be used with the department to assure continued compliance with the municipal wasteload management provisions of "The Clean Streams Law."(E) The local agency and any sewage enforcement officer employed by the local agency serving the municipalities to be included in the delegation agreement have not been issued a notice of violation or order by the department for any violations of this act or the rules and regulations promulgated hereunder for the prior three years as determined by the department.(F) A workload analysis is completed by the entity requesting delegation which analyzes the volume of work anticipated and the staffing and support resources needed to administer the program and documents that the fees proposed to be charged by the delegated agency to administer the sewage facilities planning reviews are sufficient to allow the delegated agency to act upon supplements within the time limits established by this act.(v) The department shall review and approve, prior to delegation, the administrative procedures, ordinances, rules, regulations, fee schedules and contracts for services proposed for use by the delegated agency in the administration of the delegated provisions of this act. Delegated agencies shall use forms provided by the department for the submittal and review of all supplements.(vi) Supplements to the official plan shall be prepared by the person proposing the new land development and shall be reviewed and acted upon by the delegated agency. Within ten days of the approval or disapproval of the supplement, a copy of the completed planning modules and the approval or disapproval letter of the delegated agency shall be submitted to the department by the delegated agency.(vii) Lack of participation by a municipality, local agency or county or joint county department of health in this delegation shall not influence the eligibility of the local agency serving that municipality or the local agency itself to receive eighty-five percent reimbursement under section 6(c) of this act, if qualified.(4.4) In those areas of the municipality where a revision for new land development or exception to the requirement to revise is required to be approved by the department or a supplement is required to be approved by a delegated agency: (i) The local agency shall not issue permits for individual sewage systems or community sewage systems until the municipality has received approval of a revision for new land development or exception to the requirement to revise from the department or a supplement has been approved by a delegated agency.(ii) A contract for the sale of a lot, as defined in this act, for which a required revision for new land development, exception to the requirement to revise or a required supplement has not been approved shall not be enforceable by the seller against the buyer unless it contains a statement that clearly indicates to the buyer that sewage facilities are not available for that lot and that sewage facilities will not be available nor may construction begin until sewage facilities planning has been approved. Any term of such contract purporting to waive the rights of the buyer to the disclosures required in this clause shall be void.(5) Revisions for new land development, exceptions to the requirement to revise and supplements will not be required and permits for on-lot systems may be issued without such planning where either the department or delegated agency determines that: (i) The official plan shows that those areas of the municipality are to be served by on-lot sewage disposal facilities.(ii) The geology of the area proposed for the use of individual or community sewage systems is not conducive to nitrate-nitrogen groundwater contamination.(iii) The area proposed for development is outside of high quality or exceptional value watersheds established under the regulations and policies promulgated under "The Clean Streams Law."(iv) All subdivided lots and the remaining portion of the original tract after subdivision are one acre or larger.(v) Soils testing and site evaluation establish that separate sites are available for both a permitted primary on-lot sewage system and a replacement on-lot sewage system on each lot of the subdivision.(5.1) Revisions for new land development and supplements are not required for subdivisions proposing a connection to or an extension of public sewers where:(i) The department determines that existing collection, conveyance and treatment facilities are in compliance with "The Clean Streams Law" and the rules and regulations promulgated thereunder.(ii) The department determines that the permittees of the receiving sewerage facilities have submitted information under "The Clean Streams Law" which documents that the existing collection, conveyance and treatment system does not have an existing hydraulic or organic overload or five-year projected overload.(iii) The applicant has provided certification from the permittees of the collection, conveyance and treatment receiving facilities to the municipality or delegated agency in which the subdivision is located that there is capacity to receive and treat the sewage flows from the applicant's proposed new land development and that the additional wasteload from the proposed new land development will not create a hydraulic or organic overload or five-year projected overload.(iv) The municipality has a current approved sewage facilities plan update revision which is being implemented.(5.2) Where the determination under paragraph (5) or (5.1) of this subsection is made by a delegated agency, that agency shall submit to the department quarterly reports which include the names of the subdivisions, location of the subdivisions, number of lots and projected sewage flow for each subdivision exempted from the planning provisions under this subsection and such other information as may be required under the rules and regulations of the department. The provisions of this subsection shall not apply to new land development proposals intended to be served by sewage facilities requiring a new or modified permit from the department under "The Clean Streams Law."
(6) If the local agency determines that: (i) any change has occurred in the physical conditions of any lands which will materially affect the operation of the community sewage system or individual sewage system covered by any permit issued by the local agency under section 7 of this act, or (ii) one or more tests material to the issuance of the permit has not been properly conducted, or (iii) information material to the issuance of the permit has been falsified, or (iv) the original decision of the local agency otherwise failed to conform to the provisions of this act or the rules and regulations of the department, or (v) the permittee has violated the rules and regulations of the department under which the permit was issued, the permit shall be revoked. Such action shall be taken after notice and opportunity for hearing has been given to the permittee.(7) If construction or installation of an individual sewage system or community sewage system and of any building or structure for which such system is to be installed has not commenced within three years after the issuance of a permit for such system, the said permit shall expire, and a new permit shall be obtained prior to the commencement of said construction or installation.(8) Upon completion of inspection of deep soil test pits and percolation tests, the inspector shall immediately notify the property owner that the tests are complete. Within three days after receiving such notice, the property owner shall backfill the test pits and holes. Any person who fails to comply with the provisions of this subsection shall be subject to the remedies and penalties provided in sections 12, 13 and 13.1. Amended by P.L. 246 2013 No. 41, § 3, eff. 7/2/2013.1966, Jan. 24, P.L. (1965) 1535, No. 537, § 7. Amended 1968, July 16, P.L. 356, No. 177, §1; 1970, March 4, P.L. 113, No. 43, §3; 1974, July 22, P.L. 621, No. 208, §4; 1978, Oct. 4, P.L. 1003, No. 212, § 1, effective in 60 days; 1989 , July 1, P.L. 124, No. 26, § 2, imd. effective; 1994, Dec. 14, P.L. 1250, No. 149, § 3.