Bill Text: PA HB1138 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for permits; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-27 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1138 Detail]

Download: Pennsylvania-2009-HB1138-Introduced.html

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PRINTER'S NO. 1350
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1138 Session of2009
INTRODUCED BY SOLOBAY, BARRAR, BOYD, CAUSER, CREIGHTON, DENLINGER, FLECK, GEIST, HARPER, HESS, KORTZ, KULA, MAHONEY, M. O'BRIEN, ROAE, SIPTROTH, WHITE AND YOUNGBLOOD, MARCH 27, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 27, 2009
AN ACT
Amending the act of January 24, 1966 (1965 P.L.1535, No.537),
entitled, as amended, "An act providing for the planning and
regulation of community sewage systems and individual sewage
systems; requiring municipalities to submit plans for systems
in their jurisdiction; authorizing grants; requiring permits
for persons installing such systems; requiring disclosure
statements in certain land sale contracts; authorizing the
Department of Environmental Resources to adopt and administer
rules, regulations, standards and procedures; creating an
advisory committee; providing remedies and prescribing
penalties," further providing for permits; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of January 24, 1966 (1965
P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
Act, amended December 2, 1976 (P.L.1264, No.280), is amended to
read:
AN ACT
Providing for the planning and regulation of community sewage
systems and individual sewage systems; requiring
municipalities to submit plans for systems in their
jurisdiction; authorizing grants; requiring permits for
persons installing such systems; requiring disclosure
statements in certain land sale contracts; authorizing the
Department of Environmental [Resources] Protection to adopt
and administer rules, regulations, standards and procedures;
creating an advisory committee; providing remedies and
prescribing penalties.
Section 2. The definitions of "delegated agency,"
"department," "official plan," "official plan revision" and
"secretary" in section 2 of the act, amended December 14, 1994
(P.L.1250, No.149), are amended to read:
Section 2. Definitions.--As used in this act:
* * *
"Delegated agency" means a municipality, local agency,
multimunicipal local agency or county or joint county department
of health to which the Department of Environmental [Resources]
Protection 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.
"Department" means the Department of Environmental
[Resources] Protection of the Commonwealth [of Pennsylvania].
* * *
"Official plan" means a comprehensive plan for the provision
of adequate sewage systems adopted by a municipality or
municipalities possessing authority or jurisdiction over the
provision of such systems and submitted to and approved by the
[State] Department of Environmental [Resources] Protection as
provided herein.
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"Official plan revision" means a change in the municipality's
official plan to provide for additional or newly identified or
future sewage facilities needs, which may include, but not be
limited to, any of the following:
(1) Update revision.--A comprehensive revision to an
existing official plan required when the Department of
Environmental [Resources] Protection or municipality determines
an official plan or any of its parts is inadequate for the
existing or future sewage facilities needs of a municipality or
its residents or landowners.
(2) Revision for new land development.--A revision to a
municipality's official plan resulting from a proposed
subdivision.
(3) Special study.--A study, survey, investigation, inquiry,
research report or analysis which is directly related to an
update revision. Such study shall provide documentation or other
support necessary to solve specific problems identified in the
update revision.
(4) 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 of Environmental [Resources] Protection under the act
of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams
Law," and which is reviewed and approved by a delegated agency
under section 7(b)(4.3)(iv) of this act.
(5) Exception to the requirement to revise.--A process
established by regulation promulgated under this act which
provides the criteria under which a revision for new land
development is not required.
* * *
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"Secretary" means the Secretary of Environmental [Resources]
Protection of the Commonwealth [of Pennsylvania].
* * *
Section 3. Section 4(a) of the act, amended July 1, 1989
(P.L.124, No.26), is amended to read:
Section 4. Advisory Committee.--(a) An advisory committee
shall be appointed within three months of the passage of this
act and biennially thereafter, membership of which shall be
composed of one representative from the following organizations,
the name of said representative to be submitted to the secretary
within ten days of receipt of request for same: Pennsylvania
State Association of Township Supervisors, Pennsylvania State
Association of Boroughs, Pennsylvania League of Cities,
Pennsylvania State Association of Township Commissioners,
Pennsylvania State Association of County Commissioners,
Pennsylvania Association of Plumbing, Heating, Cooling,
Contractors, Inc., Pennsylvania Society of Professional
Engineers, Mortgage Bankers' Association, Pennsylvania Builders
Association, Pennsylvania Association of Realtors, Pennsylvania
Landowners Association, Pennsylvania Society of Architects,
County Health Departments, Pennsylvania State University,
Pennsylvania Municipal Authorities Association, Pennsylvania
Section of the American Water Works Association, Water Pollution
Association of Pennsylvania, American Society of Civil
Engineers, Pennsylvania Environmental Health Association,
Farmers Home Administration, Consulting Engineers Council of
Pennsylvania, National Association of Water Companies,
Pennsylvania Vacation Land Developers Association, United States
Department of Housing and Urban Development, [Pennsylvania
Department of Commerce, Pennsylvania Department of Community
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Affairs] Department of Community and Economic Development,
Office of State Planning and Development, Pennsylvania Bar
Association, and such other organizations having a direct
interest in the area of water and sewage as the secretary deems
necessary.
* * *
Section 4. Sections 7(a) and 10 heading of the act, amended
December 14, 1994 (P.L.1250, No.149), are amended to read:
Section 7. Permits.--(a) (1) (i) 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.
(ii) 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.
(iii) 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
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its rules and regulations, determines that such permit is not
necessary for the protection of the public health.
(iv) 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.
(v) No ordinance of a local agency or municipality shall
require a permit or plan revision 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 one
hundred acres or more.
(2) (i) 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.
(ii) A permit exemption may also be granted where a ten-acre
parcel or lot is subdivided from a parent tract after January
10, 1987, or where there is a one-hundred acre or more parcel.
(iii) 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
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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.
(iv) 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.
* * *
Section 10. Powers and Duties of the Department of
Environmental [Resources] Protection.--The department shall have
the power and its duty shall be:
* * *
Section 5. This act shall take effect in 60 days.
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