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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KASUNIC, COSTA, FONTANA, RAFFERTY, SOLOBAY, WASHINGTON AND WOZNIAK, FEBRUARY 25, 2011 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 25, 2011 |
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| AN ACT |
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1 | Amending the act of January 24, 1966 (1965 P.L.1535, No.537), |
2 | entitled, as amended, "An act providing for the planning and |
3 | regulation of community sewage systems and individual sewage |
4 | systems; requiring municipalities to submit plans for systems |
5 | in their jurisdiction; authorizing grants; requiring permits |
6 | for persons installing such systems; requiring disclosure |
7 | statements in certain land sale contracts; authorizing the |
8 | Department of Environmental Resources to adopt and administer |
9 | rules, regulations, standards and procedures; creating an |
10 | advisory committee; providing remedies and prescribing |
11 | penalties," further providing for permits. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 7(a)(1) of the act of January 24, 1966 |
15 | (1965 P.L.1535, No.537), known as the Pennsylvania Sewage |
16 | Facilities Act, amended December 14, 1994 (P.L.1250, No.149), is |
17 | amended to read: |
18 | Section 7. Permits.--(a) (1) No person shall install, |
19 | construct, or award a contract for construction, or alter, |
20 | repair or connect to an individual sewage system or community |
21 | sewage system or construct, or request bid proposals for |
22 | construction, or install or occupy any building or structure for |
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1 | which an individual sewage system or community sewage system is |
2 | to be installed without first obtaining a permit indicating that |
3 | the site and the plans and specifications of such system are in |
4 | compliance with the provisions of this act and the standards |
5 | adopted pursuant to this act. A permit shall not be required by |
6 | a person where a new dwelling is proposed to replace a |
7 | previously existing dwelling where the size and anticipated use |
8 | of the new dwelling is the same as the previously existing |
9 | dwelling and the previously existing dwelling was in use within |
10 | one year of the anticipated date of the completion of |
11 | construction. This exception shall not apply when an active |
12 | investigation of malfunction is under way by the local agency or |
13 | the department. No permit may be issued by the local agency in |
14 | those cases where a permit from the department is required |
15 | pursuant to the act of June 22, 1937 (P.L.1987, No.394), known |
16 | as "The Clean Streams Law," as amended, or where the department |
17 | pursuant to its rules and regulations, determines that such |
18 | permit is not necessary for the protection of the public health. |
19 | Except where a local agency or municipality requires a permit by |
20 | ordinance, no permit or plan revision shall be required for the |
21 | installation of an individual on-lot sewage system for a |
22 | residential structure occupied or intended to be occupied by the |
23 | property owner or a member of his immediate family on a |
24 | contiguous tract of land ten acres or more [if the owner of the |
25 | property was the owner of record as of January 10, 1987]. |
26 | * * * |
27 | Section 2. This act shall take effect in 60 days. |
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