(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),¹ 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:

(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) Deleted by 2020, June 5, P.L. 257, No. 34, § 1, effective in 60 days [Aug. 4, 2020].

(d) Every official plan shall:

(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.