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§ 11103-A. Review by wastewater system officials

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: September 4, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 30. Pennsylvania Municipalities Planning Code (Refs & Annos)
Article XI-a. Wastewater Processing Cooperative Planning (Refs & Annos)
Effective: September 4, 2012
53 P.S. § 11103-A
§ 11103-A. Review by wastewater system officials
Currentness
(a) Wastewater systems review.--
(1) Upon receipt of the notification required under section 1102-A(a),1 the wastewater system official shall review the notification to determine the impact of the application on the wastewater system. The wastewater system official may request additional information, including a copy of the application, from the applicant.
(2)(i) Except as provided under subparagraph (ii), review by the wastewater system official shall be completed within 30 days of receipt of the notification required under section 1102-A. For good cause shown, the wastewater system official may request and the municipality shall grant an extension of up to 15 days for completion of the review.
(ii) If another statute establishes an application review period of 30 days or less, the review period and extension provided under subparagraph (i) shall not apply and the wastewater system official shall complete the review within the review period provided by that statute.
(3) If a municipality does not receive any notice from the wastewater system official within the time period provided under paragraph (2), the municipality shall proceed with the application as if the application is in compliance with the requirements of the wastewater system.
(b) Notification of results of review.--
(1) Upon completion of the review required under subsection (a), the wastewater system official shall notify the applicant and the municipality in writing of its findings, which shall include a statement regarding the expected impact of the application on the current wastewater system.
(2) If the application will cause the wastewater system to exceed its permitted capacity or will result in necessary upgrades to the wastewater system's infrastructure, the written notice of the wastewater system official shall include the specific reasons that are causing the wastewater system to exceed its permitted capacity or the necessity for upgrades to the wastewater system's infrastructure.
(c) Approval of applications.--Except for applications which are exempt from the provisions of this article as provided under section 1102-A(a)(2), a municipality may not:
(1) grant final approval of an application for development, plat approval or planned residential development under this act unless final approval is conditioned upon receipt of a waiver of or an approved exemption from sewage planning or written approval of the application is received from the wastewater system official; or
(2) approve an application for a construction permit under section 502 of the act of November 10, 1999 (P.L. 491, No. 45),2 known as the Pennsylvania Construction Code Act, unless the application has been reviewed under this section.
(d) Right of appeal.--Any person aggrieved by a decision of a wastewater system official shall be entitled to seek the remedies provided under the act of January 24, 1966 (1965 P.L. 1535, No. 537),3 known as the Pennsylvania Sewage Facilities Act.

Credits

1968, July 31, P.L. 805, No. 247, art. XI-A, § 1103-A, added 2012, July 5, P.L. 928, No. 97, § 3, effective in 60 days [Sept. 4, 2012].

Footnotes

1
53 P.S. § 11102-A.
2
35 P.S. § 7210.502.
3
35 P.S. § 750.1 et seq.
53 P.S. § 11103-A, PA ST 53 P.S. § 11103-A
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document