§ 750.8. Powers and duties of local agencies
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 750.8
§ 750.8. Powers and duties of local agencies
(a) County or joint county departments of health shall administer sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of this act1 in the area subject to their jurisdiction. The county health department or joint county departments of health may administer the continuing maintenance provisions of section 92 and the enforcement provisions of section 12 if the local agency under the jurisdiction of the county health department or joint county departments of health has relinquished its authority by resolution to the county health department or joint county departments of health. In all other areas, sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of this act shall be administered by each municipality unless said municipality has transferred or delegated the administration of sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of this act to another local agency, or is cooperating in said administration, in conformance with the act of July 12, 1972 (P.L. 762, No. 180),3 and said other local agency has accepted administration of sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of this act. Municipalities are hereby encouraged jointly to administer sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of this act on a county or joint county level. No local agency shall voluntarily surrender administration of the provisions of this act except to another local agency pursuant to this section.
(1) To employ an adequate number of sewage enforcement officers or contract with individuals, firms or corporations to adequately perform the services of sewage enforcement officers to administer the provisions of section 7 of this act within the time periods set forth in this act and in accordance with the rules and regulations of the department. No person shall be employed or contracted as a sewage enforcement officer unless said person has been certified by the department pursuant to standards set by the Environmental Quality Board.4 No person shall be employed or contracted as a sewage enforcement officer to administer the provisions of section 7 of this act with respect to a community or an individual sewage system for which he was or is the contractor. In such a case, the local agency shall employ or contract with a certified enforcement officer from an adjoining local agency to administer the provisions of section 7 of this act with respect to the particular individual or community sewage system.
(4) To set and collect application fees. The fee schedule may establish different charges for various types of individual sewage systems and community sewage systems consistent with the administrative costs of reviewing the application and supervising the installation of said system. When engineering or consulting services are required by the local agency to complete their review of a permit application, the application or review fees charged for such services shall be reasonable and in accordance with the ordinary and customary charges by the engineer or consultant for similar service in the community, and in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the local agency when fees are not reimbursed by or otherwise imposed on applicants.
(i) In the event the applicant disputes the amount of any such fees or charges, the applicant shall, within ten working days of the date of billing, notify the local agency that the fees or expenses are disputed as unreasonable or unnecessary, in which case the local agency shall not delay or disapprove an application for any approval or permit due to the applicant's dispute over fees or charges.
(ii) If, within twenty days from the date of billing, the local agency and the applicant cannot agree on the amount of fees or charges which are reasonable and necessary, the applicant and local agency shall jointly, by mutual agreement, appoint a qualified registered professional engineer or geologist licensed in this Commonwealth to review the fees and charges and make a determination as to the amount which is reasonable and necessary.
(iii) In the event that the local agency and applicant cannot agree upon the professional engineer or geologist to be appointed within twenty days of the billing date, then, upon application of either party, the president judge of the court of common pleas of the judicial district in which the municipality is located or, if at the time there is no president judge, then the senior active judge then sitting shall appoint such engineer or geologist. The engineer or geologist shall be neither the local agency's engineer or geologist nor any professional engineer or geologist nor consultant who has been retained by or performed services for the local agency or the applicant within the preceding five years.
(iv) The professional engineer or professional geologist so appointed shall hear such evidence and review such documentation as the engineer, in his sole discretion, deems necessary and render a decision within fifty days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(v) The fee of the appointed professional engineer or professional geologist for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of the payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by five hundred dollars ($500) or more, the local agency shall pay the fee of the professional engineer or professional geologist. Otherwise, the local agency and the applicant shall each pay one-half of the fee of the appointed professional engineer or professional geologist.
(i) Within twenty working days of the local agency's receipt of a permit application or by such later date as the applicant may request in writing or by such later date as the sewage enforcement officer and applicant may agree, which is confirmed in writing by the sewage enforcement officer, site suitability review, soil probe testing and soil percolation testing shall be completed by the local agency and the results provided to the applicant in writing. A one-call system serial number must be obtained prior to soil testing by the permit applicant or the contractor retained by the applicant to perform the test excavation. This notification shall take place no less than three and no more than ten working days prior to the excavation. The permit review deadline in this paragraph shall not apply to applicants who fail to comply with the one-call system notification requirement.
(ii) It shall be the obligation of the applicant to have the site prepared in the manner required by written instructions provided to the applicant after receipt of at least forty-eight hours' notice from the local agency or sewage enforcement officer of the anticipated time such soils tests will be performed.
(iii) Failure of the local agency to comply with these time limits shall entitle the applicant, upon request, to a refund of fees paid for soil testing that was not performed by the local agency, and the applicant shall be entitled to submit results of soils tests, on forms provided by the department, conducted in a manner consistent with this act and the regulations hereunder by any certified sewage enforcement officer who need not be employed by or under contract with the local agency. Such test results shall be accepted by the local agency and its sewage enforcement officer who shall rely upon the results of such tests in acting on any application.
(iv) If an applicant after receiving the notice of testing fails to have the site prepared for soil testing in a manner required by this section, the applicant shall not have the right to submit the results of soils testing performed by a certified sewage enforcement officer not employed by or under contract with the local agency, nor shall the applicant be entitled to a refund of fees paid for soil testing as provided in this section.
(v) Neither the municipality, local agency, local agency's sewage enforcement officer nor the department shall be held liable on any cause of action arising out of soil tests performed pursuant to this section by a certified sewage enforcement officer not employed by or under contract with the local agency. In the event any such party is named as a defendant in such cause of action, any court of competent jurisdiction may, in its discretion, award such costs to the parties as it deems appropriate.
(6) To cease issuing permits in designated areas after notice and opportunity for departmental hearing except for the abatement of existing health hazards or public nuisance, notwithstanding the provisions of section 7, upon receipt of a department order pursuant to section 10(7) of this act.5
(9) To adopt and maintain standards and procedures for applications and permits identical to those of the department. Any other rules or regulations which the local agency deems necessary in order to administer and enforce section 7 may only be adopted if they are consistent with this act and the rules and regulations adopted hereunder.
(10) To make such inspections of and verify measurements made by applicants on public or private properties which are determined by the local agency's authorized representative to have natural or manmade features from which specific isolation distances are required prior to the approval of on-lot sewage disposal system usage in subdivisions or individual lots. The local agency's authorized representative shall have the right to enter upon lands for these purposes.
(c) Sewage enforcement officers employed or contracted by local agencies in accordance with this act, in performing their duties as required under this act, shall accept prior testing data and information obtained by a previous sewage enforcement officer, provided that the site and prior testing meets all of the criteria contained in the following paragraphs 1 through 10 of this subsection and the current sewage enforcement officer certifies the same to the local agency. There shall be a presumption that, unless the prior sewage enforcement officer's certification has been revoked or suspended by the department or the prior sewage enforcement officer's certification has been voluntarily surrendered, the testing data and information obtained by the prior sewage enforcement officer is valid unless the currently employed sewage enforcement officer finds that one or more of the criteria in the following paragraphs 1 through 10 of this subsection are not met:
(d) If a sewage enforcement officer rejects an application for a permit or previous tests performed within the immediately preceding six years and certified by a previous sewage enforcement officer, the retesting and reapplication fees shall be waived to the applicant. The local agency shall pay for any equipment and operators required for a retest and for any necessary redesign of the system. This subsection shall not apply if changes have occurred in the physical condition of lands which will materially affect the siting or operation of an individual or community on-lot sewage disposal system covered by a permit or for which soils testing has been performed by a local agency or the sewage enforcement officer's certification has been revoked, voluntarily surrendered to avoid prosecution or a revocation hearing or suspended by the department for cause related to the siting, design or installation inspection of on-lot systems.
(e) No municipality, local agency or sewage enforcement officer may, orally or in writing, suggest, recommend or require the use of any particular consultant, soil scientist or professional engineer or any individual or firm providing such services where such services may be required or are subject to review pursuant to this act or the regulations hereunder. No sewage enforcement officer shall perform any consulting or design work or related services required or regulated under this act within the municipality or local agency by which he is employed or with which he has a contractual relationship unless such services are set in the fee schedule of the local agency, the fees are paid directly to the local agency and the records and products relating to such consultation or design work are reviewed by and any subsequent permit is issued by another sewage enforcement officer employed by or under contract with the local agency. A sewage enforcement officer may not conduct a test, issue a permit or participate in the official processing of an application or official review of a planning module for an individual or community on-lot sewage system in which the sewage enforcement officer, a relative of the sewage enforcement officer, a business associate of the sewage enforcement officer or an employer of the sewage enforcement officer, other than the local agency, has a financial interest.
(f) Any minimum distance requirement between a private well and a proposed absorption area specified in the regulations under this act shall not be applicable if the local agency finds, after reviewing appropriate groundwater studies submitted by an applicant, that the installation of a proposed individual sewage system does not pose a threat of pollution to any well on the same lot within the distance specified by regulation. The minimum distance between a proposed individual sewage system on the applicant's lot and any wells on any other lot must be met as specified in the regulations under this act. A local agency, other than a delegated agency, shall act upon any application for an exception under this subsection no later than forty-five days after receipt of a request for an exception. A delegated agency shall act on any application for an exception under this subsection no later than thirty days after receipt of a request for exception. Reasonable costs incurred by the local agency in evaluating such application for exception may be charged to the applicant. The local agency, municipality, sewage enforcement officer and department shall incur no liability as a result of the granting of an exception under this subsection. Every contract for sale of a lot as defined in section 2 of this act6 which is served by an individual sewage system which was installed under this subsection with an isolation distance less than the distance specified by regulation shall contain a statement in the contract that clearly indicates to the buyer that the isolation distances required by regulation between the individual on-lot system components and the well on the property being sold were not met.
Credits
1966, Jan. 24, P.L. (1965) 1535, No. 537, § 8. Amended 1974, July 22, P.L. 621, No. 208, § 5; 1989, July 1, P.L. 124, No. 26, § 3, imd. effective; 1994, Dec. 14, P.L. 1250, No. 149, § 6, effective in 365 days.
Footnotes
35 P.S. §§ 750.7, 750.8, 750.12 to 750.16.
35 P.S. § 750.9.
53 P.S. § 481 et seq. (repealed); see, now, 53 Pa.C.S.A. § 2301 et seq.
See 71 P.S. § 1340.502 for powers and duties of the Environmental Quality Board transferred to the Department of Conservation and Natural Resources.
35 P.S. § 750.10(7).
35 P.S. § 750.2.
35 P.S. § 750.8, PA ST 35 P.S. § 750.8
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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