§ 750.10. Powers and duties of the Department of Environmental Resources
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 750.10
§ 750.10. Powers and duties of the Department of Environmental Resources
The department1 shall have the power and its duty shall be:
(2) To approve or disapprove official plans and, at its discretion, to approve or disapprove revisions thereto in accordance with regulations of the department. The department may review and act upon a revision for new land development or an exception to the requirement to revise or, at its discretion, accept the municipality's review and approval of the revision for new land development or exception to the requirement to revise by a municipality without further action. If the department disapproves, it shall provide a written explanation of the deficiencies to the municipality.
(4) To administer grants and reimbursements to local agencies as provided by section 6 of this act.2
(7.1) To review the performance of delegated agencies in the performance of the duties established by delegation agreements authorized by sections 5 and 7 of this act3 and to revoke such agreements for cause.
(10) To revoke or suspend the certification of sewage enforcement officers for cause, or to reinstate same, in accordance with the rules and regulations of the department. The department shall consider complaints filed by local agencies or the public relating to the performance of local sewage enforcement officers.
(11) To develop a list of firms or agencies that provide testing services for evaluating gradation specifications of sand for use in elevated sand mound on-lot disposal systems. A permittee that is the sand supplier for an elevated sand mound shall certify in writing that sand used in these systems meets the requirements established by the department.
(ii) For any proposal which can reasonably be expected to result in a surface discharge to waters of the Commonwealth or the surface of the ground of greater than two thousand gallons per day or a discharge to a subsurface absorption area for which a permit is required under the act of June 22, 1937 (P.L. 1987, No. 394), known as “The Clean Streams Law,”4 the fee shall be one thousand five hundred dollars ($1,500); however, the fee for a proposal submitted by a political subdivision shall be five hundred dollars ($500).
(13) To establish minimum training requirements using any department curriculum of training as a prerequisite for applicants for certification as a sewage enforcement officer. Such curriculum may include a period of training under another certified sewage enforcement officer selected by the department as a prerequisite to certification for candidates who pass the certification test.
(14) To require, at the department's discretion, a certified sewage enforcement officer whose performance has been evaluated and found deficient by the department to complete a training course which may include a department curriculum of training or a period of training under the direction of another certified sewage enforcement officer selected by the department for a time period established by the department. This training may be used by the department as an alternative to suspension or as a requirement for reinstatement of a suspended certification. The local agency employing the training sewage enforcement officer must authorize that officer to provide such training services which will be offered within the jurisdiction of that local agency. The costs of department-required training incurred by the training sewage enforcement officer and the local agency employing the training sewage enforcement officer shall be paid by the department from funds made available under section 13.2 of this act.5
(19) To provide specific written reasons for its decision to any applicant whenever any plan or permit application required under the provisions of this act has been returned because the department has determined it to be incomplete because the department requests either additional information or verification of information submitted or because the department has issued a denial. Such information shall specify the defects found in the submission, plan or permit application and describe the requirements which have not been met.
Credits
1966, Jan. 24, P.L. (1965) 1535, No. 537, § 10. Amended 1974, July 22, P.L. 621, No. 208, § 5; 1989, July 1, P.L. 124, No. 26, § 5, imd. effective; 1994, Dec. 14, P.L. 1250, No. 149, § 7, effective in 365 days.
Footnotes
Now Department of Environmental Protection. See 71 P.S. § 1340.501.
35 P.S. § 750.6.
35 P.S. §§ 750.5, 750.7.
35 P.S. § 691.1 et seq.
35 P.S. § 750.13b.
35 P.S. § 750.10, PA ST 35 P.S. § 750.10
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |