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§ 721.7. Permits

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 5. Water and Sewage (Refs & Annos)
Pennsylvania Safe Drinking Water Act (Refs & Annos)
35 P.S. § 721.7
§ 721.7. Permits
(a) Community water systems permits required.--It shall be unlawful for any person to construct, operate or substantially modify a community water system without first having received a written permit from the department. A substantial modification is one which may affect quality or quantity of water served to the public or may be prejudicial to the public health or safety.
(b) Noncommunity water systems permits required.--It shall be unlawful for any person to construct, operate or substantially modify a noncommunity water system without first having received a written permit from the department, unless:
(1) the noncommunity water system is operated under a valid permit issued under other law, such as the act of May 23, 1945 (P.L. 926, No. 369), referred to as the Public Eating and Drinking Place Law,1 or the act of June 23, 1978 (P.L. 537, No. 93), known as the Seasonal Farm Labor Act,2 or the noncommunity water system is a type which the department determines can be adequately regulated through standardized specifications and conditions; and
(2) the noncommunity water system complies with all other requirements of this act and the regulations adopted under it.
(c) No permit required for waterline extensions.--Nothing in this section shall be construed to mean that a permit shall be required by the department for waterline extensions to a public water system.
(d) System distribution map.--The public water supplier shall supply the department with a copy of its system distribution map. The public water supplier shall supply updates of its distribution map to the department annually.
(e) Applications.--Applications for permits shall be submitted in writing to the department in such form and with such accompanying data as shall be prescribed by the department, and shall include maps, drawing specifications and designers' reports prepared by a professional engineer, registered to practice in Pennsylvania. At the request of the department or any person intending to submit an application for a permit, a preapplication conference can be conducted between the department and the applicant, the purpose of which is to facilitate the filing of the proposed permit application in compliance with this act. A conference shall be conducted between the department and the applicant at the time the application for a permit is submitted to the department. If the department determines the permit application is incomplete, it shall request such additional information in writing from the applicant within 90 calendar days of its receipt of a permit application. The department shall grant or deny a permit within 120 calendar days from its receipt of an application or within 120 days from its receipt of the written response for additional information.
(f) Permit fee.--Each application shall be accompanied by a permit fee established by regulations under this act.
(g) Permits issued under prior law.--Any permits issued prior to the effective date of this act, under the act of April 22, 1905 (P.L. 260, No. 182), entitled “An act to preserve the purity of the waters of the State, for the protection of the public health,”3 and the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929,4 shall be deemed a permit issued pursuant to this act.
(h) Conditions may be included in permit.--The department may include in each permit general and specific conditions to insure the proper operation of the public water system and the furnishing of an adequate, safe and potable supply of water.
(i) Permit not transferable.--No permit may be transferred without written approval by the department.
(j) Permit issuance and conditions.--The department shall have the power to grant a permit if it determines that the proposed water system is not prejudicial to the public health and complies with the provisions of this act, the regulations adopted hereunder, and all other applicable laws administered by the department. The department may impose such permit terms and conditions regarding construction, operation, maintenance, inspection and monitoring of the project as are necessary to assure compliance with this act and other laws administered by the department.
(k) Permit suspension, revocation and modification.--The department may issue such orders suspending, revoking or modifying permits that are necessary to correct any violation of this act or regulations adopted under this act, or for noncompliance with a condition of the permit, or upon a finding of a condition prejudicial to the public health.

Credits

1984, May 1, P.L. 206, No. 43, § 7, effective Dec. 8, 1984.

Footnotes

35 P.S. § 655.1 et seq.
43 P.S. § 1301.101 et seq.
35 P.S. §§ 711 to 716 (repealed).
71 P.S. § 51 et seq.
35 P.S. § 721.7, PA ST 35 P.S. § 721.7
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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