§ 750.2. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: July 2, 2013
Effective: July 2, 2013
35 P.S. § 750.2
§ 750.2. Definitions
As used in this act:
“Advisory committee” means the special committee created by the provisions of the act.
“Alternate sewage system” means a method of demonstrated on-lot sewage treatment and disposal not described in the regulations.
“Certification board” means the administrative board within the department created by section 11 of this act.1
“Community on-lot sewage system” means a system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site.
“Community sewage system” means any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
“Conventional sewage system” means a system employing the use of demonstrated on-lot sewage treatment and disposal technology in a manner specifically recognized by the regulations promulgated under this act. The term does not include alternate sewage systems or experimental sewage systems.
“Delegated agency” means a municipality, local agency, multimunicipal local agency or county or joint county department of health to which the Department of Environmental Resources has delegated the authority to review and approve subdivisions for new land developments as supplements to the official plan of a municipality in which the subdivision is located.
“Department” means the Department of Environmental Resources of the Commonwealth of Pennsylvania.2
“Environmental Hearing Board” means the board established pursuant to section 1921-A of The Administrative Code of 19293 for the purposes set forth in that section.
“Experimental sewage system” means a method of on-lot sewage treatment and disposal not described in the regulations promulgated under this act which is proposed for the purpose of testing and observation.
“Individual on-lot sewage system” means an individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
“Individual residential spray irrigation system” means an individual sewage system permitted under section 7 of this act6 which serves a single dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.
“Individual sewage system” means a system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of this Commonwealth or by means of conveyance to another site for final disposal.
“Local agency” means a municipality, or any combination thereof acting cooperatively or jointly under the laws of the Commonwealth, county, county department of health or joint county department of health.
“Lot” means a part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple family dwelling or for commercial or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single family residential lots as determined by estimated sewage flows.
“Municipality” means a city, town, township, borough or home rule municipality other than a county.
“Official plan” means a comprehensive plan for the provision of adequate sewage systems adopted by a municipality or municipalities possessing authority or jurisdiction over the provision of such systems and submitted to and approved by the State Department of Environmental Resources as provided herein.
“Official plan revision” means a change in the municipality's official plan to provide for additional or newly identified or future sewage facilities needs, which may include, but not be limited to, any of the following:
(1) Update revision.--A comprehensive revision to an existing official plan required when the Department of Environmental Resources or municipality determines an official plan or any of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
(4) Supplement.--A sewage facilities planning module for a subdivision for new land development which will not be served by sewage facilities requiring a new or modified permit from the Department of Environmental Resources under the act of June 22, 1937 (P.L. 1987, No. 394), known as “The Clean Streams Law,”7 and which is reviewed and approved by a delegated agency under section 7(b)(4.3)(iv) of this act.8
“Person” shall include any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the Commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term “person” shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.
“Qualified registered professional engineer” means a person registered to practice engineering in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of on-lot sewage disposal systems.
“Qualified registered professional geologist” means a person registered to practice geology in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of on-lot sewage disposal systems.
“Qualified soil scientist” means a person certified as a sewage enforcement officer and who has documented two years' experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of on-lot sewage disposal systems and either a bachelor of science degree in soils science from an accredited college or university or certification by the American Registry of Certified Professionals in Agronomy, Crops and Soils.
“Residential subdivision plan” means a subdivision in which at least two-thirds of the proposed daily sewage flows will be generated by residential uses.
“Secretary” means the Secretary of Environmental Resources of the Commonwealth of Pennsylvania.9
“Sewage” means any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under the act of June 22, 1937 (P.L. 1987, No. 394), known as “The Clean Streams Law,” as amended.
“Sewage enforcement officer” means the official of the local agency who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the act and the rules and regulations thereunder.
“Soil mottling” means a soil color pattern consisting of patches of different color or shades of color interspersed with the dominant soil color which results from prolonged saturation of the soil.
“Subdivision” means the division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
Credits
1966, Jan. 24, P.L. (1965) 1535, No. 537, § 2. Amended 1968, July 16, P.L. 356, No. 177, § 1; 1970, March 4, P.L. 113, No. 43, §§ 1, 2; 1974, July 22, P.L. 621, No. 208, § 2; 1989, July 1, P.L. 124, No. 26, § 1, imd. effective; 1994, Dec. 14, P.L. 1250, No. 149, § 1; 2013, July 2, P.L. 246, No. 41, § 1, imd. effective.
Footnotes
35 P.S. § 750.11.
Now Department of Environmental Protection. See 71 P.S. § 1340.501.
71 P.S. § 510-21 (repealed); see 35 P.S. § 7511 et seq.
71 P.S. § 510-20.
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. § 750.7.
35 P.S. § 691.1 et seq.
35 P.S. § 750.7(b)(4.3)(iv).
Now Secretary of Environmental Protection. See 71 P.S. § 1340.501.
35 P.S. § 750.2, PA ST 35 P.S. § 750.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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