(a)(1) No person shall install, construct, or award a contract for construction, or alter, repair or connect to an individual sewage system or community sewage system or construct, or request bid proposals for construction, or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions of this act and the standards adopted pursuant to this act. A permit shall not be required by a person where a new dwelling is proposed to replace a previously existing dwelling where the size and anticipated use of the new dwelling is the same as the previously existing dwelling and the previously existing dwelling was in use within one year of the anticipated date of the completion of construction. This exception shall not apply when an active investigation of malfunction is under way by the local agency or the department. No permit may be issued by the local agency in those cases where a permit from the department is required pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as “The Clean Streams Law,”¹ as amended, or where the department pursuant to its rules and regulations, determines that such permit is not necessary for the protection of the public health. Except where a local agency or municipality requires a permit by ordinance, no permit or plan revision shall be required for the installation of an individual on-lot sewage system for a residential structure occupied or intended to be occupied by the property owner or a member of his immediate family on a contiguous tract of land ten acres or more if the owner of the property was the owner of record as of January 10, 1987.

(2) The installation of such a permit-exempt system shall not be required to be approved by or meet the standards of the department or local agency pursuant to their rules and regulations for the siting, design or installation of on-lot sewage systems, except for the siting requirements of subsection (a.1), unless a permit is required by a regulation or ordinance of a local agency or municipality or the person qualifying for the permit exemption chooses to not use the permit exemption. A permit exemption may also be granted where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987. When one permit exemption has been granted for a lot, tract or parcel under this section, any lot, tract or parcel remaining after subdivision of the lot or parcel which received the permit exemption or any lots or parcels subdivided therefrom in the future shall not be eligible for a ten-acre permit exemption and must meet the planning, permitting, siting and construction standards of the department for on-lot sewage systems. Persons otherwise qualified for a permit exemption who do not choose to use the permit exemption remain exempt from the planning requirements of this act.

(3) For the purposes of this section, the term “immediate family” shall mean brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter, father or mother of the property owner.

(1) The perimeter of the septic tanks and absorption area shall be located at least two hundred feet from the perimeter of any property line, nonutility right-of-way, one hundred-year flood plain or any river, stream, creek, impoundment, well, watercourse, storm sewer, lake, dammed water, pond, spring, ditch, wetland, water supply or any other body of surface water and ten feet from any utility right-of-way.

(2) Before a person who meets the requirements for a permit-exempt system installs the system, such person shall notify the local agency of the installation. The local agency may charge a fee, not to exceed twenty-five dollars ($25), to verify the system is located in accordance with the siting requirements of subsection (a.1)(1).

(b)(1) Application for permit shall be in writing to the local agency in accordance with the provisions of section 8 of this act,⁴ and shall be made in such form and shall include such data as the department may prescribe.

The local agency shall maintain and make available for public inspection a record of all permit applications submitted, indicating the date received, type of submission and date of disposition.

(2) Permits for on-lot sewage disposal systems shall be issued or denied within the time limits prescribed in this section. Denial of any permit shall be supported by a statement in writing of the reasons for such action.

(2.1) Permits for conventional systems shall be issued or denied within seven days of receipt of a complete initial application. If the initial application is found to be incomplete, the time for acting thereon shall be extended fifteen days beyond the date of receipt of adequate supplementary or amendatory data.

(2.2) In municipalities or local agencies which are not delegated agencies, permits for alternate systems shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant in writing within fifteen days.

(2.3) In municipalities or local agencies which are delegated agencies, permit applications for alternate systems shall be reviewed for completeness, and, if found to be incomplete, the nature of the deficiency shall be communicated to the applicant in writing within fifteen days. Permits for alternate systems shall be issued or denied by the local agency within thirty days of receipt of a complete application.

(2.4) In those cases where a local agency has issued a permit under this section and the department disagrees with the basis for the issuance of the permit, the department shall not require the revocation of that permit unless the department has provided to the local agency justification for its decision based on the specific provisions of statute or regulation.

(3) No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the body which issued the original permit or its authorized representative. If seventy-two hours have elapsed, excepting Sundays and holidays, since the body issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the issuing body.

(4) The local agency shall not issue permits for individual sewage systems or community sewage systems unless the system proposed is consistent with the official plan, a special study or an update revision to the official plan of the municipality in which said system is to be located and the municipality is adequately implementing the official plan, special study or update revision in those areas of the municipality covered by such plan, study or revision.

(4.1) In the event that the municipality has no plan or has not received department approval of an update revision or special study to the official plan or implemented its plan as required by the rules and regulations of the department or by order of the department, no permits may be issued under this section in only those areas of the municipality in which the department finds that there is a serious risk to the health, safety and welfare of persons within or adjacent to the municipality by reason of the municipality's failure to revise or implement its plan until the municipality has submitted the said official plan, update revision or special study to the official plan to, and received the approval of, the department or has commenced implementation of its plan, update revision or special study in accordance with a schedule approved by the department.

(4.2) The limitations on permit issuance contained in paragraph (4.1) shall not apply:

(4.3) The department may, by agreement, delegate to a local agency or county or joint county department of health which has been qualified by the department for receipt of eighty-five percent reimbursement under section 6(c) of this act⁶ the power and duty to require the submittal of and review and approve or disapprove sewage facilities planning for new land development using planning module forms provided by the department. Additionally, the following shall apply:

(4.4) In those areas of the municipality where a revision for new land development or exception to the requirement to revise is required to be approved by the department or a supplement is required to be approved by a delegated agency:

(5) Revisions for new land development, exceptions to the requirement to revise and supplements will not be required and permits for on-lot systems may be issued without such planning where either the department or delegated agency determines that:

(5.1) Revisions for new land development and supplements are not required for subdivisions proposing a connection to or an extension of public sewers where:

(5.2) Where the determination under paragraph (5) or (5.1) of this subsection is made by a delegated agency, that agency shall submit to the department quarterly reports which include the names of the subdivisions, location of the subdivisions, number of lots and projected sewage flow for each subdivision exempted from the planning provisions under this subsection and such other information as may be required under the rules and regulations of the department.

The provisions of this subsection shall not apply to new land development proposals intended to be served by sewage facilities requiring a new or modified permit from the department under “The Clean Streams Law.”

(6) If the local agency determines that: (i) any change has occurred in the physical conditions of any lands which will materially affect the operation of the community sewage system or individual sewage system covered by any permit issued by the local agency under section 7 of this act, or (ii) one or more tests material to the issuance of the permit has not been properly conducted, or (iii) information material to the issuance of the permit has been falsified, or (iv) the original decision of the local agency otherwise failed to conform to the provisions of this act or the rules and regulations of the department, or (v) the permittee has violated the rules and regulations of the department under which the permit was issued, the permit shall be revoked. Such action shall be taken after notice and opportunity for hearing has been given to the permittee.

(7) If construction or installation of an individual sewage system or community sewage system and of any building or structure for which such system is to be installed has not commenced within three years after the issuance of a permit for such system, the said permit shall expire, and a new permit shall be obtained prior to the commencement of said construction or installation.

(8) Upon completion of inspection of deep soil test pits and percolation tests, the inspector shall immediately notify the property owner that the tests are complete. Within three days after receiving such notice, the property owner shall backfill the test pits and holes. Any person who fails to comply with the provisions of this subsection shall be subject to the remedies and penalties provided in sections 12, 13 and 13.1.⁸