Current through Register Vol. 54, No. 50, December 14, 2024
Section 71.72 - Sewage management programs for Department permitted sewage facilities and community onlot sewage systems(a) When an official plan or revision to an official plan for existing needs areas or new land development proposes the construction of Department permitted nonmunicipal sewage facilities, or a community onlot sewage system permitted by a local agency (except for small flow treatment facilities which shall comply with the management provisions of § 71.64(c)(5)) (relating to small flow treatment facilities)) the official plan or revision shall evaluate the options available to assure the long-term proper operation and maintenance of the proposed sewage facilities. The municipality, prior to adoption of that official plan or revision, shall require one or more of the following: (1) A bond or escrow account sufficient to cover the costs of future operation and maintenance of the sewage facilities under local ordinances. Bonding, escrow or other security shall be forfeited to the municipality upon notice by the Department of continuing noncompliance of the system with the operation and maintenance standards established through a condition in the permit issued by the Department or local agency. The municipality shall use the forfeited security to cover the costs of repair or future operation and maintenance of the system over its design life or until the system is in compliance and being properly operated and maintained. The bonding, escrow or other security shall be for an amount up to a maximum of 50% for each of the first 2 years of operation. After 2 years of operation, the bond agreement shall provide for a refund of a portion of the original bond so that only 10% of the cost of the equipment and installation is retained by the bondholder. The remaining bond totaling 10% of the cost of the equipment and installation shall be maintained for the life of the system.(2) A maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.(3) A maintenance agreement between the property owner and municipality or its designated local agency which establishes the property owner's responsibility for operating and maintaining the system and the responsibility of the municipality or local agency for oversight of the system.(4) A municipal ordinance which requires the system to be operated and maintained through a maintenance agreement between the property owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment systems.(5) Establishment of a properly chartered association, trust or other private legal entity to assure long-term administration of an operation and maintenance program.(6) Municipal ownership of the sewage facilities upon completion.(7) Establishment of, or inclusion of, the sewage facilities under a management agency through existing municipal codes, including but not limited to, municipal authorities, sanitary boards and boards of health.(8) Establishment of, or inclusion of, the sewage facilities under a management agency through the adoption of local ordinances under municipal codes.(9) One or a combination of the requirements in paragraphs (1)-(8) or other actions permitted by and consistent with the act and The Clean Streams Law found necessary by the municipality to insure proper installation, maintenance and operation of the proposed sewage facilities. The provisions of this § 71.72 adopted August 13, 1971, effective 8/14/1971, 1 Pa.B. 1649; amended April 28, 1972, effective 5/15/1972, 2 Pa.B. 753; amended February 28, 1975, effective 3/17/1975, 5 Pa.B. 374; amended May 30, 1975, effective 5/31/1975, 5 Pa.B. 1402; reserved January 9, 1987, effective 1/10/1987, 17 Pa.B. 172; amended June 9, 1989, effective 6/10/1989, 19 Pa.B. 2429; amended November 7, 1997, effective 11/8/1997, 27 Pa.B. 5877.The provisions of this § 71.72 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).