Authority
The provisions of this Chapter 71 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); and section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9), unless otherwise noted.
Source
The provisions of this Chapter 71 adopted August 2, 1971, effective August 3, 1971, 1 Pa.B. 1649; amended through May 30, 1975, effective May 31, 1975, 5 Pa.B. 1402, unless otherwise noted.
Notes of Decisions
Applications
Although in matters involving subsurface sewage discharge, this chapter’s planning and permit requirements normally apply, in situations involving sewage systems discharging to the surface, the planning requirements of this chapter and the permit requirements of Chapter 91 apply. Haycock Township v. Department of Environmental Resources, 530 A.2d 514 (Pa. Cmwlth. 1987); appeal denied 544 A.2d 1343 (Pa. 1988).
The Court found reasonable the Environmental Hearing Board’s interpretation that this chapter’s permit requirements alone, apply to all community and individual sewage systems. Haycock Township v. Department of Environmental Resources, 530 A.2d 514 (Pa. Cmwlth. 1987).
Consistency With County Comprehensive Plans
The regulations of this chapter do not require absolute consistency between county comprehensive plans and new sewage facility developments. County of Adams v. Department of Environmental Protection, 687 A.2d 1222 (Pa. Cmwlth. 1997).
Cross References
This chapter cited in 7 Pa. Code § 49.45 (relating to sewage); 7 Pa. Code § 82.10 (relating to sewage disposal); 25 Pa. Code § 72.2 (relating to scope); 25 Pa. Code § 73.1 (relating to definitions); 25 Pa. Code § 73.61 (relating to general); 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements); 25 Pa. Code § 94.1 (relating to definitions); 25 Pa. Code § 94.12 (relat-ing to annual report); 25 Pa. Code § 94.14 (relating to approval of official plans and revisions); 25 Pa. Code § 94.21 (relating to existing overload); 25 Pa. Code § 94.22 (relating to projected overload); 25 Pa. Code § 961.8 (relating to ineligible costs); 25 Pa. Code § 963.7 (relating to application procedure); 25 Pa. Code § 963.12 (relating to ineligible costs); 25 Pa. Code § 965.1 (relating to definitions); and 25 Pa. Code § 965.6 (relating to application procedures).
