25 Pa. Code § 72.33 - Well isolation distance exemption
(a) Any minimum distance requirement between
a private well and a proposed absorption area specified in Chapter 73 (relating
to standards for onlot sewage treatment facilities) is not applicable if the
local agency finds that the installation of a proposed individual sewage system
does not pose a threat of pollution to any well on the same lot within the
distance specified by regulation. The minimum distance between a proposed
individual sewage system on the applicant's lot and any wells on any other lot,
regardless of the ownership of that lot, shall meet the minimum horizontal
isolation distances in §
73.13 (relating to minimal
horizontal isolation distances) except as provided in §
73.3(b)
(relating to policy).
(b) If a
repair to a malfunctioning onlot system is being considered under §
73.3(b), the
requirements of this section may be waived at the sole discretion of the local
agency.
(c) The applicant shall
submit a formal written request for a well isolation distance exemption to the
local agency. The request shall include:
(1)
Appropriate groundwater studies.
(2) Payment of fees or costs incurred by the
local agency to review the groundwater study.
(d) Upon receipt of the items required in
subsection (c), a local agency, other than a delegated agency, shall act upon
an application for an exemption under this section within 45 days after receipt
of a request for an exemption. A delegated agency shall act on any application
for an exemption under this section within 30 days after receipt of a request
for exemption.
(e) The local
agency, municipality, sewage enforcement officer and Department will incur no
liability as a result of the local agency granting an exemption under this
section.
Notes
The provisions of this § 72.33 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).
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