25 Pa. Code § 72.41 - Powers and duties of sewage enforcement officers
(a) A sewage enforcement officer has the
power and duty to issue, deny and revoke permits, and to take all other actions
necessary to administer and enforce section 7 of the act (35 P. S. §
750.7), except that a sewage enforcement
officer may not conduct hearings under section 16 of the act (35 P. S. §
750.16).
(b) A sewage enforcement officer shall issue
permits only within the jurisdiction of the local agency in which the sewage
enforcement officer is employed. When a sewage enforcement officer encounters a
conflict of interest as specified in subsections (f)-(k), the local agency
shall employ a certified sewage enforcement officer not having a conflict of
interest regarding the system or lot.
(c) The local agency shall notify the sewage
enforcement officer and the Department in writing of the specific conditions of
employment, including, but not limited to, the following:
(1) The geographic boundaries.
(2) The specific permit applications to be
processed.
(3) The rate of
compensation to the sewage enforcement officer.
(4) The duration of employment.
(d) A sewage enforcement officer
shall accept payment only from the local agency for services performed in
conjunction with administration of the act.
(e) A sewage enforcement officer shall only
accept an application or other processing fees for the local agency under the
following conditions:
(1) The fee is in the
amount prescribed by the local agency's adopted fee schedule.
(2) The fee is rendered in accordance with
the local agency's adopted receipt system as required by §
72.42(a)(7)
(relating to powers and duties of local agencies).
(3) The sewage enforcement officer has
received written direction from the local agency to accept these fees on behalf
of the local agency.
(f) A
sewage enforcement officer may advise an applicant regarding available options
for the planning, design and construction of an individual or community onlot
disposal system, but may not select the final system design, as specified in
subsection (g) except as provided by subsection (i).
(g) A sewage enforcement officer may not
plan, design, construct, sell or install an individual or community onlot
sewage system within the geographic boundaries of the sewage enforcement
officer's authority, as specified by the local agency.
(h) A sewage enforcement officer may not,
orally or in writing, suggest, recommend or require the use of any particular
consultant, soil scientist or professional engineer, or any individual or firm
providing these services where these services may be required or are subject to
review under this article.
(i) A
sewage enforcement officer may not perform consulting or design work or related
services required or regulated under the act within the municipality or local
agency by which the officer is employed or with which the officer has a
contractual relationship unless the services are set in the fee schedule of the
local agency, the fees are paid directly to the local agency and the records
and products relating to consultation or design work are reviewed by and any
subsequent permit is issued by another sewage enforcement officer employed by
or under contract with the same local agency.
(j) A sewage enforcement officer may not
conduct a test, issue a permit, participate in the official processing of an
application or official review of a planning module for an individual or
community onlot sewage system in which the sewage enforcement officer, a
relative of the sewage enforcement officer, a business associate of the sewage
enforcement officer or an employer of the sewage enforcement officer, other
than the local agency, has a financial interest.
(k) For purposes of subsection (j), a
financial interest includes full or partial ownership, agreement or option to
purchase, leasehold, mortgage or another financial or proprietary interest in;
or serving as an officer, director, employe, contractor, consultant, or another
legal or fiduciary representative of a corporation, partnership, joint venture
or other legal entity which has a proprietary interest in one or more of the
following:
(1) One or more lots to be served
by the system.
(2) The development
or sale of the lots to be served by the system.
(3) A contract, either written or oral, to
perform a service in the development of one or more of the lots to be served by
the system. The service may be before or after the fact of development and may
include professional as well as other services.
(4) A contract, either written or oral, to
sell, plan, design, construct, install or provide materials or component parts
for the system.
(l) Prior
to issuing a permit, the sewage enforcement officer shall conduct personally,
observe or otherwise confirm in a manner approved by the Department all tests
used to determine the suitability of a site for an individual or community
onlot sewage system. A sewage enforcement officer shall accept testing
conducted by a prior sewage enforcement officer for the local agency provided
the site, data and prior testing meet the criteria specified in §
72.26(b)-(d).
When a sewage enforcement officer accepts testing by a prior officer, a copy of
the Department's "Verification of Prior Testing" form or other form as may be
specified by the Department, shall be attached to each copy of the permit
application.
(m) Prior to issuing a
permit, the sewage enforcement officer shall confirm that the application is
complete and that the proposed system design is in compliance with the
requirements of the act and this part.
(n) The sewage enforcement officer shall give
timely written notice to applicants or permittees of approval, denial or
revocation of a permit under this chapter.
(o) The sewage enforcement officer shall
advise the local agency of a violation of the act or this part, known to the
sewage enforcement officer, which occurs within the local agency's
jurisdiction.
(p) The sewage
enforcement officer shall advise the local agency of its responsibility to
restrain a violation of the act or this part and shall independently take
action within the scope of his authority necessary to restrain or correct the
violation.
(q) The sewage
enforcement officer shall submit the Department's copy of the completed
Application For Sewage Disposal System, with necessary attachments, within 7
days of acting upon the application.
Notes
The provisions of this § 72.41 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.7b and 750.9); The Clean Streams Act (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
This section cited in 25 Pa. Code § 72.43 (relating to powers and duties of the Department).
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