25 Pa. Code § 73.77 - General requirements for bonded disposal systems
(a) The local agency shall authorize the
performance of a percolation test, at the owner's expense, when one is
requested in writing by the owner of the property if the local agency
determines soil mottling is present.
(b) If the sole reason for a property not
meeting the requirements for the installation of an individual residential
onlot sewage system is the presence of soil mottling, the local agency shall
issue a permit for an individual residential onlot sewage system designed to
meet the Department's standards when the property owner meets the following
conditions:
(1) A qualified soil scientist,
qualified registered professional geologist, certified sewage enforcement
officer or qualified registered professional engineer, not employed by the
local agency with jurisdiction over the property in question, confirms in
writing that the soil mottling observed in the test pits is not an indication
of either a regional or perched seasonal high water table.
(2) The property owner provides evidence of
financial assurance satisfactory to the local agency in an amount equal to the
cost of replacement of the individual residential sewage system proposed and
the reasonably anticipated cost of remedial measures to clean up contaminated
groundwater to replace any contaminated water supplies and to repair or replace
a malfunction of the onlot system. The local agency may not approve financial
assurance in an amount less than $20,000 or 15% of the appraised value of the
lot and proposed residential dwelling. The terms of the financial assurances
shall be for up to 3 years. The local agency may require a continuation of up
to 2 additional years of financial assurance. The local agency may terminate
the financial assurance requirement at the end of its term consistent with the
act.
(3) The property owner
provides notification to the local agency 7 working days prior to conducting
soil evaluations under this section and a representative of the local agency
may observe the soil evaluations and may review resulting reports and
correspondence.
(4) The property
owner produces evidence of a clause in the deed to the property that clearly
indicates soil mottling is present on the property and that an individual
residential onlot sewage system meeting the requirements of this section was
installed on the property.
Notes
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