$‘ pennsyLvania4dd DEPARTMENT OF ENVIRONMENTAL

PROTECTION

ACT 537: APPEALING A LOCAL AGENCY DECISION

What is a local agency (LA)?

A LA may be a municipality, a combination of municipalities acting cooperatively or jointly, a county, acounty department of health, or a joint county department of health that administers the provisions of thePennsylvania Sewage Facilities Act (35 P.S. §750) (Act ) on the local level. One of the administrativefunctions of the LA is to review applications and issue permits for the installation of onlot sewage disposalsystems. The LA official who reviews applications for onlot sewage disposal system permits and issues thepermits on behalf of the LA is known as the Sewage Enforcement Officer (SEO).

What permitting actions of the LA are appealable?

If the LA either issues or denies a permit for an onlot sewage disposal system after review of a permitapplication, either of these actions would be appealable. The revocation of a previously issued permit is alsoan appealable action. However, a LA finding that the application for an onlot sewage disposal system permitis incomplete is not an appealable action.

Who may appeal a LA permitting decision?

Anyone who disagrees with a LA permitting decision may appeal that action. For example, neighboringproperty owners may appeal the issuance of a permit on an adjoining lot. If an application for a permit hasbeen denied, the affected property owner may appeal the denial. If the LA revokes a permit that it haspreviously issued, the affected property owner may appeal the revocation action.

How much time does the applicant have to appeal a LA permitting action?

The filing deadlines vary depending upon the action being appealed. A written appeal of the issuance ordenial of a permit must be filed within 30 days of the action (issuance of the permit or receipt of the writtennotice of permit denial) or the right to a LA hearing expires. In the case of a permit revocation, the appealmust be filed within 10 days of receipt of the written notice of revocation or the revocation action becomesfinal.

Where can the applicant file an appeal of a LA permitting action?

The appeal must be filed with the LA serving the area in which the permit was issued.

If the applicant is opposed to the issuance of a permit, how will they know when the permit has beenissued?

In order to know when a permit has been issued, the applicant may request to be notified by the LA.Alternatively, they may check for the posting of the permit on the lot. This is required prior to the start ofconstruction of the onlot sewage disposal system.

If the applicant files an appeal of a permit issuance, must construction on the lot stop?

Appeal of an issued permit does not stop construction on the lot; therefore, the appeal should be filed assoon as possible following permit issuance.

If the permit is revoked and the applicant files an appeal of the revocation, may they continue toconstruct the home or sewage system?

Appeal of a revocation does NOT allow construction on the lot to continue. No further construction or use ofthe sewage system or the structure it is to serve may occur until a new permit is issued.

How soon can the applicant expect a hearing of the appeal to be held?

The LA must hold a hearing within 30 days of receipt of an appeal. The LA must inform both the appellantand the Department of Environmental Protection (DEP) of the date, time, and location of the hearing, andmust be prepared to defend its actions during the course of this and any subsequent appeal.

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FACT SHEET

How should the applicant prepare for the hearing?

The applicant should gather any evidence that is available to support their contention that the LA action wasunjustified. They should also make arrangements with any experts or witnesses that they may want to havetestify at the hearing in support of the applicant’s position.

What will happen at the hearing?

At the hearing, the applicant will be given the opportunity to formally present the reasons that they think theLA decision was unjustified. They may have experts or witnesses testify in support of the applicant’sposition, and submit evidence gathered by the applicant or their expert(s). They also may question the SEQor any experts providing testimony or evidence for the LA. The LA, its SEQ and experts, if any, also will begiven the opportunity to present evidence and testimony in support of the [A’s position. After all evidenceand testimony has been presented, the LA will render its decision on the appeal.

How will the applicant know what the LA has decided?

The LA will inform the applicant of its decision in writing within a reasonable time, usually two to four weeks.What are the options if the LA does not find in the applicant’s favor?

In the event of an unfavorable decision, the applicant may choose to appeal the LA’s decision to the countyCourt of Common Pleas

Whom should be contacted if the applicant wants additional information regarding filing an appeal ofa permitting action?

The LA is solely responsible for appeals of permitting actions. The applicant or their representative shouldcontact the LA for more information.

For more information, visitwwwdeppa.gov and click on ‘Regional Resources.”

Commonwealth of Penn,yWwla Department of En vimnmantal Fmtaeiffin

#“ pennsylvaniaDEPARTMENT OF ENVIRONMENTALPROTECTION

Act 537: Resolving Complaints about Malfunctioning Onlot SewageDisposal SystemsUnder the Pennsylvania Sewage Facilities Act (Act 537 of 1966, as amended), local governments havesubstantial powers and primary responsibilities for administering and enforcing major portions of the Act 537sewage facilities program. Among the many responsibilities:

• A municipal government (such as a township board of supervisors, borough council or city council) mustdevelop and implement an approved official sewage facilities plan that addresses existing sewagedisposal needs or problems.

• A local agency must implement the permitting program for the installation, modification or repair of onlotsewage disposal systems. The local agency, through its Sewage Enforcement Officer (SEQ), mustinvestigate complaints about malfunctioning onlot systems and, if necessary, take enforcementactions to ensure proper repairs.

This fact sheet provides information on the roles and responsibilities of local agencies and their SEOs inhandling and resolving complaints about malfunctioning onlot sewage disposal systems. Onlot systems arecommonly referred to as “septic” systems.

What is a LocalAgency?

A local agency may be a municipality, a combination of municipalities acting cooperatively, or a countydepartment of health, and is responsible for administering the onlot sewage disposal permitting andenforcement provisions of Act 537. A local agency must employ a certified SEQ to perform activitiesincluding: 1) issuing, denying or revoking onlot system permits; 2) inspecting newly-installed systems toensure proper installation; and 3) investigating and resolving onlot system malfunction problems. Thecertified SEQ is employed by, and works for, the local agency, not the Pennsylvania Department ofEnvironmental Protection (DEP).

Local agencies, usually through their SEOs, are by law responsible for investigating complaints ofmalfunctioning onlot systems and ensuring that the malfunctions are properly repaired. Where systemrepairs are not made voluntarily, local agencies must take enforcement actions against responsible propertyowners. (The local agency is also responsible for taking action against property owners with illegal onlotsystems that were installed without prior permit approval.)

Where and how should onlot system malfunctions be reported?

Complaints about malfunctioning septic systems should be reported directly to the local agency, SEQ or thelocal government officials (township, borough or city officials) with jurisdiction in the municipality where themalfunction exists. Depending on each municipality’s rules and procedures, complaints may have to bemade in writing. Complaints received by DEP’s service representatives will be directed to the appropriatelocal agency and/or SEQ.

What should happen once a complaint is received?

When a certified SEQ or local official receives a complaint, the local government should take the followingsteps:

• The local agency may issue a letter notifying the property owner of the alleged malfunction and allowingfor voluntary compliance if a malfunction exists. Some local agencies bypass this step and first requirethe certified SEO to conduct an initial site investigation to document the conditions, If there is amalfunction, the SEQ will try to determine the causes of the malfunction and decide the extent of therepair needed to correct the problem. Corrective action may be as simple as requiring a septic tank to becleaned, or as complex as installing a new system at a new location.

• The local agency may issue a Notice of Violation to the responsible property owner reguiring the submission of a sewage permit application for the proper system repair. The local agency can oftenpersuade the responsible property owner to take appropriate corrective action. If the responsible

FACT SHEET

property owner fails to voluntarily take proper corrective action, the local agency and SEC should takeappropriate legal actions, generally with the assistance of the municipal solicitor.

• The SEQ issues the responsible property owner a permit to repair or replace the malfunctioning systemafter any necessary site testing has been done and an acceptable system design has been submitted.

• The responsible property owner begins the repair or replacement activities as approved by the permit.

What should the person making a complaint expect from the local agency and SEO?

The local agency or SEC should acknowledge a complaint and investigate serious complaints in a timelyfashion. Normally, the SEQ should contact the owner of the alleged malfunction within one week of receivingthe complaint. An actual site visit, if necessary, should be scheduled promptly.

The person making the complaint should not expect a final resolution of a serious malfunction to occurovernight. The various steps to resolve a serious malfunction—investigating the site; testing soils;processing the sewage permit application; designing the repair system; and conducting the repair—taketime. Also, the timing of the field activities is dependent on the weather. Heavy rains or frozen soils coulddelay the repair or replacement activities until conditions improve.

If legal action is required to get the responsible property owner to resolve the serious malfunction, additionaldelays can be expected. Complainants need to give their local officials adequate time to do the job.

What happens if the malfunction problem is not resolved?

If the responsible property owner fails to repair the malfunction, the complainant should go back to the localagency and renew the complaint. That person also may wish to seek private legal assistance to help resolvethe matter.

What are DEP’s roles and responsibilities for resolving malfunction problems?

Act 537 explicitly gave the responsibility for investigating and resolving malfunction problems to localagencies, not to DEP. For that reason, DEP does not ordinarily get involved directly in matters that arestrictly the responsibility of local agencies.

DEP REGIONAL OFFICES

Northwest Region230 Chestnut St.Meadville, PA 16335-3481Main T&ephone: 814-332-694524-Hour Emergency: 800-373-3398

Counties: Butler, Clarion, Crawford,Elk, Erie, Forest, Jefferson, Lawrence,McKean. Mercer Venango andWarren

North-central Region208W. Third St., Suite 101Williamsport, PA 17701-6448Main Telephone: 570-327-363624-Hour Emergency: 570-327-3636

counties: Bradford, Cameron,Cleadield, Centre, Clinton, Columbia,Lycoming. Montour, Northumberland,Potter. Snyder, Sullivan, Tioga andUnion

Northeast Region2 Public SquareWilkes-Barre, PA 18701-1915Main Telephone: 570-826-251124-Hour Emergency: 570-826-2511

Counties: Carbon, Lackawanna,Lehigh, Luzeme, Monroe,Northampton, Pike, Schuylkill,Susquehanna, Wayne and Wyoming

Southwest Region400 Waterfront DrivePittsburgh, PA 152224745Main Telephone: 412-442400024-Hour Emergency: 412-442-4000

Counties: Allegheny, Armstrong,Beaver. Cambria, Fayette. Greene,Indiana, Somerset, Washington andWestmoreland

South-central Region909 Elmerton Ave.Harrisburg, PA 1711Main Telephone:24-Hour Emergency:

Counties: Adams, Bedford, Berks,BlaTh Cumbedand, Dauphin, Franklin,Fulton, Huntingdon, Juniata, Lancaster,Lebanon. Miff/in, Perry and York

Southeast Region2 E. Main St.Norristown, PA 19401-4915Main Telephone: 484-250-590024-Hour Emergency: 484-250-5900

Counties: Bucks, Chester. Delaware,Montgomery and Philadelphia

For more information, visit www.deo.state.pa.us, keyword: Sewage.

0-8200717-705-4700866-825-0208

Commonwealth olPennsyivanla D.paflment of Envktnmental Protection

$T pennsylvaniara DEPARTMENT OF ENVIRONMENTALPROTECTION

ACT 537: SALES CONTRACT DISCLOSURE REQUIREMENTS

The Pennsylvania Sewage Facilities Act (Act 537) requires every contract for the sale of a lot where there is notan existing community sewage system available, to contain language notifying the buyer of this fact. Otherlanguage indicating what actions are necessary to obtain a sewage disposal permit for the lot, or notifying thebuyer of unusual circumstances surrounding sewage disposal on the lot, may also be required. This fact sheetanswers frequently asked questions about required sales contract language.

When does Act 537 require sales contract language?

Act 537 requires the inclusion of advisory language in the sales contract for a building lot whenever certainspecified situations occur. These include:

• The sale of a lot that does not have access to a community sewage system, and therefore must be served byan individual sewage system;

• The sale of a lot that is served by an individual sewage system installed under the 10-acre permit exemptionprovisions of Act 537;

• The sale of a lot served by a holding tank, whether permanent or temporary;• The sale of a lot where the required horizontal isolation distance between the well and sewage system is not

met;• The sale of a lot located within an area where limitations on permit issuance are in effect; or• The sale of a lot where a required revision for new land development, exception to the requirement to revise

or supplement has not been approved by the Department of Environmental Protection (DEP) or a delegatedlocal agency.

Why does Act 537 require sales contract language in these situations?

The intent of the sales contract language is to ensure that the buyer of the lot is aware of any unusualcircumstances surrounding sewage disposal on the lot. However, it does not substitute for careful investigation onthe buyer’s part.

If a lot does not have access to a currently existing community sewage system, what language mustappear in the sales contract?

Language similar to the following must be included in the sales contract:This lot does not have access to a currently existing community sewage system. A permit for an individual

sewage system must be obtained from the local agency in accordance with Section 7 of the PennsylvaniaSewage Facilities Act. The buyer should contact the local agency charged with administering the act beforesigning this contract, to determine the procedure and requirements for obtaining a permit for an individual sewagesystem if one has not already been obtained.” -

What language is required if the lot in question was created under the 10-acre permit exemption provisionof Act 537?

Language similar to the following is required:

“Soils and site testing relating to the suitability of this lot for the installation of a sewage disposal system have notbeen conducted. The owner of the property served by the sewage disposal system installed on this lot at the timeof a malfunction may be liable for any contamination, pollution, public health hazard or nuisance which may occuras a result of the malfunction.’

What language must be included in sales contracts for lots served by holding tanks?The sales contract for a lot served by a holding tank must contain language similar to the following:With respect to sewage disposal, this properly is served by a holding tank instead of a conventional sewage

disposal system. The holding tank is designed and constructed for the temporary storage of sewage and tofacilitate ultimate disposal of the sewage at another site approved by the Department of Environmental Protection.It has costs_________ per year to maintain the holding tank since the date of its installation.’

FACT SHEET

If a lot received a waiver of the isolation distance between the well and onlot sewage disposal systemcomponents, what advisory language must appear on the sales contract?Sales contract language similar to the following is required:

‘With respect to a well located on this property (or at a designated location on this property), the onlot sewagedisposal system components were not installed in conformance with the minimum isolation distances betweenonlot sewage systems and wells specified in regulations of the Department of Environmental Protection at Title 25Pennsylvania Code Chapter 73.”

If a lot was created in an area subject to the limitations on permit issuance contained in Act 537, whatlanguage must appear in the sales contract?

The contract of sale must include a statement similar to:

‘Sewage facilities are not available for Lot # in the

________

Subdivision, and sewage facilities will not beavailable and construction of any structure requiring sewage facilities may not begin until

____________

Townshiphas completed, and DEP has approved, a major planning requirement in accordance with the provisions ofSection 7(b)(4.1)(ii) of the Pennsylvania Sewage Facilities Act (35 P.S. Sec. 750.7(b)(4.1)(ii)).”If sewage facilities planning (a revision, exception or supplement to the municipal Official SewageFacilities Plan) has not been approved by DEP or a delegated local agency for a lot, what language mustappear in the lot’s sales contract?

“Sewage facilities are not available to serve this lot. Sewage facilities will not be available, nor may constructionbegin on this lot, until sewage facilities planning has been approved by DEP or a delegated local agency servingthis area, as appropriate.”

Must the sales contract language be included only in the sales contracts for new lots, or must it beincluded for every sale of a lot affected by one of the specified conditions?The sales contract language must be included in the contract for each sale of the affected lot for as long as thecondition remains. If the condition triggering the sales contract language requirement is removed, the language isno longer required.

What happens it the required language is not in the contract?

If the required sales contract language does not appear in the sales contract, the contract is not enforceable bythe seller against the buyer. Further, should the contract contain language that attempts to waive the buyer’srights to any of the required disclosures, the contract is void.

For more information, visit www.dep state.pa.us, keord: Sewage or click on “Regional Resources.”

Commonwo.ithofP.onsylranla Department of Environmental Protection

#‘a pennsylvaniaAbS DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Act 537 - Understanding Holding Tanks

Citizens, landowners, prospective homebuyers and developers have many questions about the use of holdingtanks far sewage disposal. This fact sheet discusses a few of the recurring concerns and questions about holdingtanks.

What is a holding tank?

As defined in the Department of Environmental Protection (DEP) regulations (Title 25, Pa. Code, Sectionavailable on-line at wwwpacodecom), a holding tank is “a tank, whether permanent or temporary, tosewage is conveyed by a water carrying system,” Further, it is “a watertight receptacle that receives andsewage and is designed and constructed to facilitate ultimatedisposal of sewage at another site.”

Is a holding tank the same as a septic tank?

No, they are not the same. Holding tanks (Figure 1) andseptic tanks (Figure 2) are very different structures. Againreferring to Title 25, Pa. Code, Section 73.1, a septic tank is“a treatment tank that provides for anaerobic (oxygen-poorconditions) decomposition of sewage prior to its discharge toan absorption area.” This treatment function is the first of twomajor differences between a septic tank and a holding tank.Holding tanks do not treat sewage; they merely store sewagethat will be treated at another location. The second differenceis that septic tanks discharge partially treated sewage (calledeffluent) into the soil for final treatment through an outlet.Holding tanks have no such outlet.

Are cesspools similar to either holding tanks or septic tanks?

tanks. A cesspool ispermitted in modem

A cesspool may be described as an “igloo like” structure, built of loose (withoutmortar) rock or building blocks, that is buried underground. Cesspools are notwatertight and allow the sewage entering them to drain into the surroundingarea. Constructed from the late 19th to the mid 20th centuries, these agingfacilities can become unstable and dangerous. Figure 3 depicts a collapsedcesspool that previously served a single-family residence. Unlike septic tanks,cesspools provide very lift le treatment to sewage before releasing it to theenvironment and unlike holding tanks, cesspools do not retain sewage fortreatment elsewhere.

How is a holding tank cleaned?

The sewage in a holding tank must be periodically removed by a pump truckand taken to another permitted location for treatment. In Pennsylvania, the costfor this service varies with the volume of the tank, the difficulty in reaching thetank and the geographic location within the commonwealth. An informal survey,conducted in 2008, revealed the cost of pumping an average-sized tank rangedfrom $150 to $330 per service.

How quickly does a holding tank fill up?

How quickly a holding tank fills up depends on the size of the tank and thevolume of sewage generated. The minimum capacity of a holding tank isestablished by DEP regulations (Title 25, Pa. Code, Section 73.62), as “1000

FACT SHEET

73.1which

retains

a.—Wa——

Cesspools are not similar to either septic tanks or holdingan outdated method ot sewage disposal that is notregulations.

Figure 1. Holding Tank Figure 2. Septic Tank

Figure 3. Collapsed Cesspool

gallons or the volume equal to the quantity of waste generated in three days, whichever is greater.’ If ahousehold generates 250 gallons per day (gpd) of sewage, a 1,000-gallon holding tank will overflow in four days.

How will I know when the holding tank is full?

Holding tanks are required to have a warning device, with an audio and visual signal, that will indicate when thetank is filled to 75 percent of its capacity. This warning should provide sufficient time for the owner to have theholding tank pumped out prior to it overflowing or backing up into the structure.

Wouldn’t it be expensive to pump out a holding tank every three days to prevent it from overflowing?

Yes, it would become very expensive overtime. On a three-day pump schedule, over the course of just one year,the tank would be pumped 122 times. At even the lowest figure of $150 per pumping, it would cost $18,300 todispose of this sewage for only one year. When compared to public sewer rates of $400 to $600 per year, clearlya holding tank represents the most expensive method of sewage disposal. It is for this reason that DEPdiscourages their use.

If they are expensive to service, why would anyone use a holding tank?

Holding tanks are most frequently installed to replace (ailed onlot sewage disposal systems that cannot berepaired in any other fashion. As such, holding tanks represent a repair of last resort.” Under certaincircumstances, holding tanks may also be used in new construction. Holding tanks may be used with minorrestrictions, to serve new institutional or commercial facilities generating sewage flows of less than 800 gpd andwith greater restrictions, as temporary service for new residential facilities pending extension of public sewerservice. Restrictions for the use of holding tanks are found in Title 25, Pa, Code, Section 71.63 (available on-lineat www.oacode .com).

I want to build a hunting cabin with indoor plumbing or add indoor plumbing to my existing cabin. Since itwill only be used a short time each year, can I use a holding tank?

It is a fact that, over time and changing ownership, many seasonal facilities like hunting cabins and vacationcottages evolve into year-round residences. With this evolution in mind, even seasonal sites must demonstratecapability of supporting a sewage system able to serve a full time residence. Therefore, sufficient site suitabilitytesting, such as percolation and soils probe tests, must be conducted to identify and protect a location suitable forthe installation of an onlot sewage disposal system to service a structure with indoor plumbing. In this way,seasonal use cottages and even hunting cabins are prepared for long-term residential use. Modern regulations donot provide for long-term holding tank service to residential type structures. Even interim use of a holding tank fora cabin is allowed only if the municipality’s official sewage facilities plan (Act 537 Official Plan) schedules a short-term replacement of the holding tank with a permanent long-term facility such as a public sewer line. Generallyspeaking, cabins without indoor plumbing rely on privies for sanitary facilities, while cabins with indoor plumbingutilize on-site septic systems, not holding tanks.

I am thinking about buying a cottage for seasonal use that currently has an old privy. With what I havejust read about holding tanks, what should I be concerned with as I investigate this property?

The greatest concern would be purchasing a property that has no future method of sewage disposal. The greatestprotection against such a problem is to become informed about the property. Ask the seller about the sewagefacilities planning status of the property. It should have received planning approval from the local municipality andDEP or predate this requirement (prior to May 15, 1972). Ask about sewage disposal permit status and sitesuitability testing. Ask for copies of any permits issued and for soil test reports. Discuss the property’s potential forsewage disposal with the Sewage Enforcement Officer employed by the municipality where the property islocated. Privy standards have changed over the years, and an examination of the privy’s construction can revealmuch information. Modern privies are built above a watertight vault, while substandard privies use a pit dug in theground. The combination of a privy and a pressurized water system (within the structure) is not allowed in modernregulations and is a situation that shoutd cause a prospective buyer to ask questions about waste disposal. Donot make the mistake of assuming that upgrading a privy to a holding tank is an available option. Pit privies areroutinely upgraded to vault privies, not holding tanks. Conversion to holding tanks use is rarely an acceptablealternative.

For more information, call the local DEP regional office or visit www dep state.pa.us, keyword: Sewage. Regionaloffice service areas and contact numbers are found on the DEP website.

Commonwealth of Pennsylvania Dopadmont of Environmental Protection

$Y pennsylvaniar4 DEPARTMENT OF ENVIRONMENTALPROTECTION

WHAT TO DO WITH YOUR SEPTIC SYSTEM AFTER A FLOOD

After flood waters have receded, remember:

• Do not drink well water until it is tested. Contact the local health department.

• Do not use the onlot sewage system until water in the soil absorption field is lower than the waterlevel around the house.

• Have the septic tank professionally inspected and serviced if there is suspected damage. Signs ofdamage include settling or an inability to accept water. Most septic tanks are not damaged byflooding since they are below ground and completely covered. However, septic tanks and pumpchambers can fill with silt and debris, and must be professionally cleaned. If the soil absorption fieldis clogged with silt, a new system may have to be installed.

• Only trained specialists should clean or repair septic tanks because tanks may contain dangerousgases. Check the local phone book for a list of septic system contractors who work in the area.

• If sewage has backed up into the basement, clean the area and disinfect the floor. Use a chlorinesolution of a half cup of chlorine bleach to each gallon of water to disinfect the area thoroughly.

• Have the septic system pumped by a qualified contractor as soon as possible after the flood. Besure that both the tank and lift station are pumped. This will remove silt and debris that may havewashed into the system. Remember: The tank should not be pumped during flooded or saturateddrainfield conditions. Under worst conditions, pumping it out could cause the tank to try to float outof the ground and may damage the inlet and outlet pipes.

• Do not compact the soil over the soil absorption field by driving or operating equipment in the area.Saturated soil is especially susceptible to compaction, which can reduce the soil absorption field’sability to treat wastewater and lead to system failure.

• Examine all electrical connections for damage before restoring electricity.

• Be sure the septic tank’s manhole cover is secure and that inspection ports have not been blockedor damaged.

• Check the vegetation over the septic tank and soil absorption field. Repair erosion damage and sodor reseed areas as necessary to provide turf grass cover.

Tips to prevent sewage back up into the home:

• Plug all drains in the basement and drastically reduce water use in the home.

• Do not use the system if the soil is saturated and flooded. Conserve water as much as possible.

• Septic systems with pump chambers can be clogged by silt during times of flooding; take measuresto prevent any silt from entering the system.

• Do not open the septic tank for pumping while the soil is saturated; this can lead to silt entering thedrainfield.

• Avoid any work on or around the disposal field while the sail is still wet or flooded to prevent ruiningthe soil conductivity.

• If the septic system backs up into the house, check the tank for outlet blockage as flooding willcause fats and grease in the tank to float and potentially clog the outlet tee.

• Ensure any electrical or mechanical devices in the system avoid contact with the flooded systemuntil it is dry and clean.

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FACT SHEET

• Mud and sediment have a tendency to clog filters and aerobic units during a flooding event; thesesystems will need to be washed and raked to prevent clogging.

Note: If the septic system that receives chemicals backs up into a basement or drain field, take extraprecautions to prevent skin, eye and inhalation contact. The proper clean-up depends of whatchemicals are found in the wastewater.

You should also contact the local municipality or SEQ for additional advice and assistance.For more information on onsite/decentralized wastewater systems, call the National EnvironmentalServices Center at 800-624-8301 or visit their website at www.nesc.wvu.edu.Adapted from a U.S. Environmental Protection Agency Publication, Septic Systems—What to Do after the Flood.

For more information, visit www.dep.state.pa.us, keyword: Sewage or click on “Regional Resources.”

Commonwealth of Pennsylnnha Deoaflmsnt of EnvmnmpnrnlPmtpetlnn

$‘pennsy1vania41

DEPARTMENT OF ENVIRONMENTALPROTECTION

ACT 537 - SEWAGE MANAGEMENT PROGRAMSTreatment Tank Pumping Is Fundamental — Part I

Effective sewage management programs (SMPs) require the regular pumping of onlot system treatmenttanks. In every type of onlot sewage system. one or more treatment tanks provide the first level of sewagetreatment—called primary treatment. After wastewater enters the treatment tanks, the heavier solids sink tothe bottom of the tank, and the lighter scum floats to the top of the wastewater. With the help of baffles andsolids retainers, the treatment tanks are designed to keep solids and scum from leaving the tanks andentering the absorption area.

Pumping treatment tanks on a regular schedule to remove solids and scum that build up is critical toensuring proper treatment tank operation and overall system performance. Although treatment tank pumpingin itself is a relatively straightforward operation, municipalities will want to effectively address pumping intheir SMPs to make sure it is administered properly and smoothly on behalf of their residents. This fact sheetwill introduce the requirements of treatment tank pumping and explore how pumping should be conductedand managed as part of a municipality’s SMP.

What do municipalities require with regard to treatment tank pumping?

The Pennsylvania Sewage Facilities regulation, 25 Pa. Code § 71.73(b)(2)(i), requires removal of septage orother solids from treatment tanks once every three years or whenever an inspection program reveals thatthe treatment tanks are filled with solids in excess of 1/3 of the liquid depth of the tank or with scum inexcess of 1/3 of the liquid depth of the tank. This section of the Department of Environmental Protection’s(DEP’s) regulations, as well as others, is available on The Pennsylvania Code website.

In light of this requirement, most SMPs currently operating in Pennsylvania require pumping of treatmenttanks once every three years. Some SMP5 have reduced frequencies for treatment tank pumping, and otherprograms make allowances for treatment tank pumping in situations where low sewage flows are indicated.However, technically, these variations to extend treatment tank pumping must be confirmed throughinspection programs that document the volume of solids and/or scum in the individual treatment tank.

In this same vein, it is possible for SMP5 to base pumping frequencies on the solids and scum volumesmeasured individually in treatment tanks during tank inspection. In this way the required frequency ofpumping can be adjusted to the specific needs of each treatment tank and property situation.

How do municipalities determine a pumping schedule?

Most SMP5 in Pennsylvania do not attempt to have all the treatment tanks in their municipality or coveragearea pumped out at one time. Rather, they stagger pumping to better distribute and control the number oftanks to be pumped in any given year. Since most management programs opt to require pumping everythree years, most programs also divide their coverage areas into districts and so apportion the pumping bydistrict across the three-year interval. For many programs this means simply dividing the coverage area intothree pumping districts and requiring pumping in one district each year.

There are many formulas and criteria that SMPs have used to establish pumping districts. Most programsestablish contiguous districts using natural and/or political boundaries as dividing lines. This type ofdistricting serves to concentrate pumping efforts, which can make pumping easier for septage pumpers toaccomplish.

However, some management programs have structured districts based on other specific criteria suitable totheir needs. For example, one rural SMP faced difficulty finding useable boundaries and so chose to divideits districts by street numbers. (Properties having street numbers ending in 0, 1, or 2 are in district one,properties with street numbers ending in 3, 4, or 5 are in district two, and properties with street numbersending in 6, 7, 6, or9 are in district three.) This arrangement has not adversely affected the ability ofseptage pumpers in the area and is easy for property owners to remember.

FACT SHEET

Some programs have established one or more districts around critical sewage needs areas and haveaddressed those districts first. Others have sought to balance numbers of onlot systems and associatedtreatment tanks to be addressed in each district. Still others have sought to target easier districts the firstyear and address more numerous or difficult districts in years two or three once the program is mareexperienced. With so many possible ways to distribute treatment tank pumping, a municipality must decidewhat will work best based on its individual situation and needs.

How is pumping conducted?

Most SMPs in Pennsylvania administer treatment tank pumping by notifying property owners of therequirement to pump their treatment tank(s) and then obligate the property owner to individually contractwith a commercial septage pumper to have the pumping conducted. In most cases either the septagepumper or the property owner is required to submit to the management program a written invoice ormanifest documenting that the pumping of the treatment tank(s) associated with the onlot system at thatproperty was cDmpleted.

Alternately, some management programs contract directly with one or more septage pumpers and directpumping of treatment tanks with particular systems and properties according to the management program’sschedule (or other criteria they may appropriately establish). The septage pumper(s) then coordinatesdirectly with the management program to document the completion of tank pumping. In these situations, theproperty owner is notified that pumping of his or her treatment tank(s) is to be conducted.

A third option would be for a SMP to purchase its own pumping equipment and conduct treatment tankpumping using qualified in-house staff. This option has, thus far, been practiced only rarely in Pennsylvania.$ny cost for operation and maintenance conducted directly by the SMP would not be eligible forreimbursement under DEP’s Sewage Facilities Act Enforcement Reimbursement program, which annuallyreimburses costs associated with the staffing and administration of SMPs. Such costs would instead have tobe defrayed through fees charged to property owners or by other appropriate means.

Additional information on good practices and rules of thumb to help administer and make treatment tankpumping a successful part of an SMP can be found in “Treatment Tank Pumping Is Fundamental - Pad II(3800-FS-DEP4343).”

For more information, visitwww.dep.state.paus, keyword: Sewage or click on “Regional Resources.”

Commonwealth of Pennsylvania Department of Environmental Protection

#‘ pennsylvaniaDEPARTMENT OF ENVIRONMENTALPROTECTION

ACT 537 - SEWAGE MANAGEMENT PROGRAMS

Treatment Tank Pumping Is Fundamental — Part II

This fact sheet expands the information provided in Treatment Tank Pumping Is Fundamental - Part Ion how to develop a successful treatment tank pumping plan as part of a sewage managementprogram (SMP).

How should a municipality best manage treatment tank pumping as part of the SMP?

The management of treatment tank pumping as part of a SMP helps to maintain control and keeppumping proper and orderly. A municipality should consider the following points when establishingtreatment tank pumping requirements and policy under their SMP.

• It is recommended to establish specific standards andlor methods by which treatment tanksare to be properly pumped. Such standards can be established either directly in ordinance or aspolicy or resolution that is referenced by ordinance. In this way septage pumpers can better beinformed about how pumping should be conducted.

• It can be beneficial to require registration or licensing of septage pumpers (as well as otherservice providers) who wish to operate in the SMPs coverage area. Management programs can,if desired, establish specific qualifications that septage pumpers should meet and can bettermanage the activity of septage pumpers operating in their coverage areas.

• Most SMPs designate where septage is to be disposed by septage pumpers. Many requirethat septage be disposed at DEP-permifted sites or facilities (which may include sewagetreatment facilities, landfill facilities, or land application sites). However, some SMPs haverequired that septage be disposed at designated treatment facilities either under the control ofthe management program or municipality or where agreements are in place for the disposal ofseptage. Most programs also require some form of manifesting of the septage handling at eachproperty. This usually consists of documenting at least the amount of septage pumped and thelocation of septage disposal. Ensuring the ability for septage disposal is an important step that isoften overlooked during management program development.

• Many SMPs limit the requirement for treatment tank pumping to the drier months of theyear, so property owners are not unduly hampered by wet site conditions or inclement weatherin meeting pumping requirements.

• Some SMPs require permitting of treatment tank pumping and use the nominal feeassociated with these permits to support administration of the management program. However,there are many ways in which to establish management program fees and/or defray the costs ofmanagement program administration.

• Many SMPs in Pennsylvania have established procedures to adjust the frequencies oftreatment tank pumping in light of low sewage flows occurring at individual properties. Suchadjustments to extend pumping frequencies should be verified by actual solids and scum levelmeasurements conducted as part of an inspection program.

• It may be a good idea to establish a schedule for inspection or observation of system conditionsin conjunction with treatment tank pumping. Many SMPs have observations conducted byseptage pumpers, whereas sewage enforcement officers or duly authorized representatives ofthe sewage management program conduct formal inspections. The results of observationsand/or inspections are then reported to the management program.

FACT SHEET

The results of inspections or observations are evaluated by the management program and/orthe local agency, and, where needed, the local agency Sewage Enforcement Officer (SEO) canconduct a follow up investigation. Only the local agency SEO can make determinationsconcerning onlot system malfunctions. Observations or inspections conducted as a part ofpumping provide an excellent way to track the status and condition of onlot systems within themanagement program and to reveal and correct deficiencies before they become problems orthe source of system malfunctions.

• Most SMPs provide for one or more reminder notifications to property owners who have notcomplied with pumping requirements in a timely manner. Such additional notices and otherefforts can often bring about voluntary compliance and so preclude the need for legalenforcement actions.

• A favorable outcome is more likely if the district magistrate is educated about the purpose andgoals of a SMP prior to any enforcement action.

What aids and resources are available to help municipalities?

The following resources are available for additional information on SMPs:

• ‘A Guide to Preparing Act 537 Update Revisions” (362-0300-003) Access DEP’s eLibrary,Technical Guidance Final Documents

• National Environmental Service Center at wwwnescwvuedu.

For more information, visit www.deo.state.oa.us, keyword: Sewage or click on ‘Regional Resources.”

Commonwealth of Pennsylvania Department of Environmental Protection

$P pennsylvania4s DEPARTMENT OF ENVIRONMENTALPROTECTION

Act 537: SEWAGE MANAGEMENT PROGRAMS

Ensuring Long-Term Use of Onlot Systems through Proper Operation and Maintenance

The Pennsylvania Sewage Facilities Act (35 P.S. §750) (Act) requires all municipalities to develop and maintainan up-to-date sewage facilities official plan (Official Plan) to protect public health from diseases, prevent futuresewage treatment problems, and protect the quality of the state’s surface water and groundwater. As part of anOfficial Plan Update, the municipality should consider developing a sewage management program (SMP). Such aprogram to ensure the operation and maintenance (0 & M) of onlot sewage systems should be established beforemalfunctions are widespread in an area. Malfunctioning onlot treatment systems can endanger public health,degrade the environment, and reduce property and community value by discharging onto public areas, privateproperty, or contaminating receiving waters including drinking water supplies.

Properly designed and installed onlot treatment systems function better and longer with regular maintenance.SMPs ensure that onlot sewage treatment systems are properly operated and maintained. If 0 & M activities areneglected, systems can either fail completely or may function well below their capabilities. This can quickly negatethe efforts of a municipality in assuring public health protection through requirements for proper design andinstallation of these systems.

Municipal SMPs can be as simple or as comprehensive as needed and may be based on each municipality’sparticular needs and resources. This fact sheet explains the importance of municipal SMPs and how they aredeveloped by municipalities to meet their needs for individual and community onlot sewage systems.

Why should my municipality manage onlot systems?

Most municipalities have areas that can never be physically or cost-effectively served by public sewer facilities.Areas may contain suitable soils but have scattered malfunctioning onlot treatment systems that can cause publichealth and other hazards. Malfunctioning individual onlot systems will also often be found in areas that have poorsoils and/or small lot sizes. It may become impossible to repair or replace these systems on an individual lot-by-lot basis. If a municipality is faced with this latter situation, assess the options for using community onlot systemsto meet long-term needs. In any case, repairing onlot systems as they malfunction typically will not solve theproblem permanently until regular management and maintenance of onlot systems is established to help keep theproblems that lead to malfunctions from recurring.

What options are available for establishing a SMP?

Municipalities have established numerous approaches to sewage management in Pennsylvania. While existingmanagement programs range from simple pumping or maintenance permit programs to more complex municipalinspection programs, municipalities should base the SMP on the specific needs and resources in their jurisdiction.

In developing a SMP for your municipality, choose from a variety of possible management service options andadministrative altematives. Management options for onlot systems may include such services as:

• Public and homeowner education;• Regular pumping of tanks:• 0 & M activities tailored to specific onlot systems or treatment components;• Testing and monitoring procedures to assess the quality of effluent treatment; and/or• Periodic inspections to determine system integrity and operational performance and more.

Administrative alternatives for delivering or ensuring the program’s management services can range from:

• Maintenance contracts established between a homeowner and the manufacturer, or a third-partymaintenance provider;

• Operating permits issued by the municipality based on the system’s compliance with particular quality oroperating standards;

• Direct provision of management services by the municipality or an established service utility; or• Direct ownership and management of onlot systems by the municipality or an established utility.

__ ______________

FACT SHEET

There are many examples and variations of these management service options and administrative alternatives inuse in municipalities across Pennsylvania. The local Department of Environmental Protection (DEP)representative can help you learn more about existing SMPs.

Are there minimum requirements for SMPs?

There are minimum requirements only if a SMP is required by regulation. Maintenance standards are listed in25 Pa. Code §71.73 to make sure that management programs carry out at least the minimum activities necessaryto maintain onlot systems. This section of DEP’s regulations, as well as others, is available on The PennsylvaniaCode website.

Some of the minimum requirements include:

• Removal of septage from the treatment tanks once every three years or following a tank inspection thatreveals the need for septage removal (when the tank is determined to be more than 1/3 full);

• 0 & M of the treatment components and appurtenances that make up the system;• Maintenance of surface contouring around the system to divert stormwater and to protect the system from

damage;• Water conservation requirements;• Provisions for septage pumping and disposal; and• Requirements for holding tank maintenance.

How can the municipality begin managing onlot systems?

The first step in the process is for the municipality to assess available administrative, technical, financial, andmanagement options by preparing an update revision to its Official Plan. The update revision should provide foridentification of all onlot systems and a determination of their operational status. Such factors as the suitability ofsoils, underlying geology, and any peculiar environmental conditions that could impact the continued long-termuse of onlot systems are also examined.

Using this information, the various options to ensure performance of routine 0 & M for new and existing onlotsystems are identified and compared.

Ultimately, the specific options and alternatives for a SMP that best fits with the municipality’s resources andneeds are selected for implementation. In connection with the management program, the plan should alsoevaluate required needs for septage handling (septage haulers, septage disposal options, etc.) and developappropriate administrative and legal procedures.

Finally, to allow implementation, the Official Plan must establish an ordinance that legally authorizes themunicipality’s program to manage onlot systems.

What other steps are there to developing a SMP?

There are several additional steps that should occur together with sewage facilities planning in considering anddeveloping the service options, administrative alternatives, legal procedures, ordinances, and other pieces thatwill make up the municipality’s SMP. These steps primarily involve gaining understanding and consensus from theresidents in the municipality who will be impacted by the proposed management program.

It is important that opportunities be afforded for homeowners and the public to learn what onlot systems are, howthey work and why management and maintenance of the5e systems is so important. Public education meetings,civic events, or programs provided at local schools can be excellent ways to get the word out.

The citizens in the municipality will better accept the management program if they have a voice in its planning anddevelopment, Surveys or questionnaires, public forums for exchanging questions and opinions, as well as citizenrepresentation on advisory or planning groups can all be very helpful.

Residents need to be informed about the details of the proposed program, how it will affect them, and whatactions they need to take. Mailings, newsletters, articles, or announcements in the local media, websites, andpublic information sessions are just some of the ways Pennsylvania municipalities have educated and involvedtheir citizens.

Can municipalities work together through SMP5?

Yes. Municipalities in many parts of the state have banded together to form joint local agencies.” These agenciesthen implement SMPs consistently throughout the service areas of their member municipalities.

Can sewage management be administered through existing municipal structures?

Yes. Some municipal govemments are already involved in the permitting of onlot sewage systems throughprograms administered by agencies such as joint sewage committees, county health departments, etc. Theseexisting onlot permitting programs involve testing proposed sites, reviewing designs, and addressing adequatesystem construction through final inspections of installed onlot systems. Unfortunately, in many cases, systeminstallation marks the boundary of the permitting program.

SMPs administered by joint local agencies, or even municipal sewer authorities, can extend municipal oversightfor these permitted systems to include regular operation, maintenance, testing, and/or inspection. Such actionsassure that the special care and attention taken to properly design and install onlot systems is not negated by thelack of system management and oversight.

Is management of onlot treatment systems cost-effective?

Yes. Maintaining properly installed sewage systems can extend the life of these systems and may save thehomeowner the cost of repairing or replacing an abused, malfunctioning onlot system. SMP5 can also helpprevent future problems from occurring with systems that have been repaired following malfunction.

Municipalities confronting areas with numerous malfunctioning systems often opt to extend sewer lines for greatdistances. This action may solve the problem, but can be very costly to the municipality and the affected propertyowners. Sewer lines can inadvertently promote unwanted development. Municipalities might also attempt to dealwith areas of malfunctioning individual onlot systems by connecting the affected homes to a single larger systemto address the immediate problem; however, there is still the potential for future malfunctioning of the resultingcommunity systems unless the municipality has a management program that commits it to oversee proper C & Mof these larger systems.

For more information, visitwww.dep.agov/AboutJRegional.

Commonwealth of Pennsylvania DepanmenrofEnwronmental PmtecPonwww.dep.pagov Recycled Paper 3850.FS.DEPISST ReV. 812016

$‘4 pennsylvaniaad DEPARTMENT OF ENVIRONMENTAL

PROTECTtON

Act 537: Understanding the Importance of Soils in Siting an Onlot System

Why is having a properly functioning onlot system important?

Because groundwater is the primary source of drinkingwater in areas served by individual and community wells,keeping the groundwater free of contamination is veryimportant. Water that carries sewage from a household orbusiness to an onlot sewage disposal system (sometimescalled a septic system) will eventually re-enter this samegroundwater. Onlot systems, when properly designed,operated and maintained, will treat this wastewater so thatit may safely be used again. Onlot systems that are notfunctioning properly do not treat sewage to a level that issafe and can discharge improperly treated sewage to thesurface or to groundwater. Improperly treated sewagecarries bacteria and viruses known to cause many humandiseases, such as gastroenteritis, diarrhea and dysentery.

How does an onlot system treat sewage?

The sewage from household plumbing first enters atreatment tank, where primary treatment occurs. Theheavier solid matter settles to the bottom of the tank, wheremicroorganisms feed on and break down the waste. Lighterfats, oils and greases float to the top of the tank, forming ascum layer. Wastewater leaving the treatment tank iscleaner, but still contains disease-causing bacteria andviruses, as well as other contaminants, which must befurther treated before reaching groundwater or other watersupplies.

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From the treatment tank, the partially-treated sewagepasses through a distribution system of piping and into abed of gravel (aggregate). The sewage flows over the gravel and then into the underlying soil, In aproperly sited onlot system, further treatment is provided by this soil. The soils are the most importantpart of your onlot system because they provide a treatment barrier between untreated sewage andwater supplies.

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FACT SHEET

What soil conditions are needed to treat sewage?

About four feet of suitable soil is needed under the gravel layer to treat sewage. Good soil for sewagetreatment is relatively free of rock and not saturated with water. The soil structure must allow the liquidwaste to pass through at a suitable rate. The waste must pass slowly enough to allow themicroorganisms time to feed on the harmful material, yet fast enough to dispose of the amount of liquidwaste entering the absorption area. While soils rich in clay treat sewage most effectively, the fine poresof many of these soils slow the downward movement or percolation of sewage, which may causebackups to the surface of the ground. Soils rich in sand allow rapid percolation to dispose of sewage,but may not hold the sewage long enough to treat it adequately before it reaches groundwater.Treatment continues in the soil until rock or soil saturated with liquid is encountered. Saturated soils donot provide the aerobic (oxygen rich) environment needed by microorganisms to treat sewage.Fractures in rock allow sewage to move quickly into groundwater without proper treatment.Partially treated sewage reaching either rock or saturated soils may enter a water supply. Anycontaminants or disease-producing organisms present in the sewage may pollute your drinking water.Viruses can survive in groundwater for more than a year.

How do I know if my soils will properly treat sewage?

As part of the evaluation of a building lot to be served by a septic system, the sewage enforcementofficer (SEO) employed by your local or county government evaluates soils by examining a soil profile.This is an excavation (commonly called a soil profile or deep probe) of the soil near the proposedlocation of the absorption area. The SEQ enters the excavation to evaluate the soil’s texture, structureand color. The SEQ also looks for signs of rock and saturated soils. A percolation test is performed todetermine soil permeability (the rate of water movement through the soil). If the results of these soiltests show that the soils can properly treat sewage, a system may be installed. If there are problemswith the soils, systems designed to overcome these soils limitations, such as an elevated sand moundor media filter, may have to be used. If the soils are unsuitable, no septic system may be installed. Thisis why it is important to have soils testing done before committing to the purchase of a building lot.For more information about soils and siting onlot systems, see the Department of EnvironmentalProtection (DEP) fact sheet ‘Act 537: Soil Mottling and Siting an Qnlot Sewage System” atwww.dep.state.pa.us, keyword: Sewage

DEP Regional OfficesNorthwest Region230 Chestnut St.Meadville, PA 16335-3481Main Telephone: 814-332-694524-Hour Emergency: 800-373-3398

Counties: Butles Clarion. Crawford,Elk, Erie, Forest Jefferson, Lawrence,Mckean, Mercer Venango and Warren

Southwest Region400 Waterfront DrivePittsburgh, PA 152224745Main Telephone: 412442400024-Hour Emergency: 412-442-4000

Counties: Allegheny, Armstrong,Beaver, Cambria, Fayette, Greene,Indiana, Somerset, Washington andWestmoreland

North-central Region208W. Third St., Suite 101williamsport. PA 17701-6448Main Telephone: 570-327-363624-Hour Emergency: 570-327-3636

Counties: Bradford, Cameron,Clearfield, Centre, Clinton, Columbia,Lycoming, Montour, Northumberland,Potter Snyder, Sullivan, Tioga andUnion

South-central Region909 Elmerton Ave.Harrisburg, PA 17110-8200Main Telephone: 717-705-470024-Hour Emergency: 866-825-0208

Counties: Adams, Bedford. Berks,Blair, Cumberland, Dauphin, Franklin,Fulton, Huntingdon, Juniata, Lancaster,Lebanon, Muffin, Periy and York

Northeast Region2 Public SquareWilkes-Barre, PA 18701-1915Main Telephone: 570-826-251124-Hour Emergency: 570-826-2511

Counties: Carbon. Lackawanna,Lehigh, Luzeme, Monroe, Northampton,Pike, Schuylkill, Susquehanna, Wayneand Wyoming

Southeast Region2 E. Main St.Norristown, PA 19401Main Telephone:24-Hour Emergency:

Counties: Bucks. Chester, Delaware,Montgomery and Philadelphia

-4g15484-250-5900484-250-5900

Commonwealth of PennsyWanla Department of Environmental Protection

$P pennsylvaniaS DEPARTMENT OF ENVIRONMENTAL

PROTECTION

ACT 537: UNDERSTANDING SEPTIC SYSTEMS

What is a septic system?Septic systems (also called “onlor disposal systems or OLDS) are sewage systems located on the property of thehomeowner. They treat and dispose of domestic sewage through natural processes. Liquid waste from a treatment tankpercolates through the soil, where it is neutralized and broken down further. Septic system operation and maintenanceis the responsibility of the homeowner. In contrast, a centralized sewage system collects and treats sewage from manyhomes and/or businesses and disposes it off site. Centralized systems often use complex mechanical and chemicaltreatment methods.

Who uses septic systems?For many Pennsylvanians, centralized sewage disposal is not an option. In fact, one-quarter of Pennsylvania residentscurrently depend on septic systems to treat their sewage.How does a property owner obtain a septic system permit?Anyone who intends to install an onlot system with a flow of less than 10,000 gallons per day must use the followinggeneralized process:

1. The lot owner or an agent for the owner applies for a permit through the local agency Sewage Enforcement Officer(SEQ);

2. The SEQ for the local agency conducts soil profile examinations and percolation tests to determine site suitability;3. The lot owner or agent completes the permit application by including an onlot system design based upon the results

of the site suitability testing;

4. The SEQ approves or denies the permit within seven days of receipt of a completed application;5. If approved, the SEQ issues a permit. Installation of a system may begin. If denied, the SEQ notifies the applicant

and provides opportunity for an appeal hearing; and

6. The SEQ may oversee any step of installation and must inspect the completed system before coverage and use.What is an SEO and what are his/her duties?Certified SEOs working for local governing bodies handle the septic system permitting process. This includes the reviewof soil profiles (deep probes) and percolation tests and the issuance of permits.What is the Department of Environmental Protection’s (DEP) role in the permitting process?DEP can review, monitor and assist a local agency’s administration of the permitting process.What is a deep probe test?The first test on the site is a deep probe test. In this test, a backhoe pit is dug as deep as eight feet. The SEQ entersthis pit to examine the make-up of the soil (soil profile), From this, the SEQ will determine the suitability of the soil for aseptic system. If the soil is determined suitable for a septic system, then a percolation test is performed by the SEQ. Itthe soil is determined unsuitable, no permit will be issued.What is a percolation test?A percolation (perc) test measures the rate at which water moves through soil. The test is to determine if the soil willallow water to drain quickly enough to support a properly working septic system. The following process is used toperform a percolation test:

1. A minimum of six holes are dug in the area of the proposed absorption field;2. The soil is soaked before the actual test to reproduce wet season operation;

3. The day of the test, a final soaking is completed for one hour; and4. The actual test then begins with a series of measurements of water level drop done at 10 or 30 minute intervals.

This test may take as long as four hours or as little as 40 minutes, depending upon the type of soil. (Very sandysoils usually take less time to test than soils with a lot of clay.)

It is very important to realize that although the effluent from a septic or aerobic tank is partially treated, it still containssubstances that can pollute the groundwater, such as viruses, pathogens and nitrates. The soil is a critical componentof an efficiently running onlot system. Regular maintenance of the system also is necessary to ensure long-termoperation.

FACT SHEET

There are many variations to onlot system design depending on soil, site and operational conditions. A few examplesare:

1. Standard trench 4. Elevated sand mound2. Seepage bed system 5. Individual residential spray irrigation system (lRSlS)3. Subsurface sand filter

For more information on these variations, please contact the local SEQ (obtain address/phone number from themunicipality’s government office).How does a septic system function?1. Sewage, both human waste and water used for bathing and washing, flows to the septic tank. Here, primary

treatment of the sewage takes place. The heaviest matter falls to the bottom of the tank forming sludge. Lightermatter (scum) floats on top of the liquid (effluent). Sludge and scum must be pumped out reguiariy.

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Figure A: Gravity Distribution Systems Figure B: Pressure Distribution Systems2. Septic tank effluent then flows to a distribution box or a solid header in gravity flow distribution systems (see

Figure A) or to a pump tank in pressurized distribution systems (see Figure B).3. In both types of distribution systems, the septic tank effluent is then directed to an absorption area constructed of

pipe placed within a layer of gravel, and percolates through the soil for additional treatment. The soil neutralizesmany of the contents of the wastewater and converts other contents to different forms.

How often must my septic tank be pumped?Up to 50 percent of the solids retained in the tank decompose; the remainder accumulate in the tank. A septic tankshould be pumped out at least every three to five years, or according to the local sewage management program whichmay require more frequent pumping.Under current Pennsylvania law, a 900-gallon septic tank must be used for a home with three bedrooms or fewer. If sixpeople reside in a three-bedroom house, the tank should be pumped every 1.3 years. If the same system serves afamily of two, the tank would be pumped every 5.2 years. Systems installed before 1971 may have septic tanks smallerthan 900 gallons. These tanks may need to be pumped more than once a year.What if the lot conditions do not meet the requirements for a standard septic system?If the lot conditions do not allow the installation of a standard septic system, some alternates may be avaUable. Thelocal SEQ can help find the best system depending on the specific site, soil and operational conditions.How do state and local actions protect Pennsylvania’s public health and water quality?The Pennsylvania Sewage Facilities Act (Act 537) was enacted in 1966 to set uniform standards for the construction orrepair of any sewage disposal facility. The two main goals of Act 537 are to correct existing disposal system problemsand to prevent future problems. To reach these goals, Act 537 requires the planning of all sewage facilities and thepermitting of onlot sewage disposal systems.Provisions of Act 537 administered by DEP include:1. Training and certifying SEOs;2. Providing technical assistance;3. Reviewing official sewage plans and revisions;4. Awarding planning grants to local agencies; and5. Reimbursing local agencies for permitting expenses.Where can homeowners obtain more information on septic-related questions?For more information, visitwww.degstate.pa.us, keyword: Sewage, click on Regional Resources,” or contact the localSEQ.

Commonweafth of Pennsylvania

$b pennsylvaniara DEPARTMENT OF ENVIRONMENTALPROTECTION

ACT 537 - AN OVERVIEW OF THE SEWAGE FACILITIES PROGRAM

History of the Act 537 Program

Domestic sewage is treated and disposed of by various methods, ranging from large municipally-owned sewagetreatment plants to community or individual onlot disposal systems (OLDS), also called ‘septic systems.”Malfunctioning sewage disposal systems, regardless of type, pose a serious threat to public health and theenvironment. They can pollute public and private drinking water sources, often by discharging directly to thegroundwater, and they can expose humans and animals to various bacteria, viruses and parasites. Repairs tothese systems often can lead to financial hardships for affected municipalities or homeowners.

On January 24, 1966, the Pennsylvania Sewage Facilities Act (Act 537) was enacted to address existing sewagedisposal problems and prevent future problems. To meet these objectives, the act requires proper planning of alltypes of sewage facilities, permitting of individual and community OLDS, as well as uniform standards fordesigning OLDS.

The sewage facilities program, often referred to as simply the ‘Act 537 program,” is largely administered byindividual municipalities, groups of municipalities, local agencies including county health departments and groupsof local agencies (known as joint local agencies). These agencies receive technical and financial assistance andoversight from the Department of Environmental Protection (DEP).

The Major Provisions of Act 537

• All municipalities must develop and implement a comprehensive official sewage management plan thataddresses their present and future sewage disposal needs. These plans are modified when new landdevelopment projects are proposed or whenever a municipality’s sewage disposal needs change. DEPreviews and approves the official plans and any subsequent revisions.

• Local agencies are required to employ both primary and alternate Sewage Enforcement Officers (SEO) Aftersuccessfully completing pre-certification training and being certified by the State Board for Certification ofSewage Enforcement Officers (the Board), an SEO can work for a local agency. The SEO is responsible forimplementing the operation of that agency’s OLDS permitting program. SEOs are not DEP employees.

• Local agencies, through their SEO, approve or deny permits for construction of onlot sewage disposalsystems prior to system installation.

• DEP provides grants and reimbursements (funded to the extent of annual legislative appropriations) tomunicipalities and local agencies for costs associated with the Act 537 planning and permitting programs.

• The Environmental Quality Board (EQB) must adopt regulations establishing standards for sewage disposalfacilities. These regulations then apply throughout the state.

• The Sewage Advisory Committee (SAC) reviews existing and proposed rules, regulations, standards andprocedures and advises the Secretary of DEP. This advisory committee is comprised of membersrepresenting many sectors of the regulated community.

The Planning Process

Municipalities are required to develop and implement comprehensive official sewage plans that: address existingsewage disposal needs or problems: account for future land development; and provide for future sewage disposalneeds of the entire municipality. This document is called an “Official Plan” or sometimes a “base plan.”

Official Plans contain comprehensive information, including:

• Population figures and projections

• Drinking water supplies

• Waterways, soil types and geologic features

• Sanitary survey results

• Location, type and operational status of existing sewage facilities

____ __

FACT SHEET

• Local zoning and land use designations

• Estimates of the future sewage disposal needs

• Identification of potential problem-solving alternatives

• Cost estimates necessary to carry out those alternatives

• The selection of appropriate problem solving alternatives

Municipalities are required to revise (unless they are exempt from revising) the Official Plan if a new landdevelopment project is proposed or if unanticipated conditions or circumstances arise that make the base planinadequate. There are two basic types of plan changes. ‘Official Plan Revisions’ that result from new landdevelopment are completed using “planning modules” that are specific to individual projects. “Update Revisionsare used by municipalities to make broad changes to their Official Plan,

The OLDS Permitting Program

Act 537 requires local or joint-local agencies, through their SEC. to manage the permitting program for individualonlot disposal systems and community onlot systems with design flows of 10,000 gallons-per-day or less. Anindividual OLDS is a system that serves a single lot, while a community OLDS serves two or more lots.

SEO5 are trained to DEP standards and certified by the Board. The SEC is responsible for conducting soil profiletesting, percolation testing, OLDS design review and approving or denying OLDS permit applications. The SECand the individual installing an OLDS must follow the standards established in Chapter 73 of DEP’s regulations.DEP’s primary role in the onlot permit program is to provide oversight to local agencies and SEOs. Whereverpossible, DEP will assist local agencies in carrying out their permitting responsibilities. However, other than topromote technical information, DEP does not interfere in onlot system permitting disputes between local agenciesand homeowners, other than to provide technical information.

Financial Assistance Programs

There are two financial assistance programs administered by DEP to assist municipalities and local agencies foradministering their Act 537 program responsibilities. DEP provides a “reimbursement type” grant to offsetmunicipal costs associated with developing or revising an Official Plan. In the second program, DEP reimburseslocal agencies and joint-local agencies on an annual basis for costs incurred during the year while administeringthe onlot permitting program and for enforcing the Act 537 program. Please note that funding for these twofinancial assistance programs is available to the extent of the appropriations made by the General Assembly forthis purpose. In recent years, funding for both programs has been limited.

A third program to financially assist municipalities and local agencies is administered by the PennsylvaniaInfrastructure Investment Authority (PENNVEST). Low interest loans are available to qualified private landownersto assist in the repair of malfunctioning onlot sewage disposal systems. PENNVEST information is available atwww. pen nvest. stae.pa .us.

Recently, a fourth financial assistance program became available through funding from the Act 13 MarcellusLegacy Fund. This is an annual grant program administered by the Department of Community and EconomicDevelopment (DCED) through the Commonwealth Financing Authority (CFA). This grant program assists manyprograms including Act 537 and the costs associated with the planning work required thereunder. For moreinformation on this grant program, visit www dcedstate.pa.us or call 717-787-6245.

Act 537 Sewage Facilities Program Regulations

DEP regulations that address the administration of the Act 537 planning process are located in Title 25, Pa. Code,Chapter 71. Rules for the OLDS permitting process are located in Chapter 72 and technical standards addressingthe design of OLDS in Pennsylvania are located in Chapter 73. All three chapters are available atwww.gacode.com.

For more information, visit ww’’ dep.state oa.us, keyword: Sewage or click on “Regional Resources.”

Commonweahho!PennsylvaniaDcsnsnnt of Environmental ProtectIon