Nothing can stop a development project faster than a Pennsylvania municipality denying a developer’s Act 537 planning module for wastewater management. If the municipality refuses a developer’s plan to connect to public sewer or to install some alternate or experimental onlot sewage system, the entire development project is at risk. However, a municipality’s denial of an Act 537 planning module update is not the end of the line.
Under Section 750.5(b) of the Pennsylvania Sewage Facilities Act, any resident or equitable property owner (the “applicant”) located in the denying municipality may file a “private request” with the Pennsylvania Department of Environmental Protection (the “Department”). A private request asks the Department to compel the municipality to revise its Act 537 Plan in accordance with the applicant’s plan. To be successful, the applicant must show that the municipality’s Act 537 Plan is either (1) not being implemented, or (2) is inadequate to meet the applicant’s sewage disposal needs. If the Department approves the private request, the municipality is required to revise its Act 537 Plan in accordance with the applicant’s plan.
While submitting a private request to the Department may appear simple, the process requires strict adherence to certain procedural requirements. In addition to substantive proof that a municipality’s Act 537 Plan is inadequate, the applicant must comply with specific notice, filing, and public comment requirements. If the applicant does not meet these procedural requirements, the Department may deny a private request without addressing the merits of the applicant’s request. Therefore, leaving the development project in no better shape than it was before. We can help you navigate the private request process to ensure that your request receives the Department’s full attention and review.
If you would like more information, please contact Rob Gundlach at 215-918-3636 or rgundlach@foxrothschild.com.