If you are planning a new development project in Pennsylvania and cannot connect it to public sewer, navigating the Pennsylvania Department of Environmental Protection’s (the “Department”) requirements for the use of an onlot sewage system is key. The Pennsylvania Code (the “Code”) divides onlot sewage systems into three categories: (1) conventional, (2) alternate, and (3) experimental. While the Code defines each category of onlot sewage system, it is not clear about which system may be used for planning a new development. Section 71.62(a) of the Pennsylvania Code states: “[o]fficial plans and official plan revisions proposing individual and community onlot sewage systems shall evaluate general site suitability to establish their use as a feasible alternative.” Notably, this Section does not provide any guidance as to what system may be used to satisfy the “general site suitability requirements” for new development planning.
On March 23, 2017, the Department clarified what system needs to be used in new development planning. This clarification came at the request of Duane Mowery, the Chairman of the Pennsylvania Sewage Advisory Committee. The Department determined that Section 71.62(a) requires all new development plans to use conventional onlot systems to satisfy the general site suitability requirements. Therefore, alternative and experimental onlot systems cannot be used for new development planning. Although the Department requires the use of conventional onlot sewage systems for new development planning generally, there remain certain exceptions to the Department’s broad rule. Because every parcel of land and situation is unique, we can help you ensure that you are using the correct onlot system when planning your new development project.
If you would like more information, please contact Rob Gundlach at 215-918-3636 or rgundlach@foxrothschild.com.