Rep. David Maloney (R-Berks) circulated a memo this week asking House members to sign on to a bill which would prohibit DEP from applying its anti-degradation rule to the consideration of onlot sewage modules in High Quality and Exceptional Value watersheds.

Rep. Maloney said his legislation was prompted by a proposal from DEP to apply anti-degradation requirements to onlot systems the agency was directed to put forward as a result of an Environmental Hearing Board decision directing the department to act.

"This proposed guidance will have a significant impact on growth and development across the state as many developing areas simply cannot locate large sewage treatment facilities neither nearby nor in a cost effective manner,” said Rep. Maloney.  “Likewise, the proposed onlot requirements will make it too difficult to locate these systems in economical way; stifling building projects and further straining our economy. Perhaps most troubling, these restrictions will ultimately deny Pennsylvanians of the right to use their land.Property owners invest in their land; and they establish estates for their children.

“Overly burdensome regulations like these do little more than rob such assets from our residents,” Rep. Maloney said. "We've been able to protect our water while balancing the need for on lot systems" with our existing regulations.”

Lee McDonnell, Director of the Bureau of Point and Non-Point Source Management, provided the DEP Citizens Advisory Council with an overview of new procedures DEP is developing for reviewing sewage modules in High Quality and Exceptional Value watersheds at its meeting in March.  Click Here for a copy of his presentation.

McDonnell noted the new procedures were prompted by two Environmental Hearing Board decisions-- Pine Creek Watershed Association v. DEP-- directing DEP to consider the impacts of onlot septic systems on HQ and EV streams during its review process.

McDonnell said the proposed review process gives onlot sewage module applicants options they can mix and match to achieve the right water quality protection factors.  Those options include: one acre or more lot size, setback distances from streams or wetlands, riparian buffers and in-ground barriers between the systems and streams.

He noted the proposed process is undergoing public review and the department is open to considering ways to improve the process.  

Click Here for a copy of the proposal under review by DEP’s Sewage Advisory Committee.

4/8/2013