The Senate and House Environmental Resources and Energy Committees will hold a joint hearing April 27 on DEP’s implementation of Act 34 of 2020 related to alternative onlot septic systems and land development planning.

In 2017 (Act 26) and again in  2020 (Act 34) the General Assembly passed and Gov. Wolf signed into law legislation that directs DEP to allow the use of approved, listed alternative onlot septage treatment systems in new land development planning.

Prior to the change in law, DEP only allowed the use of conventional onlot septic systems when new development was presented for approval to a municipality where there were no public sewage systems.

Since 2017, DEP has been attempting to implement this requirement and issued draft Pennsylvania Sewage Facilities Act Program Guidance - Site Suitability and Alternatives Analysis Guidelines for New Land Development Proposing Onlot Sewage Disposal Guidance in August of 2019 (385-2207-001) it has not yet finalized.

According to the PA Association of Sewage Enforcement Officers, DEP sent out a letter to all local Sewage Enforcement Officers on February 3, 2020 and a followup letter on March 2, 2020 describing its expectations for implementing Act 34.

DEP also provided the Sewage Advisory Committee with a presentation on Act 34 at its February 23 meeting.

The PA Association of Sewage Enforcement Officers said, “The aim of Act 34 of 2020 (and Act 26 of 2017 before it) was to enable the use of all approved alternate technologies during the planning process.

“The Department’s “All SEO” letter of March 2, 2021 contradicts the plain intent of Act 34 of 2020 in that it seeks to restrict the use of alternate technologies during the sewage planning process for new land development.

“Consequently, this decision by the Department will have adverse effects on property owners who were currently relying on – or expected to be able to rely on – the framework established by this law.”

Click Here to contact PASEO for more information on this issue.

Visit DEP’s Onlot Septic System Disposal webpage for more information on this program.

The hearing will be held in Room 523 Irvis Building starting at 9:00 a.m.   Click Here to watch live.

Rep. Daryl Metcalfe (R-Butler) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-783-1707 or sending email to: dmetcalf@pahousegop.com. Rep. Greg Vitali (D-Delaware) serves as Minority Chair and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net.

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov.   Sen. Carolyn Comitta (D-Chester) serves as Minority Chair and can be contacted by calling 717-787-5709 or sending email to: senatorcomitta@pasenate.com.

[Posted: April 6, 2021]

4/12/2021