region 4 profile dep has extended the public comment...

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ank You. I would like to thank all of the members of PASEO for entrusting the next two years of this great organization to me, the newly elected Executive Committee and Board of Directors. Serving as PASEO’s president is an honor because PASEO has always been dedicated to raising the professionalism of an industry / occupation most would rather not think about. I hope to be able to grow upon the efforts of those before me. I was recently asked what my top three priorities were. I answered Education, education and education. I want PASEO to continue our continuing education program. I want PASEO to become the “go to” source of information about on- site sewage disposal for both the professional Sewage Enforcement Officer as well as the public. I want PASEO to educate younger professional as to the merits of becoming professional Sewage Enforcement Officers. continued on page 11... MAY 2013 PENNSYLVANIA ASSOCIATION OF SEWAGE ENFORCEMENT OFFICERS 4902 CARLISLE PIKE #268 w MECHANICSBURG, PA 17050 (717) 761-8648 w WWW.PA-SEO.ORG New Leadership Team Takes PASEO’s Helm At the Annual Meeting held during PASEO’s Annual Conference, new Executive Officers were elected and installed for the 2013-2014 term. Additionally, PASEO’s six regions held leadership elections and selected their representatives to the state board e new PASEO Executive Committee consists of President Roger Lehmann (Region 1), President-Elect Chris Wood (Region 2), Past President Dave Horvat (Region 3), Vice-President Cynthia Lee (Region 3), Treasurer Kevin Bitz (Region 1), and Secretary Bob Mohn (Region 1). PASEO’s Board of Directors consists of two representatives from each region as well as regional alternates. In addition to the Executive Committee, the current Board is comprised of Dan O’Connell & Rick Johnson (Region 1), George Van Brunt & Homer Butler (Region 2), Larry Earney & Brent Hershey (Region 3), Tom Yarnall & Jim Sanders (Region 4), Norm George & Randall Myers (Region 5), and Russ Braun & Nick Melnick (Region 6). Alternates from their respective regions include Mark Bryan, Carlton Shupp, Leonard Spencer, Mike Cannon, and Dean Yale. n Inside this issue: Region 4 Profile The Reporter highlights PASEO’s Northcentral Region DEP Guidance for Onlot Systems DEP has extended the public comment period for its Guidance on Onlot Systems in Special Protection Waters Revoking a Sewage Permit When should you consider revoking a sewage permit? Reporter the Dean Shultz swears in PASEO’s 2013-2014 Officers President’s Message by Roger Lehmann

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Page 1: Region 4 Profile DEP has extended the public comment ...files.ctctcdn.com/266fdd7b001/a0f43af2-4206-4fed-b71c-3bf298df6… · PASEO’s Board of Directors consists of two representatives

Thank You. I would like to thank all of the members of PASEO for entrusting the next two years of this great organization to me, the newly elected Executive Committee and Board of Directors. Serving as PASEO’s president is an honor because PASEO has always been dedicated to raising the professionalism of an industry / occupation most would rather not think about. I hope to be able to grow upon the efforts of those before me.

I was recently asked what my top three priorities were. I answered Education, education and education. I want PASEO to continue our continuing education program. I want PASEO to become the “go to” source of information about on-site sewage disposal for both the professional Sewage Enforcement Officer as well as the public. I want PASEO to educate younger professional as to the merits of becoming professional Sewage Enforcement Officers.

continued on page 11...

MAY 2013

Pennsylvania association of sewage enforcement officers4902 carlisle Pike #268 w mechanicsburg, Pa 17050

(717) 761-8648 w www.Pa-seo.org

New Leadership Team Takes PASEO’s HelmAt the Annual Meeting held during PASEO’s Annual Conference, new Executive Officers were elected and installed for the 2013-2014 term. Additionally, PASEO’s six regions held leadership elections and selected their representatives to the state board

The new PASEO Executive Committee consists of President Roger Lehmann (Region 1), President-Elect Chris Wood (Region 2), Past President Dave Horvat (Region 3), Vice-President Cynthia Lee (Region 3), Treasurer Kevin Bitz (Region 1), and Secretary Bob Mohn (Region 1).

PASEO’s Board of Directors consists of two representatives from each region as well as regional alternates. In addition to the Executive Committee, the current Board is comprised of Dan O’Connell & Rick Johnson (Region 1), George Van Brunt & Homer Butler (Region 2), Larry Earney & Brent Hershey (Region 3), Tom Yarnall & Jim Sanders (Region 4), Norm George & Randall Myers (Region 5), and Russ Braun & Nick Melnick (Region 6). Alternates from their respective regions include Mark Bryan, Carlton Shupp, Leonard Spencer, Mike Cannon, and Dean Yale. n

Inside this issue:Region 4 Profile The Reporter highlights PASEO’s Northcentral Region

DEP Guidance for Onlot Systems DEP has extended the public comment period for its Guidance on Onlot Systems in Special Protection Waters

Revoking a Sewage Permit When should you consider revoking a sewage permit?

Reporterthe

Dean Shultz swears in PASEO’s 2013-2014 Officers

President’s Messageby Roger Lehmann

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Pennsylvania association of sewage enforcement officers2

PASEO Region 4 Profile

Table of Contents 2 PASEO Region 4 Profile

5 “Ask the Solicitor” About Revoking a Sewage Permit

6 Photos from the Annual Conference

8 Member News: Brian Oram

9 Ralph Houck Recognized with the 2013 Dean Shultz Award

10 PA DEP Extends Comment Period for Onlot Policy

12 PASEO Comments on Onlot Policy

13 Chapter 102 Conflict Update

14 Legislative News from the Capitol

4902 Carlisle Pike #268Mechanicsburg, PA 17050

(717) 761-8648www.PA-SEO.org

PASEO LeadershipPresident

President elect

Vice-President

secretary

treasurer

Past President

administrator

solicitor

Roger [email protected]

Chris [email protected]

Cynthia [email protected]

Robert Mohn

Jim Sanders

David [email protected]

Mark [email protected]

Alex Chiaruttini, Esq.

Region 4 DescriptionRegion 4 is comprised of those counties in the Northcentral

portion of Pennsylvania, including: Clearfield, Cameron, Potter,

Clinton, Centre, Snyder, Union, Lycoming, Tioga, Bradford,

Sullivan, Columbia, Montour & Northumberland Counties.

Region 4 Officers & BoardPresident: John (Tom) YarnallVice-President: Mike Cannon

Treasurer: George MuellerSecretary: George Mueller

Representatives to State BoardJohn (Tom) Yarnall

Jim SandersDean Yale (alternate)

Mike Cannon (alternate)

Each issue of The Reporter will profile one of PASEO’s six regions. In addi-tion to listing the regional leaders and providing some background on the particular region, we will also spotlight one member with a Q&A segment. If you know of a member who should be spotlighted, please nominate that individual to your regional president.

PASEO Region 4 Quick FactsRegion 4 contains 88 certified sewage enforcement officers.

There are 50 members of PASEO in Region 4.

Region 4 comprises 11% of PASEO’s total membership.

There were 1,317 single family building permit authorizations in

Region 4 during 2012 -- or, 10% of all single family permits in PA.

2012 Census data from Region 4’s 14 counties reflects a combined

population of 791,681 residents, or 6% of all Pennsylvanians.

PASEO Region 4: Northcentral PA

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The RepoRTeR w May 2013 3

Tom BowesRegion 4 Member

In this issue of The Reporter, we had the opportunity to learn a little more about Region 4 member Tom Bowes from Centre County.

Where do you reside? I am a native of the small community of Howard in Centre County, PA, and have been a lifetime resident for nearly 70 years.

How long have you been an SEO?I have been an SEO since 1970 and became one of the first Certified SEOs in 1974. SEO #205

How long have you been a member of PASEO?I have been a member of PASEO since its inception as one of the founding fathers, and served as the organization’s first president .

What do you find most valuable about your PASEO membership?The biggest value of a PASEO membership is having an organized voice of professionals that can have a impact on the regulating agencies to help shape a common sense approach from the SEO’s point of view based on real world experience of the on-lot program.

What type of SEO work do yo do? After leaving the surveying and engineering practice in 1992, I became both a practicing SEO and a consultant for my own company, Thomas C. Bowes & Associates, Inc. At one time I was primary SEO to nine municipalities in Centre and Clinton Counties. Since I decided to go into semi retirement I now serve only two

Member Spotlight on Tom Bowes

municipalities as their primary SEO and have devoted more time to selective consulting. As my 40 plus years in the on-lot business have been quite rewarding as an SEO, I now find the challenges of non-typical system design problem solving more to my liking.

What is the most satisfying part of your job as an SEO?The most satisfying part of my job is the problem solving and interaction with the applicants in helping them meet their expectations.

What 3 words best describe you?Perhaps the three best words that would describe me is honest, passionate & cooperative.

What is your educational background?I am a high school graduate of Bald Eagle Area High School class of ‘61 and a Penn State Alumnus Class of “65 in the BS School of Forestry Program. I am also a DEP/DCA certified instructor and peer trainer.

With what other organizations are you active?I am currently a member of PASEO (Past President), past School Board Director, Vice Chairman of the Centre County Solid Waste Authority, Past president of the Howard Volunteer Fire Company, Member Lodge No 268, F & A.M., also served as Vice Chairman of the State Certification Board for SEOs,, and served on many state advisory boards and committees for on-lot wastewater.

What advice would you give to a new SEO?My advice to new or incoming SEOs is to be extremely knowledgeable in the field of on lot system technology, maintain a high level of integrity, and be the professional that is expected of you.

With whom do you live?I share my home in Howard with my wife Patty for the past fifty years where we raised our three children.

What is your favorite quotation?My favorite quotation is “Our debt is paid by faith and diligence, God creates, people rearrange”

Which invention during your lifetime has had the biggest impact on you?Having been raised in an Era prior to TV, the invention during my lifetime that has had the biggest impact on me has been the intense level of computer technology that is available today. n

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Pennsylvania association of sewage enforcement officers4

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Jim Sanders is recognized by Dave Horvat for his service to PASEO as its State Treasurer

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The RepoRTeR w May 2013 5

“Ask The Solicitor” About Revoking a Permit

PASEO’s solicitor, Alex Chiaruttini is an attorney at the PA law firm Stock and Leader. Ms. Chiaruttini’s practice expertise is in the area of environmental law. Her work includes federal & state issues associated with water supply, water quality, wastewater issues, sewer planning, wetlands regulation, E&S, and more. For more information, please visit Stock and Leader’s website at www.stockandleader.com n

Alexandra ChiaruttiniPASEO Solicitor

actions closely with your local gov-ernment throughout the process, so that the solicitor and elected officials are fully aware of each step you take and have an opportunity to be involved in the decisions. They should not be caught off-guard and, in some cases, they may be able to provide support under other local government codes. n

Disclaimer: The material published in PASEO’s “Ask The Solicitor” column is for general information purposes only. It should not be construed as legal or other professional advice. Please consult your attorney or solicitor before acting on any information as your particular situation may differ from the conditions summarized in this article.

Section 72.41 (Powers and duties of sewage enforcement officers) of the Commonwealth’s sewage planning regulations authorize SEOs to “…issue, deny, and revoke permits, and take all other actions necessary to administer and enforce Section 7…” of the Sewage Facilities Act. Although it may be rare to have a circumstance that necessitates such action, SEOs are authorized to revoke existing permits. But, what type(s) of circumstances is such ac-tion warranted?

As you can imagine, in taking such action, often a homeowner or prop-erty owner is immediately nega-tively affected by such action. Thus, you must consider your options and most will utilize revocation as a ‘last resort’ enforcement action.

The following are some examples of situations that may warrant revoca-tion:

1) The permitted system was issued based upon information subsequently determined to be inaccurate.

2) Property owner with clear malfunctioning system, replace-ment site available, children com-monly in yard near/on the system area. Unresponsive landowner.

3) Property owner that refuses to repair a malfunctioning system, where an adjacent stream is at risk or being impacted.

4) Obviously affluent land-owner; unwilling to spend any money to replace malfunctioning system. Unresponsive or aggressive landowner.

5) Malfunctioning system confirmed, possible replacement site that is feasible, but public sewer is close – within municipal manda-tory connect distance.

The decision to revoke a permit tends to be a last resort, that must be made on a case-by-case basis. The situations listed above are just a few examples that may warrant consideration of revocation.

In all cases, you must consider the written record as your friend. In other words, seek to document, through inspection reports, letters, field notes of site visits, and any cer-tified correspondence, to demon-strate that you initially sought: (1) voluntary compliance; (2) consent agreements for compliance; and (3) unilateral orders for compli-ance, before you take the unilateral action to revoke a permit. Only under these circumstances and with these efforts, will your action be up-held at the DJ or before a court.

The revocation action will almost certainly: (1) evoke some response from the landowner; and/or (2) trigger the local government to ini-tiate action under their ordinances related to sewer or other ordinanc-es. For this reason, coordinate all

When Should I ConsiderRevoking a Sewage Permit?

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Pennsylvania association of sewage enforcement officers6

2013 Annual Conference & Trade Show

It’s All About the Water

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The RepoRTeR w May 2013 7

2013 PASEO Conference & Trade Show Photos

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Pennsylvania association of sewage enforcement officers8

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Member NewsMr. Brian Oram, PASEO member and owner of B.F. Environmen-tal Consultants, announced that his firm is making available a new booklet titled “Pennsylvania Water Quality- Your Private Well: What Do the Numbers Mean?” through the Water Research Center Portal at http://www.water-research.net/privatewellPA.htm

“The goal of this booklet is to help educate and inform citizens on is-sues related to water conservation, ensuring that private water supply systems produce safe drinking wa-ter for your family, protecting the long-term quality of our streams and drinking water sources, and helping you to understand the po-tential sources of pollution to our water resources,” Oram said.

The booklet provides general information explaining certified water testing, chain-of-custody, and drinking water regulations and standards. It provides information related to the health (primary stan-dards) or aesthetic (secondary stan-dards) concerns for each parameter and provides information on water quality parameters that do not spe-cifically have a drinking water limit. This educational booklet includes sections on shock well disinfection, proper well construction, and the care/maintenance of a private water system.

“This reference is a guide to under-standing water quality that works by providing guidance on selecting water quality testing parameters for baseline testing from a citizen’s

perspective and by serving as a tool to help interpret water quality data,” Oram added.

In some cases, the document pro-vides guidance on what actions a homeowner may want to consider in light of test results.

The booklet is part of the effort to support the Citizens Groundwa-ter and Surfacewater Database, a grassroots effort to track change in groundwater quality in Pennsylva-nia and the efforts of the Carbon County Groundwater Guardians. To learn more about the Citizen Groundwater/ Surfacewater Data-base and other Grassroots Efforts or to schedule an outreach event, go to http://www.water-research.net. n

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The RepoRTeR w May 2013 9

As a bagpiper, I play many gigs. Recently I was asked by a funeral director to play at a graveside ser-vice for a homeless man. He had no family or friends, so the service was to be at a pauper’s cemetery in the back country. As I was not familiar with the backwoods, I got lost and being a typical man, I didn’t stop for directions.

I finally arrived an hour late and the hearse was nowhere in sight. There were only the diggers and crew left and they were eating lunch. I felt badly and apologized to the men for being late.

I went to the side of the grave and looked down and the vault lid was already in place. I didn’t know what else to do, so I started to play.

The workers put down their lunches and began to gather around. I played out my heart and soul for this man with no family and friends. I played like I’ve nev-er played before for this homeless man.

And as I played Amazing Grace, the workers began to weep. They wept, I wept, we all wept together. When I finished, I packed up my bagpipes and started for my car. Though my head hung low, my heart was full.

As I opened the door to my car, I heard one of the workers say, “I never seen nothing like that be-fore and I’ve been putting in septic tanks for twenty years.”

Apparently I’m still lost....it’s a man thing. n

Ralph Houck NamedDean Shultz Award Recipient for 2013

Ralph Houck, an SEO from Centre County, PA, was named PASEO’s 2013 Dean Shultz Award Recipient. Ralph was presented with a commemorative plaque during PASEO's Annual Conference & Trade Show held in March.

The Dean Shultz Award is an award for outstanding service in the SEO community. It is given in recognition of service to the Pennsylvania Association of Sewage Enforcement Officers and its members.

The award plaque calls attention to the fact that Ralph has given “tirelessly of himself to increase the professionalism of the members and the effectiveness of the Association.”

Ralph has served PASEO and the onsite wastewater industry throughout his professional career. Most recently, he was PASEO's representative to the Pennsylvania Sewage Advisory Committee. n

Ralph Houck receives the 2013 Dean Shultz Award

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Pennsylvania association of sewage enforcement officers10

The Department of Environmen-tal Protection recently announced that it will accept comments for an additional 30 days on draft techni-cal guidance describing how onlot sewage disposal systems can be sited in watersheds that are desig-nated high-quality and exceptional value. The comment period, which was originally slated to close May 1, will be open through June 3.

“Good government, sound policy and public involvement are core tenets of this administration,” DEP Acting Secretary Chris Abruzzo said. “We want to make sure that everyone has a chance to be heard; we want reasonable development to be able to occur; and we want to make sure this state’s water quality is protected. If there are different approaches than the one we have proposed, we want to hear them.”

The draft technical guidance outlines an approach using best management practices, such as the number of septic systems per

acre on a proposed development, or nitrate removal technology, to demonstrate that the state’s most pristine waters are protected. Under Pennsylvania law, these high-quali-ty and exceptional value watersheds are afforded special protections, known as anti-degradation require-ments. DEP is required by federal law to ensure the water quality of such watersheds is protected and maintained.

The technical guidance, as drafted, is prospective and would only apply to onlot septic systems for projects that have not yet secured sewage planning approval from DEP and local government organizations. The technical guidance will not af-fect projects that have already been approved.

This technical guidance is needed because the Pennsylvania Environ-mental Hearing Board ruled that the modeling DEP relied on to ap-prove the use of septic systems near high-quality and exceptional value

watersheds did not adequately demonstrate the waterways are pro-tected. The ruling set a high legal and scientific standard for review of sewage facilities planning in special protection watersheds.

This draft guidance lays out one approach to address developers’ uncertainty. If it is finalized, DEP will favorably view planning mod-ules submitted in accordance with the guidance and will also consider alternative approaches as sewage planners seek approval from the agency.

Written comments on the guidance should be sent in writing by June 3 to Thomas Starosta at DEP’s Bureau of Point and Non-Point Source Management, Division of Planning and Permits, P. O. Box 8774, Harris-burg, PA 17105-8774, or via email to [email protected].

For more information, visit www.dep.state.pa.us. n

DEP Extends Public Comment Period for Onlot Septic Guidance

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The RepoRTeR w May 2013 11

How Would the New Guidance Policy Work? All new subdivisions or projects with a proposed sewage flow of greater than 799 g.p.d. that will be located in an Exceptional Value or High Quality watershed will be required to obtain 45 nitrate protection factor credits per EDU. Currently the document permits the following BMPs to be employed:

Increasing lot sizeGenerally, the larger the lot, the less a property owner would have to do to comply with the policy. A residential lot would have to be 11.5 acres (minimum) to avoid using additional BMPs. Greater setbacks – absorption area to waterCredits would be given for locating the absorption area greater than 200 feet and greater than 1000 feet from any surface waters. Riparian BuffersCredits would be given for providing a vegetative buffer between the absorption area and surface waters. Riparian Forested BuffersCredits would be given for providing a riparian forested buffer that meets the Chapter 102 requirements along side the body of water. DenitrificationCredit would be given for the use of Department approved denitrification units. Permeable Reactive BarriersCredit would be given for the use of Permeable Reactive Barriers. A PRB is a deep ditch (2 feet below the seasonal low water table) which is filled with a pH balanced carbon based material such as peat, sawdust etc.

Developers would be permitted to mix and match BMPs to obtain the necessary credits for each lot to be subdi-vided. Credits multiply one another to obtain the necessary total.

For example: A deli rated for 1200 gpd or 3 EDUs would require 135 credits. If the lot is 2 acres in size the policy would allot it 8 credits (4 per acre). If the sewage absorption area is located 1000 feet from the nearest surface water it could obtain 4 credits. If the sewage system employed denitrification technology the project could obtain an additional 2 credits.

8 x 4 x 2 = 64 credits would result in disapproval of the planning module. Additional BMPs would have to be employed or more land purchased to increase the number of credits.

If the same project were to install a permeable reactive barrier (in addition to the denitrification unit), it would receive an additional 4 credits.

8 x 4 x 2 x 4 = 256 credits (an amount greater than the 135 credits necessary) and the project could be approved. n

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Pennsylvania association of sewage enforcement officers12

PASEO’s Legislative, ByLaws & Resolution Committee has drafted and PASEO’s Board has approved the following comments for sub-mission to DEP relative to their recently developed Guidance document 385-2208-001, Sewage Facilities Planning Module Review for Onlot Sewage Systems Proposed in High Quality and Exceptional Value Watersheds:

In general, we believe that the implementation of a guidance document to resolve a conflict with existing anti-degradation regula-tions is inappropriate. Properly designed, installed and maintained onlot sewage treatment systems should be recognized as meeting anti-degradation requirements and regulation should be revised to reflect this. We believe that there is insufficient evidence to support the notion that stream quality is being degraded by properly designed, installed and maintained onlot

systems and that in the absence of this evidence, regulations should assert that these properly designed, installed and maintained onlot systems, by definition, meet the anti-degradation requirements.

Notwithstanding the above com-ment, specific to the proposed guidance document are these ad-ditional comments:

We find most of the Best Manage-ment Practices (BMP’s) proposed to be neither cost effective nor reasonable. Based on costs cited in the document and our experi-ence with the cost of denitrification systems in PA, it is possible that an individual lot could incur costs of nearly $25,000 without considering the additional design, engineering and regulatory costs, both known and as of yet unknown. Commer-cial facilities could see these costs increase by a factor of 10 above those for residential uses.

If you are interested in re-viewing DEP’s proposed draft policy on septic systems in HQ/EV watersheds, please let us know at [email protected]. Your opinion in impor-tant to how we respond.

PASEO is represented on the SAC by Chris Wood & Alter-nate Kevin Bitz. Member in-put is always welcome on how such guidance documents may impact your professional life. n

Do You Have Input?

PASEO Comments on Onlot Septic System Guidance Document

The SEO must specifically be ex-empted from liability if and when he/she issues a permit for a system utilizing a specifically located ab-sorption area based on BMP’s and it’s location is determined at a later date to be in conflict with a guid-ance document yet is in compliance with regulation.

Without adequate training some SEO’s will be resistant to issu-ing permits for systems based on BMP’s. These SEO’s are having their livelihood placed at risk. Any implementation date should allow for DEP authorized and provided training for SEO’s to occur.

Just as new onlot sewage treat-ment and dispersal technologies must be proven to work in the state BEFORE they are approved for use, the BMP processes proposed should be required to undergo eval-uation and prove that they perform as the Department claims. n

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The RepoRTeR w May 2013 13

State Representative David Maloney (R-Berks) will be introducing legislation that amends Pennsylvania’s Clean Stream Law to prevent DEP from mandating anti-degradation requirements onlot systems in conjunction with their planning and permitting. His cosponsorship memo states, in part:

“As Pennsylvania is a diverse state with vast rural regions, it is not surprising that more than 1 million onlot sewage systems in the Commonwealth serve an estimated 3.7 million residents. However, following a recent legal challenge to DEP’s approval of an onlot septic planning module DEP proposed new guidance for onlot systems within High Quality and Exceptional Value Watersheds. “The Commonwealth is home to more than 6,090 stream miles of designated High Quality and Exceptional Value, and approximately another 2,500 stream miles meet these criteria. Clearly, we have some of the finest streams in the nation. And, we’ve been able to protect our water while balancing the need for onlot systems. “However, 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.

“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 re-strictions 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. “And, 25 Pa. Code Chapter 73 provides standards for onlot systems like setback distances from streams and percolation tests that have always served as important environmental protections.

“Therefore, I will introduce legislation amending the Clean Streams Law to provide that DEP may not require anti-degradation require-ments for onlot systems in conjunction with their planning and permitting.”

Editor’s Note: Rep. Maloney’s bill was introduced as House Bill 1212 and has been referred to the House Environmental Resources & Energy Committee. n

Legislation Seeks to Prevent Anti-degradation Requirements for Onlot Systems SAC Update on

Chapter 102 ConflictAt a recent Sewage Advisory Com-mittee, the Department presented the draft of the new sewage permit application that was revised to ad-dress the problem caused by Sec-tion 102.43.

The section prohibits SEOs from issuing sewage permits if the proj-ect requires a stormwater NPDES permit.

Enactment of the section led to potential problems in that SEOs have not been trained regarding Chapter 102.

DEP resolved the problem by placing two check boxes asking the applicant if a NPDES permit was required and if one had been obtained.

It would be DEP policy that SEOs could rely on the applicant’s an-swers to fulfill their duty under 102.43. n

The Reporter reaches more active SEOs than any other publica-tion in the Commonwealth. It is the most effective way for you to reach the SEOs that review appli-cations in which your products are specified. Contact PASEO for more details at (717) 761-8468 or [email protected]. n

Advertise inThe Reporter

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Pennsylvania association of sewage enforcement officers14

PA Senate Bill 449 of 2013 - This legislation amends the Sewage Facilities Act to provide an additional exemption for property owners. Under current law, contiguous tracts of land of ten acres or more are exempted from having to acquire a permit or plan revision for an onsite sewage system. The land must be occupied by the property owner or his immediate family, and the property owner must have been the owner of record as of January 10, 1987. SB 449 will provide an additional exemption for very large properties. Specifically, it will exempt property owners from having to acquire a permit or plan revision for the installation of an individual onsite sewage system for a residential structure on a contiguous tract of land of 100 acres or more. Also, there will be no requirement for how long a property owner must be the owner of record in order to qualify for this exemption. n

PA Senate Bill 196 of 2013 - SB152 that will enable the Pennsylvania Infrastructure Investment Authority (“PENNVEST”) to expand its capability to more effectively utilize federal monies provided by the Clean Water State Revolving Fund (“CWSRF”) to fund storm water management and non point source (“NPS”) remediation projects. Under the CWSRF, PENNVEST is allowed to fund traditional point source treatment projects under

section 212 of the Clean Water Act (“CWA”) and certain non point source (“NPS”) projects as developed under Section 319 of the CWA. Pursuant to the CWA each state develops its own Section 319 plan subject to the Environmental Protection Agency approval. The Commonwealth’s Section 319 plan is an evolving document and is intended to reflect the changing needs in the Commonwealth for the control of NPS pollution. The proposed changes will (1) continue to implement the original intent of PENNVEST’s enabling legislation by requiring compliance with the SWMA for projects designed to address urban runoff (2) allow PENNVEST to fund other NPS program activities that are identified under the Commonwealth’s Section 319 plan that cannot be easily funded under the current legislative language and (3) expand the universe of eligible applicants to include non-governmental entities such as nonprofit organizations and watershed groups. n

PA House Bill 387 of 2013 -- Due process for Sewage Enforcement Officers. The SEO against whom a civil penalty is assessed is denied due process as we traditionally understand it. There is no neutral or adjudicating panel or person. In order for the penalty to be challenged, the penalty must first be paid. This legislation would require in all actions brought by the Department against a SEO

that the DEP proves its assertions and it pursues all such actions before the existing State Board for the Certification of Sewage Enforcement Officers. n House Bill 142 of 2013 -- Requiring notice to affected property owners. This legislation would require municipalities who are contemplating changes to their ACT 537 Sewage Facilities Plan by requiring public sewers of residents to provide notice by certified mail to potentially affected property owners at least 30 days prior to the public hearing required by Act 537.n

House Bill 997 of 2013 -- Soil Scientist Licensing. This bill adds Soil Scientists to the list of professions for which practicing persons must be licensed and registered. It adds soil science members to an existing professional oversight board and outlines requirements for licensing of a professional soil scientist. Lack of professional soil science may prove to be harmful when a structure is weakened, damaged or even collapses because soil advance work was not properly done. A sewer system malfunction resulting from lack of training also has environmental impacts affecting public health and safety. There is no statutory definition as to what soil science is or what qualifications constitute credentialing as a professional soil scientist. n

Legislative News from the Capitol

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The RepoRTeR w May 2013 15

In order to see these priorities realized, change will be coming. We will attacking on several fronts. First, PASEO is about to have a newly redesign and updated web-site. The new website will provide information to the well healed SEO, the newly minted SEO as well as the public. Please check in at www.pa-seo.org after mid-May to see out great new website.

Next will be the 2014 PASEO Conference and Trade Show. The Conference Committee is already hard at it; planning to and bring you another terrific educational op-portunity. Please check the website often for details. The Conference theme will be chosen in the coming

weeks and we will be looking for speakers, exhibitors and sponsors. Please contact your PASEO Vice President and Conference Com-mittee Chairperson, Cynthia Lee or our administrator Mark Mit-man with any questions or possible speakers.

Finally, PASEO will be providing additional opportunities to con-tinuing education credits. These will be both classroom and web based opportunities. Our goal is to provide for credits in the most cost effective manner. We are well aware that in these still tough economic times we need to keep the cost as low as possible. I believe that through our relationships with

manufactures and PADEP, we will be able to provide you with relevant training as the cheapest cost.

On a personal note, I would like to thank the prior executive body for their guidance of PASEO over the past two years. From Dave Horvat, President to Bob Mohn, Secretary, Jim Sanders, Treasure and Larry Earney, Vice President and Dan O’Connell, Past President, thank you for your stewardship.

Again, Thank You. Please feel free to contact me if you have any ques-tions, suggestion or complaints. I promise I will listen and help if possible. n

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President’s Message...continued from page 1

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4902 Carlisle Pike #268Mechanicsburg, PA 17050

(717) 761-8648www.PA-SEO.org

Our mission is to protect the public’s environmental health through education and proper implementation of appropriate wastewater treatment technology.

INSIDE THIS ISSUE OF THE REPORTER:

PA DEP’s Anti-Degradation PoliyLegislative News

Photos from PASEO’s Annual Conference

© 2013 PASEO, all rights reserved