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DEP defends new mandate

Criticism dealt over sewer rules

The state Department of Environmental Protection has responded to accusations by two government officials and a soil expert that prohibiting alternate sewer systems for new construction will have a devastating impact on the economy in the county and statewide.

Kim Geyer, county commissioner, and state Rep. Daryl Metcalfe, R-12th, as well as soil scientist Ron Andrasko did not mince words in sharing their concern that the mandate will halt construction projects, which would negatively affect jobs, the homebuying market, taxes and the economy.

Metcalfe wrote a letter to DEP Secretary Patrick McDonnell accusing the DEP of ignoring an act passed by the Legislature and signed by Gov. Tom Wolf last year that permits alternate sewer systems.

The DEP offered the following statement on the matter late Tuesday afternoon:

“There is no disagreement between Wolf and the agency on the use of alternate on-lot sewage systems in Pennsylvania. DEP is implementing the Pennsylvania Sewage Facilities Act as most recently amended by Act 34 of 2020.

“DEP does not disallow the use of all alternate on-lot sewage systems in Pennsylvania. However, Pennsylvania's Clean Streams Law and other provisions of the Pennsylvania Sewage Facilities Act requires DEP to ensure that sewage plans and treatment technologies protect public health and the environment.

“DEP cannot currently allow the use of alternate on-lot sewage systems in sewage facilities planning for new land development on lots that do not meet the general site suitability criteria established in the existing regulations.

“Approved alternate on-lot sewage systems can still be used in Pennsylvania to replace malfunctioning on-lot sewage systems and in some other circumstances.

“As indicated in DEP's Feb. 23 presentation to the Sewage Advisory Committee, to implement the amended Pennsylvania Sewage Facilities Act, a rule-making will be needed to add site suitability provisions for alternate on-lot sewage systems to the agency's regulations.

“DEP is working to initiate a rule-making process. Without site suitability criteria for alternate on-lot sewage systems, the agency cannot assure that the use of these systems on sites with shallow soils will be sufficiently protective of public health and the waters of the state.

“As indicated in that presentation and in a recent letter to sewer enforcement officers, DEP is also working on additional guidance for those officers regarding implementation of the amended Pennsylvania Sewage Facilities Act.”

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