A Butler County commissioner testified that disallowing alternate on-lot sewage systems would have significant negative economic effects on Butler County.

But the state Department of Environmental Protection countered that continuing to use them for new construction projects could cause pollution and affect property values.

The testimony occurred April 27 during a hearing before the Joint House and Senate Environmental Resources and Energy Committee.

The committee, which includes State Rep. Daryl Metcalfe, R-12th, held the hearing to flesh out a debate regarding a March 2 letter the DEP sent to all sewage enforcement officers (SEOs) in the state.

The letter mandated that, although Gov. Tom Wolf signed Act 34 to allow for alternate sewage systems to be placed on lots where conventional sewage systems are not feasible, the DEP does not permit the alternate sewage systems because such lots have no “site suitability criteria.”

That means the alternate sewage systems cannot be used on new lots where a conventional septic system is not suitable.

Kim Geyer, a Butler County commissioner with more than three decades of experience in the construction and development industry, testified virtually at the hearing that because of the county's hilly terrain, alternate sewage systems make up 75% of all new home construction in areas not serviced by public sewer systems.

“These systems are recognized by regulatory officials and experts in the industry as some of the most reliable wastewater technologies in the marketplace today,” Geyer testified.

She said because the northern section of the county is mostly rural and does not have public sewer systems, those who purchase or inherit land there could not build new homes.

“This could reduce or stagnate rural school district student populations and reduce school funding through a reduction of property taxes and minimal land values, which these property taxes would be based upon,” Geyer said.

She said restricting alternate sewage systems could put SEOs in rural areas permanently out of business and devastate construction companies that are already dealing with losses from the coronavirus pandemic, a shortage of skilled workers and elevated building material prices.Geyer testified that in the first four months of 2020, 468 building permits were filed with the county.“Many of these property owners, sellers and buyers would be affected (by a restriction on alternate sewage systems),” she said.All efforts should be made to invest in creating a more stable work environment in Pennsylvania, Geyer said.“We should be providing our municipalities and taxpayers with every tool — made available to all other states — in Pennsylvania's toolbox for their usage in lieu of tying their hands via regulations and putting them at a distinct disadvantage,” Geyer testified.In closing, she suggested the DEP reach out to neighboring states that allow alternate sewage systems to determine how they are used while protecting public health and the environment.But Aneca Atkinson, deputy secretary of the office of water programs at DEP, testified that Act 34 was misinterpreted by many and does not allow for the use of alternate sewage systems on new lots.She said the systems are to be used only on existing lots where the conventional septic system has failed and no other option exists or on lots that were created before the current sewage planning requirements.

Atkinson said site conditions must provide adequate, long-term sewage treatment and disposal according to DEP requirements. As of today, the DEP does not recognize alternate sewage systems as doing so.“These alternate on-lot systems could pollute the same wells that the homes they are serving rely on as a drinking water supply,” Atkinson testified. “Also, (they) could result in sewage wetlands created on these properties.”She said those conditions would place the onus on municipalities to address malfunctioning systems and leave the owners of the homes with devalued property.Atkinson said a “rulemaking” on alternate sewage systems should be made, and that DEP plans to present a proposed rulemaking on the issue to the state Environmental Quality Board in 2022.She said the DEP will consider alternate sewage systems until that time.Atkinson said a letter will be sent to all SEOs in the near future that will answer questions about alternate sewage systems, and future questions from SEOs, local agencies, developers and the regulated community will be answered by DEP.Lyndsay Kensinger, Wolf's spokeswoman, noted the governor said when signing Act 34 that the DEP has a responsibility to protect public health and ensure that the waters of the state are not polluted.Wolf agrees that rulemaking is needed “to add site suitability provisions for alternate on-lot sewage systems to DEP's regulations.”He also confirmed that DEP cannot currently allow alternate on-lot systems for new land development on lots that do not meet general site suitability criteria listed in the existing regulations.