Governor Tom Wolf signed into law, on July 20, 2017, Act 26, which amended the Pennsylvania Sewage Facilities Act concerning the use of alternate sewage systems for purposes of obtaining planning module approval from DEP for a new project. Act 26 is scheduled to take effect on or about September 18, 2017.

Many developers ask the question as to their right to use A/B sewage systems and other alternate sewage systems for purposes of obtaining planning module approval for a new project. Up until recently, DEP has taken the position that they do not have the authority to approve a planning module that uses alternate or experimental sewage systems. This position was recently confirmed in a memo issued by DEP, dated March 23, 2017[1]. In other words, DEP would not allow A/B sewage systems, and other alternative systems, to be used for purposes of planning module approval for a new project. This routinely resulted in developers obtaining less density than they could otherwise obtain by having to use conventional sewage systems for planning module approval.

Act 22 now requires DEP to accept, for the purpose of satisfying general site suitability requirements, any conventional or alternate on-lot sewage systems permitted by a sewage enforcement officer. Therefore, A/B sewage systems, and other alternate systems, should now be allowed to be used for planning purposes. Act 22 goes on to require DEP, in consultation with the sewage advisory committee and within 180 days of the effective date of the Act, to develop scientific, technical and field testing standards upon which an evaluation of each on-lot sewage system that has been classified as an alternate system shall be based. The Act also requires DEP, in consultation with the sewage advisory committee, to review the scientific, technical and field testing data for each individual on-lot sewage system and each community on-lot sewage system that is classified as an alternate on-lot sewage system and, based on this information, either reclassify the alternate sewage systems as a conventional system or remove the system’s classification as an alternate system.

I suspect that there will be more to follow on this topic. Nevertheless, to the extent that a developer has a project that can yield greater density using one or more alternate systems, then the developer should consult with its legal counsel and sewer consultant as to its viability to do so based on Act 26.

For more information on the use of alternate systems, or the approval of planning modules in general, please feel free to contact Rob Gundlach at (215) 918-3636 or rgundlach@foxrothschild.com.

[1] See prior Blog on this subject from this author.