New septic rules causing concern

By TOM KANE

DAMASCUS, PA — A recent action by the Pennsylvania Department of Environmental Protection (DEP) concerning the process of subdividing properties with sewage modules is causing anxiety and uncertainty on the part of township officials.

Because of a decision by the state’s Environmental Hearing Board (EHB) in Berks County, the DEP decided to review all proposals for on-lot sewage systems to determine whether the water quality of exceptional value (EV), a ranking of water quality, will be maintained and protected.

The case involved a request by the Pine Valley Watershed Alliance not to submit a sewage module plan when it subdivided land. The board rejected the request and directed that any subdivision development proposal with an on-lot septic system in any area of exceptional value (EV) waters had to submit a sewage maintenance plan that assured the water would continue to be of exceptional value.

In the most recent action, five Wayne County organizations sent a combined letter to every elected official, urging them to take immediate action to reverse the DEP requirement. The letter, which was signed by the

Wayne County Commissioners, the Wayne County Association of Township Officials, the Wayne County Builders Association, the Wayne County Bar Association and the Wayne County Economic Development Corporation said “there was an urgent need to re-establish legislative control over DEP and to ensure that its programs are once grounded in the law with attention paid to the full range of concerns our communities face.”

The anxiety started locally when DEP returned applications for subdivisions to the townships without comment.

“This has township officials and contractors yelling,” said Robert DiLorenzo, sewerage enforcement officer for Shohola, Milford Borough, Milford Township and Matamoras. “Not only are construction plans at a standstill, but the townships are the ones who must regulate these new DEP rulings. They just don‘t have the resources to do this.”

“They did not just reject subdivisions,” said Jeff Dexter, chairman of the Damascus Township board. “They returned them and we didn’t know why. We received no letter from them about this.”

Upon further enquiry, Dexter was told that the township would have to pass a new ordinance requiring a higher standard in the sewage system planning module that accompanies every subdivision approval.

DEP spokesman Mark Carmon denied that an ordinance would have to be passed by townships. “When a subdivision is requested, a township will have to contact DEP each time and talk about ways to maintain high water quality.

“This is going to burden the townships because our septic coordinator is going to be required to inspect the systems to be sure the homeowners have a plan to clean out the system every three years and then ensure that they did it,” he said.

“The provision to clean out systems every three years doesn’t make sense, since many in our township are second-home owners and aren’t here all year and don’t use their systems very much,” said Nelia Wall, a supervisor in Shohola Township.

“The court case requires that DEP must apply stringent anti-degradation regulations to all new on-lot systems and eventually to every septic system,” Carmon said. “This will be done on a case-by-case basis.” The cost of this activity will have to be passed on to the homeowner who seeks a subdivision or new construction, he said.

“What this means is that DEP will not issue on-lot septic system permits until the township has a sewage management ordinance in place,” said James Wheeler, director of environmental affairs for the Pennsylvania Association of Township Supervisors (PSATS). “The best way to implement this may be to require the change on new construction or new subdivisions and, eventually in time, require it of all septic systems. DEP will have to determine what route to take.”