A person who is a resident or a legal or equitable property owner in a municipality may file a private request with the Department requesting that the Department order the municipality to revise its official sewage plan under § 71.14 (relating to private request to revise official plans) when the resident or property owner can show one of the following:

1. (1) That existing sewage facilities within the municipality are not being properly operated and maintained under this part.
2. (2) That a revision for new land development does not adequately address the administrative, technical or legal functions needed to carry out operation and maintenance of the proposed facilities.

Authority

The provisions of this § 71.75 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Source

The provisions of this § 71.75 adopted August 2, 1971, effective August 3, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (206598).