(a) A certificated water public utility or a certificated wastewater public utility seeking to extend a main to provide service to a property beyond its certificated service territory including those situated within a planned development shall provide with its application:
- (1) General information. A copy of the developer’s application for service or a certified statement from the owners of parcels of land in the extension area that they are requesting service.
(2) Map of extended service territory. A map or plan of suitable scale and detail highlighting the boundaries of the geographical area encompassing the proposed distribution or collection main extension, including the following:
- (i) A description by bearing angles and distances.
- (ii) The location or route of the extended water or wastewater system.
- (iii) The elevations of major facilities and service territory.
(3) Plant in service and general system information.
- (i) An engineering report that contains a full description of the proposed distribution or collection main extension for the water system or wastewater system and the manner, including the pipe sizes, quantities and material used for construction for all transmission and distribution or collection facilities and the approximate time schedule for installation of the various component facilities of the main extension.
- (ii) A certification letter from a licensed engineering firm that the proposed main extension for the water system or wastewater system was designed and constructed in compliance with § § 65.17 and 65.18 (relating to standards of design; and standards of construction).
- (iii) A breakdown of the cost of construction including the sources of funds used to construct the extension facilities.
- (iv) A valid certified operator’s certificate appropriate to the facilities being operated.
(4) Design and compliance.
- (i) A copy of applicable public water supply permits or water quality management permits or NPDES permits.
(ii) Copies of letters signed by an authorized representative of the relevant governmental entities confirming that the applicant complies with or does not meet all the applicable requirements regarding the collection or distribution main extension. The signed letter from the governmental entity shall be construed as evidence of the applicant’s proof of compliance or noncompliance with the following mandates:
- (A) Applicable design, construction and operation standards of DEP, including 25 Pa. Code § § 109.702 and 109.709 (relating to operation and maintenance plan; and cross-connection control program) and 25 Pa. Code Chapter 94 (relating to municipal wasteload management).
- (B) Applicable design, construction and operation standards and requirements of the county health department.
- (C) The Delaware River Basin Commission, the Susquehanna River Basin Commission, the Ohio River Basin Commission and the Great Lakes Commission standards.
- (D) Applicable requirements of the current Pennsylvania State Water Plan, including any local watershed areas.
- (E) Applicable requirements of any officially adopted Act 537 Plan, county, multi-municipal or municipal comprehensive plans, and applicable zoning designations and ordinances, including evidence of preliminary plan approval for the anticipated planning development subdivision and final plan approval whenever such approval is granted or necessary amendments.
- (F) A certification letter from a professional engineer that indicates the system is capable to meet a defined fire flow.
(b) DEP compliance history.
- (1) If the applicant is a Class B or Class C water public utility, it shall provide a 5-year history of compliance with DEP regulations with an explanation of each violation.
- (2) If the applicant is a Class B or Class C wastewater public utility, it shall provide a 5-year history of compliance with DEP regulations with an explanation of each violation.
(c) Financials.
- (1) If the applicant is a Class B or Class C water public utility, it shall provide a copy of its last annual financial report filed with the Commission and a summary of earnings for the past 5 years.
- (2) If the applicant is a Class B or Class C wastewater public utility, it shall provide a copy of its last annual financial report filed with the Commission and a summary of earnings for the past 5 years.
(d) Information on affected water systems and wastewater systems.
- (1) Identify each operator of a municipally owned public water system or municipally owned public wastewater system that is providing water public utility service or wastewater public utility service within the municipalities in which it seeks to extend its distribution main.
- (2) Identify the other certificated water public utilities or certificated wastewater public utilities providing water public utility service or wastewater public utility service within the municipalities in which the applicant seeks to extend its distribution main.
- (3) Identify the other certificated water public utilities or municipally owned public water systems or certificated wastewater public utilities or municipally owned public wastewater systems that are directly adjacent to, abut or are situated within one mile of the proposed extension of its distribution main.
(e) Service.
(1) At the time of filing, a complete copy of the application with exhibits shall be served by registered or certified mail, return receipt requested, upon:
- (i) Each city, borough, town, township, county and related planning office, which is included, in whole or in part, in the proposed extended service territory or service territories.
- (ii) The Commission’s Bureau of Investigation and Enforcement, the Office of Consumer Advocate, the Office of Small Business Advocate and DEP’s central office and regional office or offices situation in the proposed extended service territory or territories.
- (iii) Each affected water system and wastewater system described in subsection (d)(1) and (2).
- (f) Notice. The application will be docketed by the Secretary of the Commission and thereafter forwarded for publication in the Pennsylvania Bulletin. The applicant shall also publish notice of application, as supplied by the Secretary, once a week for 2 consecutive weeks in one newspaper of general circulation located in the service territory or territories covered by the application and shall submit proof of publication to the Commission. If the application includes a request to provide service in an area covered by a mandatory connection ordinance, the notice provided under this section shall include a conspicuous statement that such an ordinance applies.
Authority
The provisions of this § 3.514 added under 66 Pa.C.S. § § 1101—1103.
Source
The provisions of this § 3.514 added September 26, 2025, effective January 26, 2026, 55 Pa.B. 6829.
Cross References
This section cited in 52 Pa. Code § 3.516 (relating to protests).