What happens to all the water we use inside our homes and businesses? Who takes care of the tanks, pipes and machinery that convey and treat our wastewater?  Most of us know that exposure to improperly treated wastewater spreads disease but that wasn’t always the case.  Fortunately, as a society we have come to recognize that sewage disposal isn’t just out-of-sight, out-of-mind.  Furthermore, we recognize that the water we withdraw from surface and ground supplies must be renovated and re-introduced into the hydrologic cycle for use again.

In 1966, with this in mind, the commonwealth of Pennsylvania passed the Sewage Facilities Act.  Today it is often referred to as Act 537.  Act 537 established procedures for recording, tracking and updating existing and future sewage disposal needs in the commonwealth.  Title 40, Chapters 71, 72 and 73 of the Pennsylvania Code contain the regulation through which Act 537 was implemented.  They provide the structure for the overall administration of Act 537 which includes the development of the municipal Official Plan (Act 537 Plan), certification of Sewage Enforcement officers and septic system design criteria. 

Although the Pennsylvania Department of Environmental Protection (PADEP) is charged with ordering the initial preparation of the Act 537 Plan, requiring and approving revisions when deemed necessary, collecting fees and distributing funding in the form of grants and reimbursements; the responsibility of administering Act 537 falls in large part to local municipal agencies (townships and health departments). 

The Act 537 Plan is basically the where and what of the township’s sewage facilities. Each municipality within Pennsylvania is required to prepare and adopt “a comprehensive plan for the provision of adequate sewage systems.”  Providing adequate sewage systems includes adopting procedures that require the proper operation and maintenance of all wastewater systems in the township.  The Act 537 plan is to be prepared by the municipality and submitted to PADEP for review and approval.  The final approved plan will contain detailed information regarding such things as current sewage disposal practices and infrastructure as well as future strategies to manage growth within the municipality.  This document must include site plans and drawings of all existing sewage disposal facilities (both privately and publicly owned).  The plan must also provide narrative descriptions and mapping that describe the general physical and legal characteristics of the planning area.  These descriptions must include but are not limited to political subdivision boundaries, population data, wetlands and other natural features.  The Act 537 Plan must address all known problem areas and all plans for repairing them.  Also, the Act 537 Plan must contain information regarding all future plans for undeveloped areas and all known or anticipated overloads or planned extensions of existing public sewage systems. 

When a new land development, expansion, re-development or repair project is proposed, PADEP will review the applicant’s documentation and determine if the municipal Act 537 Plan must be revised or updated to accommodate the anticipated additional sewage flows or discharge.  Applying for and receiving approval to revise the Act 537 Plan is commonly referred to as the “planning approval process.” It is often carried on in conjunction with other land development application/approval activities.  There are some scenarios in which an exception or exemption from planning is granted.  Upon request, PADEP will assign the appropriate planning module package(s).  The planning module(s) may be prepared by the municipality, the developer or their consultant and must be submitted to the appropriate authorities for review and comment.  After review by the appropriate agencies the planning module must also be reviewed and endorsed by the municipality.  It is then submitted to PADEP for final approval.  PADEP has endeavored to develop planning module packages that reduce the burden of paperwork for the applicant; however, each new land development project is unique and usually requires a different combination of documentation and varying levels of participation from local, state and federal agencies.  For example, depending on what system of sewage collection, treatment and disposal is proposed, detailed soil evaluations may be required.   Additionally, some projects are subject to public comment and additional reviews to determine if there are significant impacts to objects of historical significance, protected plants or animals or if the proposed project is in keeping with long term regional planning.  Due to the differing circumstances and varying number of agencies involved in the Act 537 planning process the length of time it takes to receive planning approval differs from project to project. 

A very important part of every planning application is the question of who will operate and maintain the new facilities.  This question is answered in a variety of ways but most often comes down to the developer, township and the homeowner working together to ensure the long term operation and maintenance of the system(s).  Once the planning package has been approved it is filed with the township’s Act 537 Plan and with PADEP.  In some cases, the documents are actually adopted by resolution as a revision to the Act 537 Plan.  In other cases, they are simply added as a supplement to the plan.

Upon receipt of planning approval, the applicant is usually free to begin submissions for septic system permits, building permits and well permits.  

While this is a very simplified overview of Act 537 it is easy to discern the ultimate goals of its authors.  By establishing a method of record keeping, system design parameters and operation and maintenance guidelines Act 537 has an influential role in protecting public and environmental health and at the same time promoting renewal of a natural resource.