DEP Requires Anti-degradation Analysis For On-Lot Septic Systems
In at least two instances, DEP has recently begun requiring developers to perform an anti-degradation analysis for on-lot septic systems relative to potential impacts to special protection waters. Both of these matters relate to planning modules for 537 Plan Revisions for subdivisions within the Pine Creek Basin in Berks County. Under the Department’s regulations, when a hydrogeologic study is required to determine potential impacts to groundwater, such study relates to the minimum lot size required to properly assimilate nitrogen from the on-lot systems to ensure that the drinking water wells of down gradient lots are not adversely affected by causing the nitrate level to exceed 10 mg/l. Under DEP’s new position, where the proposed on-lot systems are located within special protection waters, DEP now required an assessment of potential impacts to those waters. There is presently litigation pending before the Environmental Hearing Board relative to the validity of the Department’s new policy, which policy appears to be at odds with the Department’s own anti-degradation policy.
