§ 1976. Delegation of connection permitting authority to municipalities
(a)(1) The Secretary may delegate to a municipality authority to conduct technical review of proposed projects that include both municipal potable water supply and municipal wastewater system connections that require a permit under this chapter, provided that the water main and sanitary sewer collection line that the water service line and sanitary sewer service line are connected to are owned and controlled by the delegated municipality. A municipality that is delegated authority under this section shall incorporate the requirements of the Secretary’s general permit for potable water supply and wastewater system connections into a municipal connection approval, including deference to applications for connections certified by a licensed designer.
(2) If a municipality submits a request for delegation of authority under this subsection, the Secretary shall delegate authority to the municipality to implement and administer the provisions of this chapter governing municipal potable water supply and wastewater system connections, provided that the municipality:
(A) is qualified to perform the technical review as determined by the Secretary;
(B) receives authorization from the municipal legislative body to administer a program for review of potable water supply and wastewater system connections;
(C) meets any other requirement for the delegation program as adopted by the Secretary in writing;
(D) shall only issue permits for water service lines and sanitary sewer service lines when there is adequate capacity in the public water system, wastewater treatment facility, or indirect discharge system;
(E) submits required documentation of the permitted project as determined by the Secretary; and
(F) complies with the requirements for connection and all requirements of the Agency’s rules adopted under section 1978 of this title.
(b) As of July 1, 2007, those provisions of municipal ordinances and zoning bylaws that regulate potable water supplies and wastewater systems are superseded by the provisions of this chapter and the rules adopted under this chapter. However, to the extent that local ordinances and bylaws apply to potable water supplies and wastewater systems that are exempt from the permitting requirements of this chapter, and to the extent that those local ordinances and bylaws establish procedural requirements that are consistent with this chapter and the rules adopted under this chapter, those provisions of existing and any future ordinances or bylaws shall not be superseded in municipalities that receive delegation under this section.
(c) [Repealed.]
(d) A municipality may assess fees in an amount sufficient to support municipal services provided under this section.
(e) Notwithstanding the fact that local ordinances and bylaws may have been superseded by this chapter, a permit issued under those ordinances shall remain in effect, unless and until superseded by another permit issued pursuant to the provisions of this chapter.
(f) The Secretary may review municipal implementation of this section on a random basis, or in response to a complaint, or on the Secretary’s own motion. This review may include consideration of the municipal implementation itself, as well as consideration of the practices, testing procedures employed, systems designed, system designs approved, installation procedures used, and any work associated with the performance of these tasks. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2015, No. 57, § 22a; 2023, No. 53, § 15, eff. June 8, 2023; 2025, No. 174 (Adj. Sess.), § 4, eff. June 18, 2026.)