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Reading parts of statutes, Authority, Source, Notes of Decisions

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SAB101

Junior Member
I'm trying to learn to read statutes and what law it was created from. More of less where it originated from if someone can help please.

This is a section of a statute I've been looking at and I know it's a strange topic.:eek:



CHAPTER 73. STANDARDS FOR ONLOT SEWAGE
TREATMENT FACILITIES

Authority

The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); and section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9), unless otherwise noted.

Source

The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.B. 508, unless otherwise noted.

Notes of Decisions

This chapter applies only to subsurface absorption areas or retention in holding tanks and thus is inapplicable to the proposed above ground spray irrigation system. Hay**** Township v. Department of Environmental Resources, 530 A.2d 514 (Pa. Cmwlth. 1987); appeal denied 544 A.2d 1343 (Pa. 1988).

Cross References

This chapter cited in 6 Pa. Code § 21.27 (relating to domiciliary care home certification and recertification standards); 7 Pa. Code § 49.45 (relating to sewage); 7 Pa. Code § 78.73 (relating to sewage disposal); 7 Pa. Code § 82.10 (relating to sewage disposal); 25 Pa. Code § 71.21 (relating to content of official plans); 25 Pa. Code § 71.62 (relating to individual and community onlot sewage systems); 25 Pa. Code § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies); 25 Pa. Code § 72.2 (relating to scope); 25 Pa. Code § 72.21 (relating to general); 25 Pa. Code § 72.33 (relating to well isolation distance exemption); 25 Pa. Code § 171.5 (relating to sewage disposal); 25 Pa. Code § 302.103 (relating to scope); 28 Pa. Code § 18.5 (relating to sewage disposal); 28 Pa. Code § 19.6 (relating to sewage disposal); and 28 Pa. Code § 20.22 (relating to sewer connection); 34 Pa. Code § 403.1 (relating to scope); and 34 Pa. Code § 403.21 (relating to Uniform Construction Code).
 


SAB101

Junior Member
I've been looking on line for hours trying to figure out what the Authority, Source, Notes of Decisions of a statutes are. I not looking for people to do homework.

I just want to know what a Authority, Source, Notes of Decisions is.
I have no idea what importance of it in a statute is. If some one can point me to a site I'll go look it up.
 

sandyclaus

Senior Member
I've been looking on line for hours trying to figure out what the Authority, Source, Notes of Decisions of a statutes are. I not looking for people to do homework.

I just want to know what a Authority, Source, Notes of Decisions is.
I have no idea what importance of it in a statute is. If some one can point me to a site I'll go look it up.
I suggest you do a search for those terms on a legal dictionary.

I use the following:
http://legal-dictionary.thefreedictionary.com/
AND
http://dictionary.law.com/
 

SAB101

Junior Member
Cool that will work
Thanks for your time

I do have one more question
Does the Authority part of a statute reflect the statute in some common way.

More or less
If a statute is about cars and the Authority in that statutes reference is about cats.
Is that normal?
 
Last edited:

sandyclaus

Senior Member
Cool that will work
Thanks for your time

I do have one more question
Does the Authority part of a statute reflect the statute in some common way.

More or less
If a statute is about cars and the Authority in that statutes reference is about cats.
Is that normal?
The authority part is the legal decision that supports that particular view in the statute. SO, yes to your question.
 
It's difficult to be specific without knowing exactly what type of statute this is, but normally authority identifies the source from which the legislature found the authority to pass the law. In this case it appears the Administrative code, the Clean Streams Law, and the Pennsylvania Sewage Facilities Act have given some government body the authority to regulate sewage, and they have done so with this particular statute.

It appears source, in this context, is identifying the statute and its effective date.

Notes of Decisions is a quick reference that gives a brief summary of some important cases that have interpreted the meaning and application of the statute. They're normally found in annotated codes. For this particular statute, a court has found that "This chapter applies only to subsurface absorption areas or retention in holding tanks and thus is inapplicable to the proposed above ground spray irrigation system."

Because this is the only case mentioned, it appears that this statute is not the subject of much litigation.
 

SAB101

Junior Member
Thank you for taking the time to explain that and that's what I was thinking the Authority of a statute is.

In PA we have a sewage zoning statute "the one above" that regulates sewer drain fields, septic systems about anything that deals with sewage. I live in a country area on 14 acres and the township rarely allows normal sewage drain field installations. They always push for sand mound sewage installations and it is rarely allow mini septic systems the norm in the US. The sand mount has a life span of around ten years at a cost on around 20k for installation and maybe 12k for replacement. After reading about the right to travel compared to driving a motor vehicle and civil rights I have started to wonder if the sewage zoning statute is nothing more than legal theft.

The statue above that regulates sewage zoning refers to the Authority of Clean Streams Law. The Clean Streams Law deals specifically with the discharge of sewage into stream, lakes, rivers, ponds only. I'm trying to figure out how a statue that regulates drain fields and septic systems is based on a The Clean Streams Law that deals with sewage discharge into a river.

In my opinion that's the same as having a law that states you cant drive a car into a river and I understand that. However creating a statue that regulates driving a car based on a law about driving a car into a river. To me that just seems like a violation of due process but I'm still learning about law.

Thanks again
 

SAB101

Junior Member
As for the Notes of Decisions case mentioned County of Adams Vs DEP. After reading some on that particular case the county of Adams was installing a 496 acre sewage treatment plant that server some 17,000 people and the construction started around the date the of the statue. From what I was reading there was some problem with the submission for approval construction date vs state statue implementation date.
 

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