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Roughly a quarter of Pennsylvanians rely on septic systems, according to DEP statistics. In this area, many of those who use the systems also live within the high-value watersheds the state is charged to protect.

In the past, home and business owners applying to install a system – a few dozen per year in Blair County alone, according to county officials – had to prove that damaging nitrates, a waste byproduct, wouldn’t leach into protected streams and creeks.

But a 2011 court ruling declared that the DEP’s regulations weren’t enough; it had to rewrite the guidelines to better ensure rural homes and businesses weren’t unknowingly pumping wildlife-killing nitrates into the water.

That ruling led to the new proposal, which includes a “point” system for some landowners: To be approved for a septic system, you must meet a series of requirements, adding the points from each environmental benefit until you reach the magic number of 45.

To get points, you can own a large plot, plant forested buffers, situate your system far from a protected stream or install novel devices that remove nitrates.

For those in high-quality watersheds, a small riverside plot might be approved only with the help of cleaning systems that cost thousands of dollars.

“They can mix and match and pick what works best for them,” said Kevin Sunday, DEP deputy press secretary.

“Sewage is a contributor to [nitrate damage], and a major one,” he said.

Sunday stressed that the point system would apply only to new construction and only to those living around high-quality waterways. But for areas crisscrossed by clear creeks and streams, the regulations could seriously hamper development, opponents have said.

“If you’re in one of those townships, yes, it could have a devastating economic impact on you,” said James Wheeler, environmental affairs director for the State Association of Township Supervisors.

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