8 Pa.C.S. Ch. 20

in effect

8 Pa.C.S. § 2000 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Combined sewer." A sewer used for the receiving and collecting of sewage and liquid waste from the inside of buildings and structures, storm water, roof or surface drainage, sump pump discharge and draining from foundation drains. "Sanitary sewer" or "sanitary sewer system." A sewer or sewers used for receiving and collecting sewage matter and liquid waste from the inside of buildings and structures. Storm water shall not be permitted to enter into a sanitary sewer. A sanitary sewer or sanitary sewer system does not include a combined sewer. "Sewer system." Either a sanitary sewer or a combined sewer and includes pump stations and force mains.

8 Pa.C.S. § 2001 Power to lay out and construct.

(a) General rule.-- (1) Upon enactment of an ordinance, boroughs may lay out and construct sanitary sewers and branches of sanitary sewers in streets and on public or private property and may construct sewage treatment works on land owned or acquired for those purposes. Boroughs may pay the costs and expenses of sanitary sewer systems and treatment works out of borough funds or may assess the costs and expenses pursuant to Chapter 21A (relating to assessments and charges for public improvements). (2) Boroughs may determine the location and the manner in which sanitary sewer systems shall be constructed. Sanitary sewers laid and constructed in streets may be located in the center of the street or in the right-of-way or the curb lines of the street and may be for the service and use of properties on both sides of the street or on only one side of the street in which they are laid, as directed by the council. Boroughs shall have the authority to lay out and construct sanitary sewers in any street, any portion of which is within the limits of the borough and which forms a portion of the boundary dividing the borough from any other municipal corporation within the same county, in the same manner and to the same extent as if the whole of the street was within the limits of the borough. (3) If any borough is maintaining and operating a sanitary sewer system and sewage treatment works, it shall be lawful for the borough to supply sewerage service to municipalities, persons and corporations outside the limits of the borough and to enter into contracts for service at rates not less than those required to be paid by persons and corporations within the limits of the borough. This privilege shall not conflict with the rights of any sewer company or the rights of any other borough. (b) Consent.-- (1) If required by other law, a borough shall obtain the consent and permit of the Department of Environmental Protection or other Federal, State or county entity, including the Pennsylvania Turnpike Commission, for the laying out and construction of a sanitary sewer and treatment works. (2) Where construction beyond the limits of the borough is entirely within the limits of a State or county highway or the turnpike, a sanitary sewer may be constructed in or under the State or county highway or turnpike if written notice is given to the Department of Transportation, county commissioners or Pennsylvania Turnpike Commission, respectively, and consent is obtained before construction is commenced. Permission shall not be unreasonably withheld. (c) Regulations.--Council may, by ordinance, make regulations respecting the use and maintenance of the sanitary sewer system and treatment works. Violations of the ordinance may be enforced by penalties. The regulations may do all of the following: (1) Specify materials and substances which may or may not enter the public sewer or sewer system. (2) Require that certain types or classes of waste be subjected to treatment or to grinding or other reduction in size before entering into the sewer. (3) Restrict the quantity of waste material that may enter a sanitary sewer from any premises within any time interval. (4) Require that property owners provide means other than the public sanitary sewers for disposal of storm, surface and roof water originating or accumulating upon their property.

8 Pa.C.S. § 2002 Assessments.

Assessments, whether based according to benefits conferred or by the front foot basis, and assessment awards, if any, shall be calculated pursuant to Chapter 21A (relating to assessments and charges for public improvements).

8 Pa.C.S. § 2009 Extensions beyond borough limits and eminent domain.

The borough may extend the necessary sewer mains, pipes and outlets beyond the limits of the borough to a point where the sewage is to be disposed or collected and received. The borough shall have power to enter upon and condemn land for the construction of all sewer mains, outlets and treatment works as may be necessary for the disposal or the collection of the sewage if the extension is in conformity with 26 Pa.C.S. § 206 (relating to extraterritorial takings) and any other applicable requirement of 26 Pa.C.S. (relating to eminent domain).

8 Pa.C.S. § 2010 Notice of certain ordinances.

No ordinance for any construction of sewers or treatment works beyond the limits of the borough shall be enacted until notice of the ordinance has been given in all of the following manners: (1) By publication of the proposed ordinance once a week for four weeks in one newspaper of general circulation. (2) By serving copies of the proposed ordinance at least ten days before the enactment of the ordinance upon all land owners through whose land the sewer is to pass or on whose lands any treatment works are to be located.

8 Pa.C.S. § 2012 Unlawful to build within right-of-way of sanitary sewers.

It shall be unlawful for any person to erect any building or make any improvement within the right-of-way of any sanitary sewer after due notice of the laying out of the sanitary sewer, and, if any erection or improvement shall be made, no allowance shall be had for the building or improvement in the assessment of damages.

8 Pa.C.S. § 2013 Opening sanitary sewers.

(a) General rule.--A proceeding to open a sanitary sewer shall be void if a borough: (1) lays out any sanitary sewer over or under private property which is located in whole or in part within the limits of the borough; and (2) does not proceed to open the sanitary sewer and to assess the damage arising therefrom within two years from the enactment of the ordinance. (b) Exception.--If a borough has laid out a sanitary sewer without the enactment of an ordinance prior to July 16, 2012, and has not opened the sanitary sewer, the proceedings shall not be deemed to be void. The borough shall have two years from July 16, 2012, to open the sanitary sewer or the whole proceeding shall be void.

8 Pa.C.S. § 2021 Joint sanitary sewer systems.

(a) General rule.--Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), boroughs may contract with other municipal corporations providing for the joint construction or maintenance of sanitary sewer systems and for the joint construction onto existing sanitary sewer systems. The agreement shall provide for the apportionment of costs among the municipal corporations. The council may assess the borough's respective portion of the costs, as may be legally assessable, upon property benefited by the facilities pursuant to Chapter 21A (relating to assessments and charges for public improvements). Any portion of the cost not assessed or assessable shall be paid by the respective municipal corporations under the agreement. (b) Composition of joint sanitary sewer board.-- (1) The municipal corporations joining or contemplating joining in any improvement, in order to facilitate the building of the sanitary sewer system and in securing preliminary surveys and estimates, may, by ordinance, provide for the appointment of a joint sanitary sewer board composed of one representative from each of the municipal corporations joining. The board shall act as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance. (2) Members of the joint sanitary sewer board shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed. The joint sanitary sewer board shall organize by the election of a chair, secretary and treasurer. The secretary and treasurer may be the same person. (3) The municipal corporations may, in the ordinances creating the joint sanitary sewer board, authorize the board to appoint an engineer, a solicitor and other assistants as are deemed necessary and agree to the share of the compensation of those persons each municipal corporation is to pay. (4) The members of the joint sanitary sewer board shall receive compensation for attending board meetings as established in the budget that is prepared by the joint sanitary sewer board and submitted to and adopted by the municipal corporations. The members shall be entitled to actual expenses to be paid by the respective municipal corporations the members represent. (c) Powers of the joint sanitary sewer board.-- (1) The joint sanitary sewer board may adopt rules and regulations consistent with the requirements of this part to govern its proceedings and shall prepare and suggest any practical measures and plans by which the joint improvement may be carried to successful completion and plan the future development of the system, so as to conform to a general plan. (2) The joint sanitary sewer board may prepare a joint agreement or agreements for submission to and adoption by the municipal corporations defining the advisory and administrative powers of the joint sanitary sewer board and setting forth the following: (i) Consents of the municipal corporations to the proposed improvement. (ii) The manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted. (iii) How proposals for bids shall be advertised and contracts awarded. (iv) The manner in which the costs of the improvement and other incidental and preliminary expenses in connection with the improvement and the future cost of operation and maintenance shall be equitably shared, apportioned and paid. (v) All other matters, including the preparation and submission of annual and other budgets, as may be deemed necessary or required by law to complete the proposed improvement and to assure future maintenance and operation thereof. (3) The joint sanitary sewer board may not make any improvement or spend any public money which has not first been authorized by all of the municipal corporations proceeding with the improvement. (d) Eminent domain.-- (1) When it is necessary to acquire, appropriate, injure or destroy private property to build a joint sanitary sewer system or improvement and the property cannot be acquired by purchase or gift, the right of eminent domain shall vest in the municipal corporation where the property is located. (2) When it is necessary to acquire, injure or destroy property in any territory not within the limits of any of the municipal corporations joining in the improvement, the right of eminent domain shall be vested in the municipal corporation adjacent to the territory where the property is located subject to 26 Pa.C.S. § 206 (relating to extraterritorial takings). (3) Damages for any property taken, injured or destroyed shall be assessed under laws relating to the municipal corporation exercising the right of eminent domain and shall be paid by the municipal corporations joining in the same proportion as other costs of the improvements. (e) Indebtedness.--Each of the boroughs joining in the improvement shall have power to incur or increase its indebtedness, not exceeding the constitutional limits, for the purpose of paying its share or portion of the cost of the improvement in the manner now provided by law for the incurring of indebtedness.

8 Pa.C.S. § 2023 Connections with sanitary sewers of adjacent municipalities.

A borough may connect with an existing sanitary sewer, owned by an adjacent municipality, for sewerage purposes in the manner prescribed in sections 2024 (relating to applications to court), 2025 (relating to appointment of viewers) and 2026 (relating to report of viewers and appeals to court).

8 Pa.C.S. § 2024 Applications to court.

If a borough desires to connect with the existing sanitary sewer of an adjacent municipality and no agreement, either upon the basis of a rental payment for the use of an existing sanitary sewer or a division of the cost of the construction or maintenance of the sanitary sewer, has been reached between the borough and the adjacent municipality, an application shall be made by council to the court of common pleas of the county where the proposed connection is to be located, setting forth that fact. Cross References. Section 2024 is referred to in section 2023 of this title.

8 Pa.C.S. § 2025 Appointment of viewers.

If the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer, it shall appoint three viewers who shall: (1) View the premises and investigate the facts of the case. (2) Assess the proportionate part of the expense of building the original sanitary sewer upon the borough. (3) Fix the proportion of the expense for repairs which each municipality shall thereafter bear. (4) Determine all other questions liable to arise in connection with the sanitary sewer. Cross References. Section 2025 is referred to in section 2023 of this title.

8 Pa.C.S. § 2026 Report of viewers and appeals to court.

The viewers shall report to the court the result of their investigation. The report shall be confirmed within 30 days unless exceptions are filed. After confirmation of the report or the disposal of any exceptions, any party interested may appeal from the decision of the court of common pleas. Cross References. Section 2026 is referred to in section 2023 of this title.

8 Pa.C.S. § 2040 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Community sewage collection or disposal system." All or part of a device or devices installed on any privately or publicly owned parcel of land intended to treat or dispose of the sewage or equivalent volume of domestic sewage from two or more residences, buildings or occupied parcels of land, or any system of piping used in collection and conveyance of sewage on private or public property.

8 Pa.C.S. § 2041.1 Power to acquire community sewage collection or disposal systems.

(a) General rule.--A borough may, by ordinance, acquire ownership of a community sewage collection or disposal system by purchase or by the exercise of eminent domain pursuant to 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners. (b) Assessment of costs and expenses.--In eminent domain proceedings, the viewers shall assess the costs and expenses of the community sewage collection or disposal system acquired by the borough upon the property or properties benefited according to benefits. Any deficiency that is not assessed upon the benefited property or properties shall be paid by the borough.

8 Pa.C.S. § 2043 Community sewage collection or disposal systems.

(a) General rule.--After a community sewage collection or disposal system has been acquired under this subchapter by the borough, the council shall have the power to enlarge the system if it deems it advisable. The cost and expenses of the enlargement may be distributed or assessed in the same manner as if the enlargement was a regular sewer constructed by the borough under other provisions of this part. (b) Acquisition and ownership.--If a community sewage collection or disposal system is established or constructed within a borough by a private owner or owners and the council is thereafter empowered by ordinance to acquire the ownership of the sewage disposal system, or when the system has been enlarged by the borough, the acquisition and ownership shall be subject to the following provisions: (1) An agreement shall be considered a valid agreement by the owners of the sewage collection or disposal system and shall be a transfer of ownership to the borough when any of the following enter into an agreement with the borough for the acquisition of the system by the borough: (i) The person or persons having established or constructed a community sewage collection or disposal system. (ii) More than one-half of the number of owners of properties which are connected with, have a right to use and are using a community sewage collection or disposal system. (2) The borough shall operate and maintain any community sewage collection or disposal system acquired and any enlargement or addition thereto for the use of the following: (i) Persons having acquired from the borough or from the former owner or owners the right to use the system. (ii) Other owners of property accessible to the system up to the capacity of the community sewage collection or disposal system. (3) All persons whose property connects with the community sewage collection or disposal system acquired or constructed by the borough shall pay to the borough treasurer a monthly, quarterly, semiannual or annual charge prescribed by a resolution of the council. The amount of the charges shall not be in excess of the estimated amount necessary to maintain and operate the system and to establish a reserve fund sufficient for its future replacement. (4) All sewer rentals or charges imposed by the council against properties connected with a community sewage collection or disposal system under this section shall constitute liens against the properties and may be collected in the same manner as other sewer charges. (5) All money received from the sewer charges shall be deposited as a special reserve fund and shall be used only for the payment of the cost of operating and maintaining the community sewage collection or disposal system and the replacement of the collection or disposal system, if necessary and economically desirable. If, at any time after the acquisition or enlargement of the community sewage collection or disposal system, a regular sewer system is made available by the borough for connection with the properties using the community sewage collection or disposal system, the owners of the properties shall be subject to the other provisions of this part relating to sewers, and all money at that time in the reserve fund which was received from charges for the use of that particular community sewage collection or disposal system and which is over and above the amount expended for the operation and maintenance of that particular community sewage collection or disposal system shall be used towards the payment of any sewer assessments charged against the properties under other sections of this part. (c) Construction.--Nothing in this section may be construed to supersede the requirements of the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.

8 Pa.C.S. § 2051 Ordinances to require sanitary sewer connections.

A borough may, by ordinance, require any owner of property benefited, improved or accommodated by a sanitary sewer to make connections with the sanitary sewer, in the manner as the borough may order, for the purpose of discharge of drainage or waste matter as the borough may specify. All connections required shall be uniform. The owner shall be given at least 45 days' notice of any ordinance requiring a sanitary sewer connection. Upon failure of the owner to make the connection, the borough may make the connection and collect the cost from the owner by a municipal claim or by an action of assumpsit. The borough may, by penalties, enforce any ordinance it enacts with reference to any sanitary sewer connections.

8 Pa.C.S. § 2053 Tapping fees.

The following shall apply to tapping fees: (1) Any borough may, by ordinance, provide for charging a tapping fee if the owner of any property connects the property with a sanitary sewer system constructed or acquired by the borough if the tapping fee is calculated in accordance with 53 Pa.C.S. § 5607 (relating to purposes and powers). The tapping fee shall be in addition to any charges assessed and collected against the property in the construction or acquisition of the sanitary sewer by the borough. (2) If a sanitary sewer system or any part or extension of a sanitary sewer system owned by a borough has been constructed by the borough at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the borough at the expense of the private person or corporation, the borough shall have the right to charge a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and refund the tapping fee or any part of the fee to the person or corporation who has paid for the construction of the sanitary sewer system or any part or extension of the sanitary sewer system in accordance with 53 Pa.C.S. § 5607. The total of the refunds shall never exceed the cost of the system or any part or extension of the system to the person or corporation paying for the construction of the system or any part or extension of the system. (3) Where the property connected or to be connected with the sanitary sewer system of the borough is not equipped with a water meter, the borough may install a meter at its own cost and expense. If the property is supplied with water from the facilities of a public water supply agency, the borough shall not install a meter without the consent and approval of the public water supply agency.

8 Pa.C.S. § 2061 Ordinance for monthly, quarterly or annual rental.

If a borough constructs any sanitary sewer, sewer system or sewage treatment works or acquires, wholly or partially, the same at public expense, as authorized in this chapter, the council may provide, by ordinance, for the collection of a monthly, quarterly or annual rental or charge or a fixed sum for the use of the sanitary sewer, sewer system or sewage treatment works from the owner of property served by it.

8 Pa.C.S. § 2062 Rental amount.

(a) Included amounts.--The monthly, quarterly or annual rental may include: (1) The amount expended monthly, quarterly or annually by the borough in maintenance, repair, alteration, inspection, depreciation or other expense of the sanitary sewer, sewer system or sewage treatment works. (2) Interest on money expended or borrowed by the borough in the construction of the sanitary sewer, sewer system or sewage treatment works or in the acquisition, enlargement or extension of the sanitary sewer or sewer system. (3) An amount sufficient for the amortization of debt incurred by the borough for the purpose of construction of a sanitary sewer, sewer system or sewage treatment works or for the purpose of acquisition, enlargement or extension of a sanitary sewer or sewer system. (b) Apportionment.--The monthly, quarterly or annual amount or fixed sum shall be apportioned equitably among the properties served by the sanitary sewers, sewer system or sewage treatment works.

8 Pa.C.S. § 2063 Collection of rental.

(a) General rule.--The monthly, quarterly or annual rental or charge or the fixed sum shall be authorized and collected as provided by general ordinances and, if levied and charged, shall be a lien on the properties charged from the date set forth in the ordinance. If the rental, charge or fixed sum is not paid after 30 days' notice, it may be collected by an action of assumpsit in the name of the borough against the owner of the property charged or by a lien filed in the nature of a municipal lien. (b) Collection.--The council shall execute a warrant or warrants authorizing the collection of the monthly, quarterly or annual sewer rentals or charges, or the fixed sum, to the officer employed by council to collect the same. The officer shall have the authority now vested by law for the collection of borough taxes.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=08Fetched: 10/16/2026