73 Pa.C.S. Ch. 61

73 Pa.C.S. Ch. 61
in effect

73 Pa.C.S. § 6101 Power to establish and construct sewers and drains and require connections and sewer rentals.

(a) Establishment and construction.--Townships may establish and construct a system of sanitary sewers and drainage, locating the system, as far as practicable, in the right-of-way of the street in a street. The system 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 the system is laid, as seems advisable to the township commissioners. (b) Connections.--The board of commissioners may, in accordance with section 6102(a) (relating to required connection and fees), permit, and, if necessary for the public health by ordinance, require an owner of property benefited, improved or accommodated by sanitary sewers, to make connections with the sanitary sewer system in the manner specified by the board of commissioners. All connections required shall be uniform. (c) Regulations.--The board of commissioners may, by ordinance, make regulations relating to 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 a premises within any time interval. (d) Rate.-- (1) Each person whose property is connected to a sanitary sewer system shall pay a monthly, quarterly, semiannual or annual rate to the township, in addition to the cost of making connections to the sanitary sewer system. (2) The initial imposition of the rate under paragraph (1) shall be established by ordinance. Any subsequent rate adjustments may be by resolution, provided that the ordinance establishing the rate allows for future rate adjustments by resolution adopted at a public meeting. This paragraph shall not be construed to invalidate or void any rate imposed or adjusted prior to the effective date of this section. (3) The rate under this subsection shall constitute a lien, until paid, against the property connected to the sanitary sewer system, and the amount may be recovered by due process of law through an action in assumpsit in the name of the township against the owner of the property charged or by a lien filed in the nature of a municipal lien. (e) Data.--All water utilities supplying water to users within the boundaries of a township shall, at the request of the board of commissioners, furnish to the township, on or before the 15th day of the month following the month during which bills are issued, a list of all water meter readings and flat-rate water bills and the basis for each flat-rate water charge, so that the data may be used in calculating sewer rates. The township may reimburse utilities reasonable amounts for necessary clerical and other expenses incurred in the preparation of the lists. (f) Construction.--Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities). (g) Approval.--If required by other law, a township 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. (h) Definition.--As used in this chapter, the term "sanitary sewer" means a sewer used for receiving and collecting sewage matter and liquid waste from the inside of buildings and structures. In those townships where there are what is known as "combined sewers," the term means a sewer used for receiving, in addition to such sewage and liquid waste from the inside of buildings and structures, storm, roof or surface drainage. The term includes a combined sewer. Cross References. Section 6101 is referred to in section 6121 of this title.

73 Pa.C.S. § 6102 Required connection and fees.

(a) General rule.--A township may, by ordinance, require a property owner to connect with and use a sanitary sewer system established or constructed by the township, joint sanitary sewer board or a municipal authority serving the township if the property abuts on or adjoins any street or highway along which the sewer system is located or whose principal building is within 150 feet from the sanitary sewer. (b) Failure to connect.-- (1) If an owner of property abutting on or adjoining or whose principal building is within 150 feet from the sanitary sewer fails to connect with and use the sanitary sewer under subsection (a) for a period of 60 days after notice to do so has been served by the board of commissioners, either by personal service or by registered mail, the board of commissioners or their agents may enter the property and construct the connection. (2) The board of commissioners shall send an itemized bill of the cost of construction under paragraph (1) to the owner of the property to which connection has been made, which shall be payable immediately. (3) If the owner fails to pay the bill under paragraph (2), the board of commissioners shall file a municipal lien for the cost of the construction. The township may also by ordinance impose penalties to enforce regulations or orders in regards to sewer connections. (c) Fees.--As a condition of connection to a sanitary sewer collection, treatment or disposal facility, owned or operated by a township, a township may impose and charge the following to property owners who desire or are required to connect to the sanitary sewer system or who desire to increase their usages of the system: (1) A connection fee. (2) A customer facilities fee. (3) A tapping fee. (4) Similar fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers). Cross References. Section 6102 is referred to in section 6101 of this title.

73 Pa.C.S. § 6103 Notice of contemplated construction.

No sanitary sewer system shall be constructed under this chapter unless an ordinance of the board of commissioners authorizing the construction is published once in a newspaper of general circulation under section 1107 (relating to legal advertising).

73 Pa.C.S. § 6104 Location of sanitary sewers on private property.

Where it is reasonably impracticable, in the judgment of the board of commissioners, in any part of the sanitary sewer system to carry sanitary sewers along the lines of public streets or highways, the board of commissioners may locate and construct as much of the sanitary sewers as is necessary through private lands and may acquire the necessary land or right of way for this purpose by gift, purchase or the exercise of the right of eminent domain.

73 Pa.C.S. § 6105 Treatment works and facilities.

The board of commissioners may acquire by eminent domain or enter into contracts with other municipal corporations, corporations or persons for the acquisition of lands or facilities for the location, construction, maintenance, use and operation of sanitary sewer systems and treatment facilities. Acquisitions may be made for the purpose of future additions to and enlargements of existing systems. The acquired land may be located either inside or outside the boundaries of the township. Any extension shall be 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).

73 Pa.C.S. § 6106 Cost of construction and payment.

The cost of construction of a system of sanitary sewers or drains, constructed by the authority of this subchapter, may be charged upon the properties benefited, improved or accommodated to the extent of the benefits, or may be paid for wholly or partially by general taxation. Any amount not legally chargeable upon properties benefited, improved or accommodated shall be paid out of the general township fund.

73 Pa.C.S. § 6107 Sewer districts.

(a) General rule.--When a sanitary sewer system is constructed by a township for the accommodation of a certain portion of the township, the board of commissioners may designate the territory accommodated into a sewer district or divide the portion into several sewer districts. (b) Apportionment.--The board of commissioners shall estimate the proportion of the cost of the sanitary sewer system to be charged on each of the districts and declare and establish the apportionment by resolution and the following shall apply: (1) No district shall be charged more than the district's due proportion of the cost of a sanitary sewer system, or any part of the system, used jointly by more than one district. (2) The aggregate amount charged on a property in any district shall not exceed the amount of the estimate. (3) Where the whole of the township is accommodated by the sanitary sewer system, the township may be treated as a single district or divided into districts, and be subject to the provisions of this section.

73 Pa.C.S. § 6108 Assessments.

Assessments, whether based according to benefits conferred or by the front foot basis, and assessment awards, if any, shall be calculated under Chapter 63 (relating to assessments for public improvements).

73 Pa.C.S. § 6111 Power to acquire community sewage collection or disposal systems.

(a) General rule.--A township may, by ordinance, acquire ownership of a community sewage collection or disposal system by purchase, the exercise of eminent domain under 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners. (b) Eminent domain.--In eminent domain proceedings, the viewers shall assess the costs and expenses of the community sewage collection or disposal system acquired by the township upon the property or properties benefited according to benefits. A deficiency that is not assessed upon the benefited property or properties shall be paid by the township. (c) Enlargement.--After a community sewage collection or disposal system has been acquired under this section by the township, the board of commissioners shall have the power to enlarge the system if the board deems the enlargement 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 township under other provisions of this chapter. (d) Special provisions.--If a community sewage collection or disposal system is established or constructed within a township by a private owner or owners and the board of commissioners is empowered by ordinance to acquire the ownership of the sewage disposal system, or when the system has been enlarged by the township, 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 township when any of the following enter into an agreement with the township for the acquisition of the system by the township: (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 township shall operate and maintain any community sewage collection or disposal system acquired any or enlargement or any addition to a system for the use of the following: (i) Persons having acquired from the township 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 township shall pay to the township treasurer a monthly, quarterly, semiannual or annual charge prescribed by a resolution of the board of commissioners. 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 the system's future replacement. (4) All sewer rentals or charges imposed by the board of commissioners 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, if necessary and economically desirable. If, at any time after the acquisition or enlargement of the community sewage system, a regular sewer system is made available by the township 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 chapter 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 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. (e) 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. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection 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.

73 Pa.C.S. § 6121 Contracts for sewer and drainage systems.

(a) General rule.--In a case where, under the authority of section 6101 (relating to power to establish and construct sewers and drains and require connections and sewer rentals), a system of sewage and drainage covering a township in whole or in part shall be approved and authorized by ordinance, the board of commissioners may enter into a contract with any responsible individual or corporation for the construction of a system of sewage or drainage at the expense of the individual or corporation and the following shall apply: (1) The individual or corporation shall be entitled under the contract to exercise all the powers of the township in the construction, maintenance and operation of the system of sewage or drainage, with the right to collect fees connected to the construction, maintenance and operation as the board of commissioners prescribes, in as full a manner as the fees might have been collected by the township or the commissioners. (2) In the contract, the board of commissioners shall reserve to the township the right at any time, after a prescribed time, to take possession of the system of sewage and drainage and the system's appurtenances, at a price and upon terms to be fixed in the contract. (b) Construction.--Nothing in this section shall be construed to repeal or modify any of 66 Pa.C.S. (relating to public utilities).

73 Pa.C.S. § 6131 Cost of construction.

Townships may construct sanitary sewers and drains in any street or highway, or through or on or over private property. The costs, damages and expenses of the construction of sanitary sewers or drains may be paid for wholly or partially by general taxation, or may be assessed upon the properties accommodated or benefited under Chapter 63 (relating to assessments for public improvements).

73 Pa.C.S. § 6141 State and county highways and consent required.

(a) General rule.--A township may construct a sanitary sewer and drain in or under any State or county highway within the township boundaries. (b) Consent.-- (1) For the construction of a sanitary sewer in or under a county highway, the consent of the county commissioners of the county shall be obtained. (2) For the construction of a sanitary sewer in or under a State highway, the consent of the Department of Transportation shall be obtained.

73 Pa.C.S. § 6151 Connection by agreement or petition and appointment of viewers.

(a) General rule.--If a township desires to connect with the existing sanitary sewer of an adjacent municipal corporation or municipal authority for either sewage collection or treatment purposes, the entities may enter into an agreement for this purpose. If no agreement has been reached between the township and the adjacent municipal corporation or municipal authority, the township shall proceed as provided under subsection (b). (b) Application.--An application shall be made by the board of commissioners to the court of common pleas of the county where the proposed connection is to be located, stating the desire of the township to connect with the existing sanitary sewer of the municipal corporation or municipal authority. If the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer, the court 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 petitioning township. (3) Fix the proportion of the expense for repairs which the municipal corporation or municipal authority and the township shall bear. (4) Determine all other questions which are likely to arise in connection with the sanitary sewer. (c) Report.--The viewers shall report the results of their investigation under subsection (b) to the court, and the court shall confirm the report within 30 days of the report's submission unless exceptions are filed. Any interested party may appeal the disposition of filed exceptions.

73 Pa.C.S. § 6161 Building joint sewers.

(a) General rule.--Under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), a township may contract with another municipal corporation providing for the joint construction or maintenance of sanitary sewer systems and for joint construction onto existing sanitary sewer systems, and the following shall apply: (1) The agreement shall provide for the apportionment of costs among the municipal corporations. (2) The board of commissioners may assess the township's respective portion of the costs, as may be legally assessable, upon property benefited by the facilities under Chapter 63 (relating to assessments for public improvements). (3) Any portion of the cost not assessed or assessable shall be paid by the respective municipal corporations under the agreement. (4) In addition to or in lieu of contracting with other municipal corporations, townships may contract with municipal authorities for the purposes of this section. (b) 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 established under paragraph (1) shall serve for terms of six years each, from the date of the member's appointment until the member's successor is appointed. The joint sanitary sewer board shall organize by the election of a chairperson, secretary and treasurer. (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 deemed necessary and agree to the share of the compensation of those persons each municipal corporation shall 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 and duties.-- (1) A joint sanitary sewer board may adopt rules and regulations consistent with the requirements of this chapter to govern the board's proceedings and shall prepare and suggest any practical measures and plans by means of 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 specifying the following: (i) consent 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; and (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 of the proposed improvement. (3) The joint sanitary sewer board may not make an improvement or expend 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 a 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 as provided by the 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 improvement. (e) Indebtedness.--Each township joining in an improvement shall have the power to incur or increase the township's indebtedness, not exceeding constitutional limits, for the purpose of paying the township's share or portion of the cost of the improvement in the manner now provided by law for the incurring of indebtedness.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026