11 Pa.C.S. Ch. 132

in effect

11 Pa.C.S. § 13201 Construction of sanitary sewers, cost and eminent domain.

(a) General rule.--A city shall have the power to construct and reconstruct, or cause to be constructed or reconstructed, in its streets and over and across public and private lands or property, sanitary sewers of all kinds, main or local, with extensions and with lateral and branch sewers, including house connections to the curb. (b) Cost.--The cost and expense of construction and reconstruction in accordance with subsection (a) may be paid out of the general revenues or special money raised for that purpose or assessed, in whole or in part, upon property benefited, improved or accommodated, as provided for in Chapter 145A (relating to assessments for public improvements). (c) Eminent domain.--The city shall have the right of eminent domain to effectuate the purposes of this section. The damages for property taken, injured or destroyed shall be ascertained and paid as provided in 26 Pa.C.S. (relating to eminent domain). Cross References. Section 13201 is referred to in section 13201.1 of this title.

11 Pa.C.S. § 13201.1 Required connection and fees.

(a) General rule.--In addition to paying for the cost and expense of construction or reconstruction in accordance with section 13201(b) (relating to construction of sanitary sewers, cost and eminent domain), a city may, by ordinance, require connection to a sanitary sewer system provided by the city or a municipal authority serving the city. (b) Cost.--As a condition of connection to a city-owned sewer collection, treatment or disposal facility, a city may impose and charge the following to property owners who desire to or are required to connect to the sanitary sewer 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).

11 Pa.C.S. § 13206 Construction of sanitary sewage treatment works.

(a) General rule.--A city may construct, or cause to be constructed, sanitary sewage treatment works, which may be part of the same improvement and under the same contract as sanitary sewers. (b) Location of construction.--Sewage treatment works may be erected within or outside the limits of the city. (c) Eminent domain.--The city shall have authority to acquire, by eminent domain or otherwise, property within or, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), outside the limits of the city deemed necessary for the treatment works and the sewers leading to the treatment works.

11 Pa.C.S. § 13213.1 Rental fees or charges.

(a) General rule.--All persons whose property is connected to a sanitary sewer system shall pay a monthly, quarterly, semiannual or annual charge to the city, in addition to the cost of making the connection. The charges shall be imposed by the city in accordance with procedures approved by council. Until paid, a charge shall constitute a lien against the property connected to the sanitary sewer system, and the amount of the charge may be recovered by due process of law through an action in assumpsit in the name of the city against the owner of the property charged or by a lien filed in the nature of a municipal lien. (b) Calculation of fees.--All water utilities supplying water to users within the boundaries of any city shall, at the request of council, furnish to the city, at reasonable times agreed to by the city and water utilities, 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 rental fees. The city may reimburse utilities for clerical and other expenses incurred in the preparation of the lists. (c) Limitation of section.--Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities). (d) Fund.--Subject to subsection (e), all sanitary sewer rentals received shall be deposited in a special fund to be used only for the payment of the cost of administration, construction, reconstruction, repair, operation and maintenance of the sanitary sewer system. (e) Transfer of funds.--Notwithstanding the provisions of the act of July 18, 1935 (P.L.1286, No.402), entitled "An act empowering counties, cities, boroughs, incorporated towns, and townships to charge and collect from owners of and water users in property served thereby, annual rentals, rates or charges for the use of certain sewers, sewerage systems and sewage treatment works, including charges for operation, inspection, maintenance, repair, depreciation, and the amortization of indebtedness and interest thereon; empowering counties, cities, boroughs, incorporated towns and townships to contract with authorities organized by cities of the second class, by cities of the second class A, by counties or by cities of the third class for sewer, sewerage and sewage treatment services; to grant, convey, lease, transfer, encumber, mortgage and pledge to such authorities, their sewers, sewerage systems and sewage treatment works; to assign and pledge to such authorities rentals, rates and charges charged and collected by them for the use thereof, and to assign to such authorities their power to charge and collect the same; and validating all the contracts, grants, conveyances, leases, transfers, assignments, encumbrances, mortgages and pledges heretofore made," or any other law, council may transfer part of the sanitary sewer rentals in the special fund to the city general fund to meet immediate general financial obligations or to ensure adequate cash flow for city operations, provided that money transferred from the special fund to the city general fund shall be repaid to the special fund prior to the end of the fiscal year or at a date as council may determine. (f) Notification of service.--If a city has agreed to provide sanitary sewer service to a residential dwelling unit in which the owner does not reside, the city shall notify the owner and the tenant within 30 days after the tenant's bill for that service first becomes overdue. The notification shall be provided by first class mail to the address of the owner provided to the city by the owner and to the billing address of the tenant, respectively. (g) Construction.--Nothing in this subsection shall be construed to relieve the owner of liability for the service unless the city fails to provide the notice under this section.

11 Pa.C.S. § 13222.1 Acquisition of existing sanitary sewer systems.

(a) General rule.--A city may, by ordinance, acquire all or part of an existing sanitary sewer system or community subsurface sanitary sewage collection and treatment system. (b) Means of acquisition.--A city may acquire a sewer system under subsection (a) by any of the following means: (1) By purchase, when the city and the owner can agree on a price of not more than the actual value of the sanitary sewer system or part of the system to be transferred. (2) By deed of dedication to the city by the owner of the sanitary sewer system or part of the system. (3) If the facilities are within the city, by the exercise of eminent domain. (c) Distribution of assessment costs.--If any sanitary sewer system or community subsurface sanitary disposal collection and treatment system is acquired by purchase or eminent domain under this section, the cost of acquisition may be distributed or assessed under this part when a sanitary sewer system is constructed by the city. (d) Acquired systems.--A city has the same rights, powers and duties with respect to acquired sanitary sewer systems as the city would have with respect to sanitary sewer systems constructed by the city.

11 Pa.C.S. § 13230 Sewers outside cartway and curb lines.

(a) General rule.--Cities may require and permit sanitary sewers and sewer pipes to be laid and constructed outside the cartway and the curb lines of the cartway in any street or highway. (b) Use.--The sanitary sewers shall be for the service and use of the property on the side of the street or highway in which they are laid. (c) Recoupment of costs.--The costs and expenses of any sanitary sewer laid and constructed in accordance with subsection (a) may be assessed against the property benefited, improved and accommodated by the sanitary sewer.

11 Pa.C.S. § 13240 Building joint sewers.

(a) General rule.--Cities may, jointly with other municipalities or municipal authorities, do the following: (1) Build and construct sanitary sewers, including trunk-line sewers or drains and sewage treatment works. (2) Connect into the system existing sanitary sewers. (3) Assess respective portions of the cost of an action under this subsection, or so much of the cost as may be legally assessable, upon the property benefited, improved and accommodated by the improvement pursuant to Chapter 145A (relating to assessments for public improvements). (b) Costs.--Any portion of the cost of an improvement not assessed or not assessable shall be paid as agreed upon by the respective cities and other municipalities or municipal authorities. (c) Joint sewer board.--The cities and other municipalities or municipal authorities joining or contemplating joining in an improvement under subsection (a) in order to facilitate the securing of preliminary surveys and estimates and the building of the improvement may, by ordinance or resolution, provide for the appointment of a joint sewer board composed of one representative from each of the cities and other municipalities or municipal authorities joining, which shall act generally as the advisory and administrative agency in securing surveys and estimates, the construction of the improvement and its subsequent operation and maintenance. (d) Length of service on board.--Members of the board shall serve for a term of six years from the date of appointment and continue to serve until successors are appointed. (e) Membership.--The joint sewer board shall organize by the election of a chair, vice chair, secretary and treasurer. (f) Agreement of parties.--Cities and other municipalities or municipal authorities may, in the ordinances and resolutions creating the joint sewer board, authorize the board to: (1) Appoint an engineer, a solicitor and other assistants as are deemed necessary. (2) Enter into an agreement with respect to the share of compensation of an appointee under paragraph (1) the city, municipality or municipal authority is responsible for. (g) Compensation for board members.--The members of the joint sewer board shall receive compensation for attending meetings of the board, as shall be fixed in the budget prepared by the board for submission to and adoption by the cities and other municipalities or municipal authorities as provided in subsection (h). (h) Budget.--The budget item providing for the compensation to members for attending meetings shall not exceed a total of $250 per year, and the following shall apply: (1) No member shall be paid unless the member attends a meeting of the board. (2) The fee for each attendance shall be stipulated. (3) Members shall be entitled to actual expenses to be paid by the respective cities and other municipalities or municipal authorities which the members represent. (i) Power of board.--The joint sewer board shall have the power to adopt rules and regulations to govern its 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 the future development of the system, so as to conform to a general plan, is assured and safeguarded. (j) Submission of joint assessment.-- (1) The joint sewer board shall have power to prepare a joint agreement or agreements for submission to and adoption by cities and other municipalities or municipal authorities which shall set forth: (i) The advisory and administrative powers of the board. (ii) The consent of each city and other municipality or municipal authority to the proposed improvement. (iii) The manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted. (iv) How proposals for bids shall be advertised and contracts let. (v) 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. (vi) Other matters including the preparation and submission of annual and other budgets as may be deemed necessary or required by law to carry the proposed improvement to completion and to assure future maintenance and operation of the improvement. (2) Nothing contained in this subsection shall authorize the board to make any improvement or expend any public money which has not first been authorized by all of the cities and other municipalities or municipal authorities proceeding with the improvement. (k) Eminent domain.-- (1) If it is necessary to acquire, appropriate, injure or destroy private property of any kind to build any joint sewer improvement and the private property cannot be acquired by purchase or gift, the right of eminent domain shall vest in the city or other municipalities or municipal authorities where the property is located. (2) If it is necessary to acquire, injure or destroy property of any kind in any territory not within the limits of any of the cities and other municipalities or municipal authorities joining in the improvement, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), the right of eminent domain shall be vested in any city and other municipalities or municipal authorities joining in the sewer improvement. (l) Damages.--Damages for any property taken, injured or destroyed shall be assessed as provided by the general laws relating to the cities and other municipalities or municipal authorities exercising the right of eminent domain and, pursuant to the procedures of 26 Pa.C.S. (relating to eminent domain) if applicable, shall be paid by cities and other municipalities or municipal authorities joining in the same proportion as other costs of the improvement. (m) Indebtedness.--Each of the cities joining in an improvement authorized by this section shall have power to incur or increase its indebtedness, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), for the purpose of paying its share or portion of the costs of the improvement.

11 Pa.C.S. § 13241 Approval of Department of Environmental Protection.

No sewer or plant shall be constructed until plans and specifications have been submitted to the Department of Environmental Protection and approved in accordance with provisions of applicable law.

11 Pa.C.S. § 13245.1 Connection to existing municipal sanitary sewer.

(a) General rule.--A city may, by agreement, connect with an existing sanitary sewer owned by any municipal corporation or municipal authority for either sanitary sewage collection or treatment purposes. (b) Petition court of common pleas.--When a city desires to connect with the existing sewer of any municipal corporation or municipal authority and no agreement has been reached between the city and the municipal corporation or municipal authority, council shall present a petition to the court of common pleas setting forth those facts. The court shall fix a date for a hearing and notify all interested parties of the date. (c) Appointment of viewers.--If, after the hearing, the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer system, the court shall appoint three viewers to: (1) View the premises. (2) Investigate the facts of the case. (3) Assess the necessary costs and expenses of making the connection. (4) Assess the proportionate part of the expense of building the original sanitary sewer system upon the city. (d) Determination of the court.--The court shall determine the proportion of the expense for repairs that each city, municipal corporation and municipal authority bears and shall determine all other questions liable to arise in connection with the repairs. (e) Report.--The viewers shall submit a report to the court with the result of their investigation, which shall be confirmed within 30 days, unless exceptions to the report are filed. (f) Appeal.--After confirmation of the report or the disposal of any exceptions, any party interested may appeal the decision of the court of common pleas.

11 Pa.C.S. § 13250 Sewers extended outside of city.

(a) General rule.--A city with a sanitary sewer system may extend the system and construct sewers beyond the city's boundaries into adjoining municipalities in the county where the city is located and furnish sewer facilities to, and permit the tapping and the connection with the sewer facilities by, any person and municipality in the county where the city is located in accordance with law and the rules and regulations of the Pennsylvania Public Utility Commission. (b) Limitation.--This section does not authorize a city to extend a sewerage system or construct sewers in territory outside the boundaries of the cities in which sewerage facilities are furnished by a private company or by a municipality authority.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026