Pennsylvania § 6101 - Power to establish and construct sewers and drains and require connections and sewer rentals.

§ 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.