53 Pa. Stat. § 57401

Current through P.A. Acts 2023-32
Section 57401 - Power to establish and construct sewers and drains; require connections; sewer rentals
(a) 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 any 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 seems advisable to the township commissioners.
(b) The board of commissioners may, in accordance with section 2401.1(a), permit, and, if necessary for the public health by ordinance, require any 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) 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 any premises within any time interval.
(d)
(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 paragraph.
(3) The rate under this subsection shall constitute a lien, until paid, against the property connected to the sanitary sewer system, and the amount thereof 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) All water utilities supplying water to users within the boundaries of any township shall, at the request of the board of commissioners, furnish to the township, on or before the fifteenth 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) The term "sanitary sewer," as used in this article, shall mean and include a sewer used for receiving and collecting sewage matter and liquid waste from the inside of buildings and structures, and, in those townships where there shall be what is known as "combined sewers," receiving, in addition to such sewage and liquid waste from the inside of buildings and structures, storm, roof or surface drainage or any of them, the term "sanitary sewer," as used in this article, shall include such combined sewers.
(g) Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities).
(h) 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.

53 P.S. § 57401

1931, June 24, P.L. 1206, art. XXIV, § 2401. Amended 1947, April 2, P.L. 47, § 1; 1949, May 27, P.L. 1955, § 49; 1951, June 28, P.L. 596, § 1; 1968, July 31, P.L. 930, No. 281, § 1; 2020, Oct. 29, P.L. 782, No. 96, § 119, effective in 60 days [Dec. 28, 2020].