PRINTER'S NO. 1661
No. 1423 Session of 1989
INTRODUCED BY BURNS, J. L. WRIGHT, CLYMER, WILSON AND MELIO,
MAY 22, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 22, 1989
AN ACT
1 Amending the act of April 14, 1949 (P.L.482, No.98), entitled,
2 as amended, "An act authorizing and requiring cities,
3 boroughs, townships, municipal authorities and public utility
4 companies engaged in the supplying of water, to shut off the
5 supply of water for nonpayment of sewer, sewerage, or sewage
6 treatment rentals, rates, or charges imposed by municipal
7 authorities organized by counties of the second class, by
8 cities of the second class, by cities of the second class A,
9 by cities of the third class, by boroughs or by townships of
10 the first or second class; authorizing and requiring them to
11 supply to such authorities lists of metered water readings
12 and flat-rate water bills and other data; authorizing them to
13 act as billing and collecting agents for such authorities;
14 and conferring certain powers upon the Pennsylvania Public
15 Utility Commission in connection therewith," extending to
16 additional municipal authorities the powers granted in the
17 act; and making editorial changes.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The title of the act of April 14, 1949 (P.L.482,
21 No.98), entitled, as amended, "An act authorizing and requiring
22 cities, boroughs, townships, municipal authorities and public
23 utility companies engaged in the supplying of water, to shut off
24 the supply of water for nonpayment of sewer, sewerage, or sewage
25 treatment rentals, rates, or charges imposed by municipal
1 authorities organized by counties of the second class, by cities
2 of the second class, by cities of the second class A, by cities
3 of the third class, by boroughs or by townships of the first or
4 second class; authorizing and requiring them to supply to such
5 authorities lists of metered water readings and flat-rate water
6 bills and other data; authorizing them to act as billing and
7 collecting agents for such authorities; and conferring certain
8 powers upon the Pennsylvania Public Utility Commission in
9 connection therewith," amended July 10, 1957 (P.L.622, No.331),
10 is amended to read:
11 AN ACT
12 Authorizing and requiring cities, boroughs, townships, municipal
13 authorities and public utility companies engaged in the
14 supplying of water, to shut off the supply of water for
15 nonpayment of sewer, sewerage, or sewage treatment rentals,
16 rates, or charges imposed by [municipal authorities organized
17 by counties of the second class, by cities of the second
18 class, by cities of the second class A, by cities of the
19 third class, by boroughs or by townships of the first or
20 second class] municipalities or municipal authorities
21 organized by municipalities; authorizing and requiring them
22 to supply to such authorities lists of metered water readings
23 and flat-rate water bills and other data; authorizing them to
24 act as billing and collecting agents for such authorities;
25 and conferring certain powers upon the Pennsylvania Public
26 Utility Commission in connection therewith.
27 Section 2. Section 1 of the act, amended September 28, 1978
28 (P.L.827, No.162), is amended to read:
29 Section 1. If the owner or occupant of premises served by
30 any water utility, as hereinafter defined, shall neglect or fail
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1 to pay, for a period of thirty (30) days from the due date
2 thereof, any rental, rate or charge for sewer, sewerage, or
3 sewage treatment service imposed by any municipality or
4 municipal authority organized by any [county of the second
5 class, by any city of the second class, by any city of the
6 second class A, by any city of the third class, by any borough
7 or by any township of the first or second class] municipality,
8 such water utility is hereby authorized and required, at the
9 request and direction of the municipality or of such authority,
10 or of the [city, borough, or township] municipality to which the
11 authority shall have assigned its claim or lien for such
12 service, to shut off the supply of water to such premises until
13 all such overdue rentals, rates and charges, together with any
14 penalties and interest thereon, shall be paid. If such authority
15 or such [city, borough, or township] municipality shall also
16 supply water to any premises, it is hereby authorized to shut
17 off the supply of water to such premises, as herein set forth.
18 If the rental rate or charge for sewer, sewerage or sewage
19 treatment service is imposed by a municipality as lessee of an
20 authority organized as aforesaid and the said lessee shall also
21 supply water to such premises, then such municipality is hereby
22 authorized to shut off the supply of water to such premises as
23 herein set forth without prior request from said authority or
24 without prior assignment of its claim or lien for such services.
25 In no case shall the water supply be shut off to any premises
26 until ten days after written notice of an intention so to do has
27 been mailed to the person liable for payment of the rentals and
28 charges, and in addition thereto, there has been posted a
29 written notice at a main entrance to the premises. If during
30 such ten day period, the person liable for the payment of the
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1 rentals and charges delivers to the water utility authority or
2 municipality supplying water to the premises a written
3 statement, under oath or affirmation, stating that he has a just
4 defense to the claim, or part of it, for such rentals or
5 charges, then the water supply shall not be shut off until claim
6 has been judicially determined. The statement shall also contain
7 a declaration under oath or affirmation that it was not executed
8 for the purpose of delay.
9 Nothing contained in this section shall authorize any
10 authority or any privately owned sewer or water company to shut
11 off or deny water service to any lessee of a property because a
12 previous lessee failed to pay either the water or sewer service
13 rate, rental or charge.
14 Section 3. Section 4 of the act, reenacted and amended
15 September 7, 1955 (P.L.576, No.147) and repealed in part June 3,
16 1971 (P.L.118, No.6), is amended to read:
17 Section 4. The authority imposing such sewer, sewerage, or
18 sewage treatment rentals, rates, or charges shall pay to every
19 such water utility the reasonable additional clerical and other
20 expenses incurred by it in providing such billing and collecting
21 services. The authority or [city, borough, or township]
22 municipality which shall request and direct the shut-off of
23 water shall also pay to the water utility the cost of such shut-
24 off services and the estimated loss of water revenues resulting
25 from such shut-off. Water utilities are hereby authorized to
26 enter into long-term agreements with such authorities for the
27 performance of such billing and collecting services and with
28 such authorities[, cities, boroughs and townships] and
29 municipalities for such shut-off services, which agreements
30 shall be binding upon such water utilities, their successors and
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1 assigns. If a dispute shall arise between any such water utility
2 and the authority[, city, borough, or township] or municipality
3 regarding the cost of such services, or the amount of such
4 revenues lost, or regarding the provisions of any agreement
5 between them concerning payments for such services, such dispute
6 shall be submitted by either party to the Pennsylvania Public
7 Utility Commission, whose decision, unless reversed on appeal,
8 shall be final; but this act shall not be construed to grant to
9 the Pennsylvania Public Utility Commission any other regulatory
10 power or jurisdiction whatsoever over [counties, cities,
11 boroughs, townships,] municipalities or authorities.
12 Section 4. Section 5 of the act, reenacted and amended
13 September 7, 1955 (P.L.576, No.147), is amended to read:
14 Section 5. As used in this act[,]:
15 (1) the term "water utility" or "water utilities" shall be
16 construed to include all [cities, boroughs, townships, municipal
17 authorities] municipalities, municipal authorities organized by
18 municipalities and public utility companies engaged in the
19 supplying of water or water service[.]; and
20 (2) the term "municipality" or "municipalities" shall be
21 construed to include all counties, cities, boroughs, towns and
22 townships other than counties and cities of the first class.
23 Section 5. This act shall take effect immediately.
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