PRINTER'S NO. 1258
No. 1064 Session of 1977
INTRODUCED BY ORLANDO, MANBECK, SMITH AND LYNCH, AUGUST 5, 1977
REFERRED TO LOCAL GOVERNMENT, AUGUST 5, 1977
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," excluding certain individuals and corporations from
5 the mandatory service hookup requirements.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1501, act of May 1, 1933 (P.L.103,
9 No.69), known as "The Second Class Township Code," reenacted and
10 amended July 10, 1947 (P.L.1481, No.567), is amended to read:
11 Section 1501. Power to Establish and Construct Sewers and
12 Drains.--Townships may establish and construct a system of
13 sewers and drainage, locating the same as far as practicable
14 along and within the lines of the public roads of the townships
15 as seems advisable to the board of supervisors. [The] Except as
16 hereinafter setforth, supervisors may permit and, where
17 necessary for the public health, require adjoining and adjacent
18 property owners to connect with and use the same. The mandatory
19 connection provisions of this section shall not apply to any
20 individual or corporation which owns and operates an industrial
1 operation or an agribusiness operation which utilizes an on-site
2 sewage disposal system which meets all the requirements of the
3 Department of Environmental Resources. In case any owner of
4 property adjoining or adjacent to such sewer shall neglect or
5 refuse to connect with and use said sewer for a period of sixty
6 days after notice to do so has been served upon him by the
7 supervisors, either by personal service or by registered mail,
8 said supervisors or their agents, may enter upon such property
9 and construct such connection. In such case the supervisors
10 shall forthwith, upon completion of the work, send an itemized
11 bill of the cost of construction of such connection to the owner
12 of the property to which connection has been so made, which bill
13 shall be payable forthwith. In case of neglect or refusal by the
14 owner of such property to pay said bill, it shall be the duty of
15 the township supervisors to file municipal liens for said
16 construction within six months of the date of completion of the
17 construction of said connection, the same to be subject in all
18 respects to the general law providing for the filing and
19 recovery of municipal liens.
20 Section 2. Section 1501.1 of the act, added January 14, 1952
21 (1951 P.L.1989, No.555), is amended to read:
22 Section 1501.1. Sewer System Established or Constructed by
23 Municipality Authorities; Connection and Use by Owners;
24 Enforcement.--Whenever a sewer system is or shall have been
25 established or constructed by a municipality authority within a
26 township of the second class, the township supervisors, except
27 as hereinafter set forth, shall be empowered, by ordinance to
28 compel all owners of property accessible to and whose principal
29 building is within one hundred fifty feet from such sewer system
30 to make connection therewith and use such sewer system in such
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1 manner as they may order. The township supervisors may, by
2 ordinance, impose penalties to enforce any regulation or order
3 they may ordain with reference to any sewer connections. The
4 mandatory connection provisions of this section shall not apply
5 to any individual or corporation which owns and operates an
6 industrial operation or an agribusiness operation which utilizes
7 an on-site sewage disposal system which meets all the
8 requirements of the Department of Environmental Resources. In
9 case any owner of property accessible to and whose principal
10 building is within one hundred fifty feet from a sewer system
11 established or constructed by a municipality authority shall
12 neglect or refuse to connect with said sewer system for a period
13 of sixty days after notice to do so has been served upon him by
14 the township supervisors, either by personal service or by
15 registered mail, the township supervisors or their agents may
16 enter upon such property and construct such connection. In such
17 case, the township supervisors shall forthwith, upon completion
18 of the work, send an itemized bill of the cost of the
19 construction of such connection to the owner of the property to
20 which connection has been so made, which bill shall be payable
21 forthwith. In case of neglect or refusal by the owner of such
22 property to pay said bill, it shall be the duty of the township
23 supervisors to file municipal liens for said construction within
24 six months of the date of the completion of the construction of
25 said connection, the same to be subject in all respects to the
26 general law provided for the filing and recovery of municipal
27 liens.
28 Section 3. This act shall take effect immediately.
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