THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, WAUGH, BRUBAKER, D. WHITE AND EARLL, APRIL 1, 2009

REFERRED TO LOCAL GOVERNMENT, APRIL 1, 2009  

AN ACT

Amending the act of June 24, 1931 (P.L.1206, No.331), entitled,

as reenacted and amended, "An act concerning townships of the

first class; amending, revising, consolidating, and changing

the law relating thereto," in sewers and drains, further

providing for sewer and drainage systems connections.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2401.1 of the act of June 24, 1931

(P.L.1206, No.331), known as The First Class Township Code,

reenacted and amended May 27, 1949 (P.L.1955, No.569), is

amended to read:

Section 2401.1.  Sewer and Drainage Systems; Constructed by

any Municipality Authority; Connection by Owners; Enforcement.--

[Whenever] (a)  Except as set forth in subsection (b), whenever 

a sewer or drainage system is established or constructed by any

municipality authority within a township, the township

commissioners shall be empowered by ordinance to compel all

owners of property abutting on, or adjoining any street or

highway, in which such sewer or drainage system is located, to

make connection with such sewer or drainage system in such

manner as they may order for the purpose of discharge of such

drainage or waste as they may specify. The township

commissioners may by ordinance impose penalties to enforce any

regulation or order they may ordain with reference to any sewer

or drainage connections.

(b)  (1)  An owner of a dwelling unit used by a member of a

recognized religious sect may file an application with the

township commissioners to be exempted from the requirement to

make connection with a sewer or drainage system as required

under subsection (a).

(2)  The township commissioners shall approve the application

for exemption if it is made in conformance with this subsection.

No application shall be approved unless the applicant

demonstrates to the satisfaction of the township commissioners

that an acceptable alternative means for sewage disposal exists.

(3)  The application must state the manner in which the

requirements of subsection (a) conflict with the applicant's

religious beliefs and shall include an affidavit by the

applicant stating that:

(i)  The applicant is a member of a recognized religious

sect.

(ii)  The religious sect has established tenets or teachings

which conflict with the provisions of subsection (a).

(iii)  The applicant adheres to the established tenets or

teachings of the sect.

(iv)  The dwelling unit will be used solely as a residence

for the applicant or family member of the applicant.

Section 2.  The provisions of 25 Pa. Code § 243.7 are

abrogated to the extent of any inconsistency with the amendment

of section 2401.1 of the act.

Section 3.  This act shall take effect in 60 days.