§ 6111. Power to acquire community sewage collection or disposal systems.

846 words·~4 min read·/pa/title-73/chapter-61/6111

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(a)General rule.-- A township may, by ordinance, acquire ownership of a community sewage collection or disposal system by purchase, the exercise of eminent domain under 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners.

(b)Eminent domain.-- In eminent domain proceedings, the viewers shall assess the costs and expenses of the community sewage collection or disposal system acquired by the township upon the property or properties benefited according to benefits. A deficiency that is not assessed upon the benefited property or properties shall be paid by the township.

(c)Enlargement.-- After a community sewage collection or disposal system has been acquired under this section by the township, the board of commissioners shall have the power to enlarge the system if the board deems the enlargement advisable. The cost and expenses of the enlargement may be distributed or assessed in the same manner as if the enlargement was a regular sewer constructed by the township under other provisions of this chapter.

(d)Special provisions.-- If a community sewage collection or disposal system is established or constructed within a township by a private owner or owners and the board of commissioners is empowered by ordinance to acquire the ownership of the sewage disposal system, or when the system has been enlarged by the township, the acquisition and ownership shall be subject to the following provisions:

(1)An agreement shall be considered a valid agreement by the owners of the sewage collection or disposal system and shall be a transfer of ownership to the township when any of the following enter into an agreement with the township for the acquisition of the system by the township:

(i)The person or persons having established or constructed a community sewage collection or disposal system.

(ii)More than one-half of the number of owners of properties which are connected with, have a right to use and are using a community sewage collection or disposal system.

(2)The township shall operate and maintain any community sewage collection or disposal system acquired any or enlargement or any addition to a system for the use of the following:

(i)Persons having acquired from the township or from the former owner or owners the right to use the system.

(ii)Other owners of property accessible to the system up to the capacity of the community sewage collection or disposal system.

(3)All persons whose property connects with the community sewage collection or disposal system acquired or constructed by the township shall pay to the township treasurer a monthly, quarterly, semiannual or annual charge prescribed by a resolution of the board of commissioners. The amount of the charges shall not be in excess of the estimated amount necessary to maintain and operate the system and to establish a reserve fund sufficient for the system's future replacement.

(4)All sewer rentals or charges imposed by the board of commissioners against properties connected with a community sewage collection or disposal system under this section shall constitute liens against the properties and may be collected in the same manner as other sewer charges.

(5)All money received from the sewer charges shall be deposited as a special reserve fund and shall be used only for the payment of the cost of operating and maintaining the community sewage collection or disposal system and the replacement, if necessary and economically desirable. If, at any time after the acquisition or enlargement of the community sewage system, a regular sewer system is made available by the township for connection with the properties using the community sewage collection or disposal system, the owners of the properties shall be subject to the other provisions of this chapter relating to sewers, and all money at that time in the reserve fund which was received from charges for the use of that particular community sewage collection or disposal system and which is over and above the amount expended for the operation and maintenance of that particular sewage collection or disposal system shall be used towards the payment of any sewer assessments charged against the properties under other sections of this part.

(e)Construction.-- Nothing in this section may be construed to supersede the requirements of the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.

(f)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Community sewage collection or disposal system." All or part of a device or devices installed on any privately or publicly owned parcel of land intended to treat or dispose of the sewage or equivalent volume of domestic sewage from two or more residences, buildings or occupied parcels of land, or any system of piping used in collection and conveyance of sewage on private or public property.

73c6121h

SUBCHAPTER C

CONTRACTS WITH INDIVIDUALS OR CORPORATIONS

FOR CONSTRUCTION AND MAINTENANCE OF SEWER AND

DRAINAGE SYSTEMS

Sec.

6121. Contracts for sewer and drainage systems.

73c6121s