§ 2001. Power to lay out and construct.

566 words·~3 min read·/pa/title-8/chapter-20/2001

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.--

(1)Upon enactment of an ordinance, boroughs may lay out and construct sanitary sewers and branches of sanitary sewers in streets and on public or private property and may construct sewage treatment works on land owned or acquired for those purposes. Boroughs may pay the costs and expenses of sanitary sewer systems and treatment works out of borough funds or may assess the costs and expenses pursuant to Chapter 21A (relating to assessments and charges for public improvements).

(2)Boroughs may determine the location and the manner in which sanitary sewer systems shall be constructed. Sanitary sewers laid and constructed in streets may be located in the center of the street or in the right-of-way or the curb lines of the 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 directed by the council. Boroughs shall have the authority to lay out and construct sanitary sewers in any street, any portion of which is within the limits of the borough and which forms a portion of the boundary dividing the borough from any other municipal corporation within the same county, in the same manner and to the same extent as if the whole of the street was within the limits of the borough.

(3)If any borough is maintaining and operating a sanitary sewer system and sewage treatment works, it shall be lawful for the borough to supply sewerage service to municipalities, persons and corporations outside the limits of the borough and to enter into contracts for service at rates not less than those required to be paid by persons and corporations within the limits of the borough. This privilege shall not conflict with the rights of any sewer company or the rights of any other borough.

(b)Consent.--

(1)If required by other law, a borough 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.

(2)Where construction beyond the limits of the borough is entirely within the limits of a State or county highway or the turnpike, a sanitary sewer may be constructed in or under the State or county highway or turnpike if written notice is given to the Department of Transportation, county commissioners or Pennsylvania Turnpike Commission, respectively, and consent is obtained before construction is commenced. Permission shall not be unreasonably withheld.

(c)Regulations.-- Council may, by ordinance, make regulations respecting 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.

(4)Require that property owners provide means other than the public sanitary sewers for disposal of storm, surface and roof water originating or accumulating upon their property.

08c2002s