PRINTER'S NO. 4089
No. 2714 Session of 2004
INTRODUCED BY SEMMEL, WEBER, DALLY, MANN, HARHART, TIGUE,
ARGALL, ARMSTRONG, BARRAR, DALEY, DENLINGER, GOODMAN, HARPER,
HERSHEY, HESS, KILLION, R. MILLER, PAYNE, E. Z. TAYLOR AND
J. TAYLOR, JUNE 16, 2004
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 16, 2004
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," further
16 providing for shutting off water if sewer charge not paid and
17 notice and statement of defense.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 1 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
1 treatment rentals, rates, or charges imposed by municipal
2 authorities organized by counties of the second class, by cities
3 of the second class, by cities of the second class A, by cities
4 of the third class, by boroughs or by townships of the first or
5 second class; authorizing and requiring them to supply to such
6 authorities lists of metered water readings and flat-rate water
7 bills and other data; authorizing them to act as billing and
8 collecting agents for such authorities; and conferring certain
9 powers upon the Pennsylvania Public Utility Commission in
10 connection therewith," amended September 28, 1978 (P.L.827,
11 No.162), is amended to read:
12 Section 1. If the owner or occupant of premises served by
13 any water utility, as hereinafter defined, shall neglect or fail
14 to pay, for a period of thirty (30) days from the due date
15 thereof, any rental, rate or charge for sewer, sewerage, or
16 sewage treatment service imposed by any municipality or
17 municipal authority [organized by any county of the second
18 class, by any city of the second class, by any city of the
19 second class A, by any city of the third class, by any borough
20 or by any township of the first or second class], such water
21 utility is hereby authorized and required, at the request and
22 direction of the municipality or of such authority, or of the
23 city, borough, or township to which the authority shall have
24 assigned its claim or lien for such service, to shut off the
25 supply of water to such premises until all such overdue rentals,
26 rates and charges, together with any penalties and interest
27 thereon, shall be paid. If such authority or such city, borough,
28 or township shall also supply water to any premises, it is
29 hereby authorized to shut off the supply of water to such
30 premises, as herein set forth. If the rental rate or charge for
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1 sewer, sewerage or sewage treatment service is imposed by a
2 municipality as lessee of an authority [organized as aforesaid]
3 and the said lessee shall also supply water to such premises,
4 then such municipality is hereby authorized to shut off the
5 supply of water to such premises as herein set forth without
6 prior request from said authority or without prior assignment of
7 its claim or lien for such services. In no case shall the water
8 supply be shut off to any premises until ten days after written
9 notice of an intention so to do has been mailed to the person
10 liable for payment of the rentals and charges, and in addition
11 thereto, there has been posted a written notice at a main
12 entrance to the premises. If during such ten day period, the
13 person liable for the payment of the rentals and charges
14 delivers to the water utility authority or municipality
15 supplying water to the premises a written statement, under oath
16 or affirmation, stating that he has a just defense to the claim,
17 or part of it, for such rentals or charges, then the water
18 supply shall not be shut off until claim has been judicially
19 determined. The statement shall also contain a declaration under
20 oath or affirmation that it was not executed for the purpose of
21 delay.
22 Nothing contained in this section shall authorize any
23 authority or any privately owned sewer or water company to shut
24 off or deny water service to any lessee of a property because a
25 previous lessee failed to pay either the water or sewer service
26 rate, rental or charge.
27 Section 2. This act shall take effect immediately.
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