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        PRIOR PRINTER'S NO. 508                       PRINTER'S NO. 2380

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 461 Session of 2007


        INTRODUCED BY M. WHITE, GREENLEAF, RAFFERTY, D. WHITE, ARMSTRONG
           AND DINNIMAN, MARCH 15, 2007

        SENATOR REGOLA, LOCAL GOVERNMENT, AS AMENDED, SEPTEMBER 18, 2008


                                     AN ACT

     1  Amending the act of June 24, 1931 (P.L.1206, No.331), entitled,
     2     as reenacted and amended, "An act concerning townships of the
     3     first class; amending, revising, consolidating, and changing
     4     the law relating thereto," further providing for sewer and
     5     drainage systems connections.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 2401.1 of the act of June 24, 1931
     9  (P.L.1206, No.331), known as The First Class Township Code,
    10  reenacted and amended May 27, 1949 (P.L.1955, No.569), is
    11  amended to read:
    12     Section 2401.1.  Sewer and Drainage Systems; Constructed by
    13  any Municipality Authority; Connection by Owners; Enforcement.--
    14  [Whenever] (a)  Except as set forth in subsection (b), whenever
    15  a sewer or drainage system is established or constructed by any
    16  municipality authority within a township, the township
    17  commissioners shall be empowered by ordinance to compel all
    18  owners of property abutting on, or adjoining any street or


     1  highway, in which such sewer or drainage system is located, to
     2  make connection with such sewer or drainage system in such
     3  manner as they may order for the purpose of discharge of such
     4  drainage or waste as they may specify. The township
     5  commissioners may by ordinance impose penalties to enforce any
     6  regulation or order they may ordain with reference to any sewer
     7  or drainage connections.
     8     (b)  An owner of a dwelling unit used by a member of a
     9  recognized religious sect may file an application with the
    10  township commissioners to be exempted from the requirement to
    11  make connection with a sewer or drainage system as required
    12  under subsection (a). The township commissioners shall approve
    13  the application for exemption if it is made in conformance with
    14  this subsection. NO APPLICATION SHALL BE APPROVED UNLESS THE      <--
    15  APPLICANT DEMONSTRATES TO THE SATISFACTION OF THE TOWNSHIP
    16  COMMISSIONERS THAT AN ACCEPTABLE ALTERNATIVE MEANS FOR SEWAGE
    17  DISPOSAL EXISTS. The application must state the manner in which
    18  the requirements of subsection (a) conflict with the applicant's
    19  religious beliefs and shall include an affidavit by the
    20  applicant stating that:
    21     (1)  The applicant is a member of a recognized religious
    22  sect.
    23     (2)  The religious sect has established tenets or teachings
    24  which conflict with the provisions of subsection (a).
    25     (3)  The applicant adheres to the established tenets or
    26  teachings of the sect.
    27     (4)  The dwelling unit will be used solely as a residence for
    28  the applicant or family member of the applicant.
    29     Section 2.  The provisions of 25 Pa. Code § 243.7 are
    30  abrogated to the extent of any inconsistency with the amendment
    20070S0461B2380                  - 2 -     

     1  of section 2401.1 of the act.
     2     Section 3.  This act shall take effect in 60 days.



















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