THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, SOLOBAY AND RAFFERTY, JUNE 10, 2011

REFERRED TO LOCAL GOVERNMENT, JUNE 10, 2011  

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, further providing for purposes and

powers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5607(d)(11) of Title 53 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 5607.  Purposes and powers.

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(d)  Powers.--Every authority may exercise all powers

necessary or convenient for the carrying out of the purposes set

forth in this section, including, but without limiting the

generality of the foregoing, the following rights and powers:

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(11)  (i)  In the case of an authority which has agreed

to provide sewer service to a residential dwelling unit

in which the owner does not reside, to impose and enforce

the owner's duty to pay a tenant's bill for service

rendered by the authority to the tenant. The authority

shall notify the owner and the tenant within 30 days

after the tenant's bill for that service first becomes

overdue. Notification shall be provided by first class

mail to the address of the owner provided to the

authority by the owner and to the billing address of the

tenant, respectively. Nothing in this paragraph shall be

construed to relieve the owner of liability for such

service unless the authority fails to provide the notice

required in this paragraph.

(ii)  In the case of an authority which has agreed to

provide sewer service to a nonresidential property owner

and that owner has failed to pay a sewer bill for at

least six months, the right to seek a judicial order for

termination of sewer service for nonpayment. If a lien

has been filed under the act of May 16, 1923 (P.L.207,

No.153), referred to as the Municipal Claim and Tax Lien

Law, an action for termination of service may be brought

in any court of competent jurisdiction. If an order is

issued, termination of service to the premises may be

commenced by the authority only after: the sending of

notice to the defendant by certified mail at least one

week prior to the sewer service shutoff date; a posting

on the premises that sewer service shutoff will occur in

24 hours; and a written notice to the local or county

health department, if one exists, and the regional office

of the Department of Environmental Protection one week

prior to the service shutoff.

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Section 2.  This act shall take effect in 60 days.