THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, WAUGH, D. WHITE AND EARLL, APRIL 1, 2009

REFERRED TO LOCAL GOVERNMENT, APRIL 1, 2009  

AN ACT

Amending the act of February 1, 1966 (1965 P.L.1656, No.581),

entitled "An act concerning boroughs, and revising, amending

and consolidating the law relating to boroughs," in sanitary

sewers, further providing for ordinances to require sewer

connections.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2051 of the act of February 1, 1966 (1965

P.L.1656, No.581), known as The Borough Code, is amended to

read:

Section 2051.  Ordinances to Require Sewer Connections.--

[Any] (a)  Except as set forth in subsection (b), any borough

may, by ordinance, require any owner of property, benefited,

improved or accommodated by a sanitary sewer, to make

connections with such sanitary sewer, in such manner as the

borough may order, for the purpose of discharge of such drainage

or waste matter as the borough may specify. The borough may by

penalties enforce any regulation it may ordain with reference to

any sanitary sewer connections.

(b)  (1)  An owner of a dwelling unit used by a member of a

recognized religious sect may file an application with the

borough to be exempted from the requirement to make connection

with the sanitary sewer as required under subsection (a).

(2)  The borough shall approve the application for exemption

if it is made in conformance with this subsection. No

application shall be approved unless the applicant demonstrates

to the satisfaction of the borough council that an acceptable

alternative means for sewage disposal exists.

(3)  The application must state the manner in which the

requirements of subsection (a) conflict with the applicant's

religious beliefs and shall include an affidavit by the

applicant stating that:

(i)  The applicant is a member of a recognized religious

sect.

(ii)  The religious sect has established tenets or teachings

which conflict with the provisions of subsection (a).

(iii)  The applicant adheres to the established tenets or

teachings of the sect.

(iv)  The dwelling unit will be used solely as a residence

for the applicant or family member of the applicant.

Section 2.  The provisions of 25 Pa. Code § 243.7 are

abrogated to the extent of any inconsistency with the amendment

of section 2051 of the act.

Section 3.  This act shall take effect in 60 days.