PRINTER'S NO. 2533
No. 1924 Session of 1984
INTRODUCED BY LLOYD, GODSHALL, BELFANTI, COY, BATTISTO, POTT,
NOYE, HALUSKA, FARGO, PHILLIPS, SEMMEL, PRATT, AFFLERBACH,
GANNON AND GEIST, FEBRUARY 14, 1984
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 14, 1984
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 regulating sanitary sewers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Subdivision (a) of Article XX of the act of
8 February 1, 1966 (1965 P.L.1656, No.581), known as The Borough
9 Code, is amended to read:
10 ARTICLE XX
11 SANITARY SEWERS
12 (a) [Laying Out, Ordaining and Construction of Sewers and
13 Construction of Sewage Treatment Works]
14 Power to Provide Sanitary Sewers and Sewage
15 Treatment Works
16 Section 2. Section 2001 of the act is amended to read:
17 Section 2001. Power to Lay Out, Ordain and Construct.--(a)
18 Boroughs, with the consent and permit of the Sanitary Water
1 Board, and of the Water and Power Resources Board, where
2 requested, may lay out, ordain and construct sanitary sewers in
3 streets and on public or private property, and may construct
4 sewage treatment works on land owned or acquired for such
5 purposes, and pay the costs and expenses thereof out of borough
6 funds, or may assess the costs and expenses of sanitary sewers
7 as herein provided. Sanitary sewers laid and constructed in
8 streets may be located in the center of the street or on either
9 side of the cartway or of the curb lines thereof in any street
10 and may be for the service and use of properties on both sides
11 of the street or on only one side of the street in which they
12 are laid, as directed by the borough council, and the costs and
13 expenses of such sanitary sewers may be assessed against
14 properties benefited, accommodated or improved thereby
15 regardless of the property line location, and regardless of
16 whether any portion of a property so benefited, accommodated or
17 improved shall physically abut upon such sanitary sewer. [The
18 term "sanitary sewer," as used in this article, shall mean and
19 include a sewer used for receiving and collecting sewage matter
20 and liquid waste from the inside of buildings and structures,
21 and, in those boroughs where there shall be what is known as
22 "combined sewers," receiving, in addition to such sewage and
23 liquid waste from the inside of buildings and structures, storm,
24 roof or surface drainage or any of them, the term "sanitary
25 sewer," as used in this article, shall include such combined
26 sewers.]
27 (b) Boroughs may provide sanitary sewers for the use of the
28 public within such borough, by entering into contract with
29 persons or corporations authorized to provide a sanitary sewage
30 system within the limits of such borough, or partly by the
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1 construction or purchase and operation of a sanitary sewer
2 system, and partly by entering into a contract. No contract for
3 the supply of a sanitary sewer system hereafter entered into by
4 any borough with any person or corporation shall, in anywise,
5 abridge the power of the borough to construct and operate
6 sanitary sewers as provided in subsection (a), but such power
7 shall remain in force as though such contract had not been made.
8 Whenever a borough contracts with a person or corporation for
9 the provision of a sanitary sewage system within the limits of
10 the borough, the borough may exercise such powers under this
11 article with regard to that system as it could exercise if the
12 borough were providing the system.
13 (c) The term "sanitary sewer," as used in this article,
14 shall mean and include a sewer used for receiving and collecting
15 sewage matter and liquid waste from the inside of buildings and
16 structures, and in those boroughs where there shall be what is
17 known as "combined sewers," receiving, in addition to such
18 sewage and liquid waste from the inside of buildings and
19 structures, storm, roof or surface drainage or any of them, the
20 term "sanitary sewer," as used in this article, shall include
21 such combined sewers.
22 Section 3. This act shall take effect in 60 days.
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