TITLE 53 MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS (P. S.)

   PART I GENERAL MUNICIPAL LAW

   CHAPTER 14B WATER SERVICES ACT

  CHAPTER 5. WATER UTILITIES


   53 P. S. 3102.501. Definitions

   53 P. S. 3102.502. Termination of service

   53 P. S. 3102.503. Submission of water meter readings and flat-rate water bills

   53 P. S. 3102.504. Billing and collecting agent

   53 P. S. 3102.505. Payment for billing and collecting services

   53 P. S. 3102.506. Severability

   53 P. S. 3102.507. Inconsistent repeals


53 P. S.  3102.501. Definitions
 
 The following words and phrases when used in this chapter shall have
the meanings given to them in this section unless the context clearly
indicates otherwise:
 
 "Water utility." The term includes a city, borough, township, municipal authority and public utility engaged in supplying water or water service.
 
2006, April 14, P.L. 85, No. 28,  501, imd. effective.

 

53 P. S.  3102.502. Termination of service
 
 (a) General rule.  Except as set forth in subsection (c), all of the
following apply:
 
 (1) If the owner or occupant of a premises served by a water utility
neglects or fails to pay, for a period of 30 days from the due date, a
rental, rate or charge for sewer, sewerage or sewage treatment service
imposed by a municipality or municipal authority, the water utility
shall, at the request and direction of the municipality, the authority or a city, borough or township to which the authority has assigned its claim or lien, shut off the supply of water to the premises until all overdue rentals, rates, charges and associated penalties and interest are paid.
 
 (2) If the authority, city, borough or township also supplies water to premises, the authority, city, borough or township is authorized to shut off the supply of water to the premises.
 
 (3) If the rental rate or charge for sewer, sewerage or sewage
treatment service is imposed by a municipality as lessee of an authority and the lessee also supplies water to the premises, the municipality is authorized to shut off the supply of water to the premises without prior request from the authority or without prior assignment of its claim or lien for the service.
 
 (b) Written notice.  Except as set forth in subsection (c), all of the following apply:
 
 (1) In no case shall the water supply to premises be shut off until ten days after a written notice of intention to do so has been posted at a main entrance and mailed to the person liable for payment of the rentals and charges and the owner of the property or property manager.
 
 (2) If during the ten-day period the person liable for payment of the
rentals and charges delivers to the water utility authority or
municipality supplying water to the premises a written statement under
oath or affirmation averring that there is a just defense to all or part of the claim and that the statement was not executed for the purpose of delay, the water supply shall not be shut off until the claim has been judicially determined.
 
 (c) Exception.  Prior to discontinuing service in a residential
building as defined under the act of November 26, 1978 (P.L. 1255, No.
299)[fn1] known as the Utility Service Tenants Rights Act, a water
utility shall comply with the provisions of that act.
 
 (d) Failure of previous lessee to pay bill.  Nothing in this section
shall be construed to authorize an authority or privately owned sewer or water company to shut off or deny water service to a lessee for failure of a previous lessee to pay a water or sewer service rate, rental or charge.
 
[fn1] 68 P. S.  399.1 et seq.
 
2006, April 14, P.L. 85, No. 28,  502, imd. effective.

 

53 P. S.  3102.503. Submission of water meter readings and flat-rate
water bills
 
 A water utility shall, at the request of an authority, supply to the
authority, on or before the 15th day of the month following the month
during which water bills are issued, a list of all water meter readings
and flat-rate water bills issued during the preceding calendar month and the basis of each flat-rate customer's water charge for use by the
authority in calculating or computing its rentals, rates or charges for
furnishing sewer, sewerage or sewage treatment service to the water
customers.
 
2006, April 14, P.L. 85, No. 28,  503, imd. effective.

 

53 P. S.  3102.504. Billing and collecting agent
 
 (a) General rule.  A water utility may act as billing and collecting
agents of a municipal authority which imposes rentals, rates or charges
for use of a sewer, sewerage system or sewage treatment works upon owners or occupants of premises served by the water utility. Upon request of an authority, the water utility may include with its own bills for water or water service the rentals, rates and charges for sewer, sewerage and sewage treatment service. If the water utility agrees to do so, the added rentals, rates and charges shall be set forth separately from the charges for water or water service, but both shall be payable to and collected by the water utility and payment of either may be refused unless both are paid.
 
 (b) Accounting.  The water utility shall, at least once each calendar quarter, account for and turn over the moneys it has collected to the authority imposing the rentals, rates and charges.
 
2006, April 14, P.L. 85, No. 28,  504, imd. effective.
 
53 P. S.  3102.505. Payment for billing and collecting services
 
 (a) General rule.  An authority imposing sewer, sewerage or sewage
treatment rentals, rates or charges shall pay to a water utility the
reasonable additional clerical and other expenses incurred in providing
billing and collecting services.
 
 (b) Shut-off service.  An authority, city, borough or township
requesting and directing the shutoff of water shall also pay to the water utility the cost of the shut-off service and the estimated loss of water revenues resulting from such shutoff.
 
 (c) Long-term agreements.  A water utility may enter into a long-term agreement with an authority for performing billing and collecting
services and with an authority, city, borough or township for shut-off
services. The agreement shall be binding on the utility, its successors
and assigns.
 
 (d) Disputes.  If a dispute arises between the utility and an
authority, city, borough or township as to the cost of such services, the amount of revenues lost or the provisions of an agreement under this subsection, the dispute may be submitted by either party to the
commission, whose decision, unless reversed on appeal, shall be final.
This subsection shall not be construed to grant to the commission any
other regulatory power or jurisdiction over counties, cities, boroughs,
townships or authorities.
 
2006, April 14, P.L. 85, No. 28,  505, imd. effective.
 
53 P. S.  3102.506. Severability
 
 The provisions of this chapter are severable. If any provision is held to be unconstitutional, the decision shall not affect the validity of the remaining provisions, and it is declared as the intent of the General Assembly that this chapter would have been adopted had the
unconstitutional provision not been included:
 
2006, April 14, P.L. 85, No. 28,  506, imd. effective.

 

53 P. S.  3102.507. Inconsistent repeals
 
 All acts and parts of acts are repealed to the extent that they are
inconsistent with the provisions of this chapter.
 
2006, April 14, P.L. 85, No. 28,  507, imd. effective.