73 Pa.C.S. Ch. 65

in effect

73 Pa.C.S. § 6501 Contracts for water supply and development of own water supply.

(a) Contracting allowed.--Townships may contract with an adjoining municipal corporation owning a water system or with a municipal authority or a private company for a supply of water for public and private uses to be delivered into the lines of the township at, near or within the boundaries of the township. (b) Additional allowance.--This section does not prohibit a contract between a township and a municipal corporation, or a private company, for the supply of water in territory being supplied by any other private company. (c) Water system.--A township may construct, maintain and operate its own water system and shall have full power by contract to develop an independent supply of water at any time, and the township is not required to purchase a water supply needed by the township from either an adjoining municipal corporation or from a private company.

73 Pa.C.S. § 6502 Public utility law saved.

Nothing contained in this chapter shall be construed to repeal or to supersede any of the provisions of 66 Pa.C.S. (relating to public utilities).

73 Pa.C.S. § 6503 Rates.

(a) Rates fixed.--For water supplied by the township, the board of commissioners shall fix the rates charged to users of water or to owners whose properties are connected to the water system. The board of commissioners shall provide for the collection of the water rates. The rates shall be in addition to the cost of making any connections under section 6508 (relating to connection to water system). For users outside the township, the fixing of rates shall be subject to, and in accordance with, applicable law and the rules and regulations of the Pennsylvania Public Utility Commission. (b) Rate establishment.--The initial imposition of the rate imposed under subsection (a) shall be established by ordinance. Subsequent rate adjustments may be by resolution if the ordinance establishing the rate allows for future rate adjustments by resolution adopted at a public meeting. This subsection shall not be construed to invalidate or void any rate imposed or adjusted prior to December 28, 2020.

73 Pa.C.S. § 6504 Distribution system and State permit.

A township entering into a contract for the supply of water may, by ordinance, provide, regulate and protect a system of water distribution after filing a certified copy of the plans and surveys for the system, with a description of the sources from which it is proposed to derive the supply, with the Department of Environmental Protection and, if required by law, other Federal or State entities, and written permits for the construction of the system are issued in accordance with existing law.

73 Pa.C.S. § 6505 Occupation of highways.

(a) Authority.--Except as provided in subsection (b), in providing for, regulating, protecting and extending a township's system of distribution of water, a township may occupy streets, roads or highways, and may take, injure or destroy private property as provided in this chapter. A highway under the jurisdiction of the Department of Transportation may not be occupied until a permit has been obtained from the Department of Transportation. (b) Exceptions.--Property belonging to or used as a cemetery, place of public worship, public or parochial school or other educational or charitable institution or seminary shall not be taken, injured or destroyed by virtue of this section.

73 Pa.C.S. § 6506 Property damages.

If the compensation and damages arising from the taking, injury or destruction of private property cannot be agreed upon, the township shall proceed under 26 Pa.C.S. (relating to eminent domain).

73 Pa.C.S. § 6507 Water districts.

The board of commissioners may designate, define and create one or more water districts within the township and the board of commissioners shall determine the proportion of the cost of the water system which shall be equitably charged on each district and declare and establish the apportionment by resolution. A water district may not be charged with more than the district's due proportion of the cost of the main pipe lines, pumping stations or other parts of the water system used jointly by more than one district.

73 Pa.C.S. § 6508 Connection to water system.

(a) Property owners.--The board of commissioners may, by ordinance, require that a property owner connect with and use a water system of the township or municipal authority or a joint water system in either of the following cases: (1) Except as provided in subsection (b), if the nearest property line is located within 150 feet of a water system or any part or extension of the system. (2) If the property has no supply of water which is safe for human consumption. (b) Exception.--With respect to water supplied for human consumption, a property owner who, after December 28, 2020, is subject to mandatory connection under subsection (a)(1), shall not be required to connect to the water system if all of the following apply: (1) The water system or part or extension of the system that is within 150 feet of the nearest property line was in existence on December 28, 2020. (2) The property has its own supply of water which is safe for human consumption. (3) Prior to December 28, 2020, the property owner was not required to connect to the existing system. (c) Wells.--Industries and farms which have their own supply of water for uses other than human consumption through installed and operating wells existing prior to December 28, 2020, may continue to use their preexisting wells for that purpose but are required to use the water system of the township or municipal authority to provide water for human consumption. (d) Backflow prevention device.--A township may require an owner of property to install and maintain a backflow prevention device based on the degree of potential hazard of the connected property in accordance with other applicable law. (e) Penalties.--A township may assess penalties for the violation of ordinances pertaining to water connections or backflow prevention devices. (f) Fee imposition.-- (1) A township may, by ordinance, impose and charge certain fees to property owners who desire or are required to connect to the water system owned or operated by the township, a municipal authority or a joint water board or who desire to increase their usage of the water system. (2) The fees imposed under paragraph (1) may be a connection fee, a customer facilities fee, a tapping fee and other similar fees as enumerated and calculated under 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers). (3) The tapping fee may include a reimbursement part as provided in 53 Pa.C.S. § 5607(d)(24)(i)(C)(IV) to be refunded to the private individual or corporation that paid for the construction of the water system or any part or extension of the water system. (g) Failure to connect.-- (1) If a property owner required under subsection (a) to connect with and use the system fails to connect within 90 days after notice to connect has been served by the board of commissioners, either by personal service or registered mail, the board of commissioners or their agents may enter the property and construct the connection. (2) The board of commissioners shall send an itemized bill of the cost of construction of the connection to the owner of the property to which connection has been made, which bill is payable immediately, or the board of commissioners may authorize the payment of the cost of construction of connections in equal monthly installments and the installments shall bear interest at a rate not to exceed 6%. Cross References. Section 6508 is referred to in section 6503 of this title.

73 Pa.C.S. § 6509 Cost of connection and payment.

The cost of construction of connections shall be payable immediately at the office designated by the board of commissioners, or if authorized by the board of commissioners, in monthly installments, with interest from the date of completion of the construction of the connection.

73 Pa.C.S. § 6510 Default in payment of installment.

For defaults in the payment of any installment and interest for a period of 60 days after the payment is due, the entire cost of construction of the connection and accrued interest shall become due and the township may collect the unpaid cost of construction of the connection and accrued interest from the owner by a municipal claim or in an action of assumpsit.

73 Pa.C.S. § 6511 Joint construction, acquisition or maintenance.

A township may join with one or more municipal corporations in the construction or acquisition and maintenance of a water system.

73 Pa.C.S. § 6512 Permits.

The construction of a water system may be commenced only after plans for the water system have been filed with the Department of Environmental Protection and, if required by law, other Federal or State entities and permits issued in accordance with law.

73 Pa.C.S. § 6513 Joint commission.

(a) Appointment.--The municipal corporations joining in the construction or acquisition and maintenance of a water system may, by ordinance, provide for the appointment of a joint commission of a water system in order to facilitate the construction, operation and maintenance of the water system and to secure preliminary surveys and estimates. (b) Agency.--The joint commission shall act generally as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance. (c) Composition.--The joint commission shall be composed of one representative, or alternatively an equal number of representatives, from each of the joining municipal corporations. The members of the joint commission shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed. (d) Organization.--The joint commission shall organize by the election of a chairperson, secretary and treasurer. The secretary and treasurer may be the same individual. (e) Appointments.--The municipal corporations may, in the ordinances creating the joint commission, authorize the joint commission to appoint an engineer, a solicitor and other assistants as are deemed necessary, and agree to share the compensation costs for members who attend meetings which shall be fixed in the budget prepared by the joint commission and submitted to and adopted by the joining municipal corporations. In addition to the agreed upon compensation that a member receives for each attendance at a meeting, members shall be entitled to actual expenses to be paid by the respective municipal corporations that the members represent.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026