8 Pennsylvania Consolidated Statutes Chapter 24 - Water System

• Chapter Notes

Subchapter A.  General Powers to Supply Water

• Section 2401 - Power To Supply Water And Make Regulations
  (a) Supply of water.--Boroughs may supply water for the use of the public within the borough by constructing or purchasing and operating a water...
• Section 2402 - Contracts Not To Abridge Powers
  A borough's power to construct and operate a water system as provided in section 2401 (relating to power to supply water and make regulations)...
• Section 2403 - Issue Of Bonds Where Water System Acquired
  Where the price and terms are agreed upon, a borough may become the owner of and operate any water system owned and operated by...
• Section 2404 - Refunding Bonds
  (a) General rule.--If a borough acquires a water system subject to any existing lien or liens and, at the time of acquisition, issues utility...
• Section 2405 - (Reserved)
• Section 2406 - Contracts To Supply Water For Municipal Purposes
  Boroughs may receive bids from water companies and municipal authorities authorized to do business within the borough and from other municipalities operating a water...
• Section 2407 - Power To Supply Water Beyond Limits Of Borough
  If a borough maintains a water system, it shall be lawful for the borough to supply water to persons and corporations outside the limits...
• Section 2408 - Assessment For Water Mains
  Boroughs shall have power to assess the whole cost or any part of the cost of construction of new water mains built in connection...
• Section 2409 - Sale Of Water System
  (a) General rule.--By ordinance, a borough may sell all or part of its water system to a purchaser at an agreed-upon price, and, thereafter,...

Subchapter A.1. Acquisition by Eminent Domain

• Section 2411 - Appropriation Of Lands And Waters
  A borough desiring to build a water system or to improve its water supply may appropriate springs, streams, rivers or creeks and lands, easements...
• Section 2412 - Agreements As To Damages
  Prior to any appropriation under section 2411 (relating to appropriation of lands and waters), the borough shall attempt to agree with the owner as...
• Section 2413 - (Reserved)

Subchapter A.2. Acquisition by Purchase After Appraisement

• Section 2421 - Petition To Court
  If a borough desires to own and operate a water system owned by any person, firm or corporation, the borough may present its petition...
• Section 2422 - Appointment Of Appraisers
  (a) Valuation.--The court of common pleas shall appoint three civil engineers as appraisers to value and appraise: (1) The water system. (2) The property...
• Section 2423 - Powers Of Appraisers
  (a) Powers.--The appraisers shall have the following powers: (1) To access the books and records of the person, firm or corporation owning the water...
• Section 2424 - Appeal From Appraisement
  (a) Filing of petition.--Within ten days after notice of the filing of any report in the court of common pleas, either party may appeal...
• Section 2425 - Authority To Purchase And Consent To Sell
  (a) Authority to purchase.--After the value is finally determined, the borough is authorized to buy the water system at the valuation fixed. (b) Consent...
• Section 2426 - Bond Issue And Limitations
  (a) Bond issue.--For the purpose of purchasing a water system, the borough may issue utility bonds in the manner provided by 53 Pa.C.S. Pt....
• Section 2427 - (Reserved)

Subchapter A.3. Power to Lease Water System

• Section 2431 - Lease Of Water System
  The council of a borough may enter into a contract with any individual, partnership, association or corporation for the leasing of a water system...
• Section 2432 - Term Of Lease And Rental
  The lease term may be for a term of years and at a rental price as shall be agreed upon by the borough and...
• Section 2433 - Operation Of Property
  A borough shall have the same powers in operating a leased water system as it would have in operating a purchased or condemned water
• Section 2434 - (Reserved)

Subchapter A.4. Joint Water System

• Section 2436 - Joint Acquisition And Construction
  A borough may join with one or more municipal corporations in the construction or acquisition and maintenance of a water system.
• Section 2437 - Permits
  The construction of a water system shall be commenced only after plans for the water system have been filed with the Department of Environmental...
• Section 2438 - Joint Commission
  (a) General rule.--The municipal corporations joining in the construction or acquisition and maintenance of a water system may, by ordinance, provide for the appointment...

Subchapter A.5. Condemnation of Lands for Road Purposes and to Prevent Contamination

• Section 2441 - Acquisition Of Land
  (a) Acquisition for construction of roads.--If a borough finds it necessary, when storing water for supply to the public, to occupy and overflow portions...
• Section 2442 - Filing Maps And Plans
  If a change is made under section 2441(a) (relating to acquisition of land), the borough shall file in the court of common pleas a...
• Section 2443 - (Reserved)
• Section 2444 - (Reserved)

Subchapter A.6. Commission of Water System

• Section 2451 - Commission
  (a) Establishment.--If a borough owns and maintains a water system, there may be established in the borough, by ordinance, a commission of the water...
• Section 2452 - Terms Of Commissioners And Compensation
  (a) General rule.--If a borough establishes a commission of the water system, it shall be the duty of the council to appoint the commissioners...
• Section 2453 - Organization Of Commissioners
  The commissioners of the water system shall meet within ten days after their first appointment and annually thereafter and organize by electing a president...
• Section 2454 - Powers Of Commission
  After organization, the commissioners shall take charge and control of the water system of the borough. The commission shall have the following powers: (1)...
• Section 2455 - Issue Of Bonds
  The borough may, upon the request of the commissioners of the water system, issue general obligation or nondebt revenue bonds for the extension of...
• Section 2456 - Preparation Of Plans And Specifications And Contracts
  (a) Preparation of plans and specifications.--The commissioners shall prepare plans and specifications of all work to be performed and materials necessary for the repair,...
• Section 2457 - Reports By Commission
  The commissioners shall make a monthly report to the council of the receipts and disbursements during the preceding month and annually make a detailed...
• Section 2458 - Care Of Funds
  (a) Collectors.--Collectors shall be appointed by the commissioners, in accordance with section 2454 (relating to powers of commission), who shall collect all money for...

Subchapter A.7. Water Connections

• Section 2461 - Ordinance
  (a) General rule.--Council may, by ordinance, require any owner of property to connect with and use a water system of the borough or municipal...
• Section 2462 - Notice And Failure To Make Required Connection
  An owner shall be given at least 45 days' notice of any ordinance requiring a water connection, and, upon failure of the owner to...
• Section 2463 - Water Main Tapping Fees
  (a) General rule.--A borough may, by ordinance, provide for charging a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 (relating to purposes...

Last modified: October 8, 2016