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municipalauthorities.org | 29 s oliCitor ’ s C o r N E r s huttiNg o ff thE t aP : a P raCtiCal g uidE to P ENNsylvaNia ’ s w atEr t ErmiNatioN l aws Picture this: It's Monday morning, and you are facing a stack of delinquent accounts. Some customers have not paid in months. Some accounts have the bills returned month after month with no contact from the property owner. While you recognize the importance of pursuing delinquent accounts, the practical logistics and legal maze associated with water service shut-offs can feel overwhelming. One wrong step could land you in court or facing public backlash. If this scenario sounds familiar, you are not alone. Water service termination is one of the most powerful - and legally complex - tools available to Pennsylvania municipal authorities. Done correctly, it ensures fairness and keeps your authority financially healthy. Done wrong, it can trigger unpleasant exchanges with customers, unwanted social media coverage or even litigation. This article will try to simplify the process and provide practical, actionable advice for navigating water terminations in Pennsylvania. The Legal Landscape: More Complex Than You Think One thing that makes water service termination so confusing is that there is no single "water shut-off law" in Pennsylvania. Instead, there is a web of overlapping statutes that apply differently depending on your specific situation. Several laws may have a bearing on collection requirements: *Municipality Authorities Act – 53 Pa. C.S.A. §5601, et. seq. - Your By Christine M. Seymour, Esq. basic authority to operate water systems and to formulate rules and regulations addressing collection matters, among other things. This Act also provides specific guidance with regard to the property owners. *Water Services Act - 53 Pa.C.S.A. § 3102.101 et seq – With regard to sewer to service, this act provides for notice and posting requirements. Requires that once a property owner’s account is thirty (30) days overdue, the property must be posted at the main entrance and a ten (10) day notice mailed prior to termination. With regard to tenants, Section 3102.502(c) refers to Utility Services Tenants Rights Act protections/requirements. *Utility Service Tenants Rights Act (USTRA) - 68 P.S. §§ 399.1 - 399.12 - In the case of water service to a tenant, 68 P.S. §399.1 provides that the landlord receives notice thirty- seven (37) days prior to termination of water service and requires a copy to be provided to the county health department, if applicable. Tenants must receive notice no later than seven (7) days after the landlord notice and thirty (30) days prior to water service termination. *Responsible Utility Customer Protection Act – 66 Pa. C.S. §§ 1401—1418- This act prohibits water service termination from December 1 – March 31(or PUC approval) if water service is used to heat the household. Municipal authorities are not regulated by the PUC, however, so this does not apply to municipal authorities. *Authority Rules and Regulations - These carry legal weight too, but only if they are clearly written and consistently enforced. Finally, it should be noted in cases where a water authority is providing service to a property owner, there are no directly applicable laws governing notice requirements. Often, however, rules and regulations mirroring the protections set forth in one or more of the above-statutes will be implemented by the authority. The key insight? Whether your customer is a homeowner or tenant, and whether the bill covers water, sewer, or both, determines which laws apply. Every case is unique, which is why careful consultation with your solicitor is crucial. Getting Started: The Essential First Steps Before initiating the water termination process, it is important to take a step back and review the account thoroughly. A checklist might include: Verifying the basics - The account must be at least thirty (30) days past due. Double-check that previous bills and notices are going to the correct address of public record. Although an authority is permitted to rely upon the information provided by an account holder, sometimes reviewing why certain bills might be returned could assist in the collection process. Know your customer. Are they the property owner or a tenant?