18706_Authority_Oct

municipalauthorities.org | 63 barriers. If a property uses private well water, sewer-only shut-off may not be a legal or viable enforcement tool. Public health codes also limit the ability to disconnect a property from the sanitary sewer system. Where shut-off is unavailable or inadvisable, other legal tools may be considered. Municipalities may file liens against the property, pursue actions in magisterial district court, or enforce unpaid balances through sheriff or tax sales. Writs of scire facias are another tool for lien enforcement, though often time-consuming. There are also times where a combination of collection options should be utilized. For example, if water service is terminated, but the account balance continues to grow, the authority may want to consider Solicitor’s Corner continued from page 30. filing a municipal lien to protect the authority’s interests in the event of a bankruptcy filing, sheriff sale or tax sale. It is often a good idea to have a threshold overdue balance amount that triggers review of the account and consultation with your solicitor to ensure all bases are being covered. Final Thoughts Water service termination is a powerful collection tool. When handled correctly, it promotes fairness and accountability while protecting the financial health of the authority. When applied inconsistently or without regard to legal safeguards, it can erode public trust and trigger legal action. By mastering the applicable laws, designing sound internal procedures, and communicating clearly with Christine M. Seymour, Esquire is a sole practitioner in the South Hills of Pittsburgh, Pennsylvania specializing in the areas of municipal authority law and litigation. She is also affiliated with the law firm of Dodaro, Dalfonso, Matta & Cambest. P.C.. She also served as an adjunct professor at several universities and is a former Administrative Law Judge. She is a frequent contributor to this magazine and speaker at PMAA conferences. W ATER S ERVICE T ERMINATION L AWS FOR N ONPAYMENT Notify: Property owner once 30 days overdue, post at main entrance & mail with 10 days notice prior to termination of water service. W ATER S EWER Water Services Act, 53 P.S. Section 3102.101 Utility Service Tenants Rights Act, 68 P.S. Section 399.1 Notify: Landlord - 37 days prior to termination of water service & copy to county health dept (if have one). Tenants - no later than 7 days after Landlord notice and 30 days prior to termination of water service. T YPE OF S ERVICE : W ATER OR S EWER T ENANT P ROPERTY O WNER P ROPERTY O WNER T ENANT Water Services Act, 53 P.S. Section 3102.502 (c) refers to Utility Service Tenants Rights Act The Pennsylvania Municipal Authorities Association assumes no liability with respect to the use of the information contained herein or responsibility for errors and omissions. No law governing this. Authority choice. Many use PUC notification process, Water Services Act or Utility Service Tenants Rights Act or own authority rules & regulations. customers, Pennsylvania’s municipal authorities can ensure their decisions reflect not only enforcement—but integrity and purpose. S To access Attorney Seymour’s PMAA webinar, Shutting Off the Tap: A Practical Guide to Pennsylvania's Water Termination Laws, visit municipalauthorities.org/ota/ or contact Kim Miller at miller@ municipalauthorities.org .