Can you be charged for sewer services you have not received?

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Can you be charged for sewer services you have not received?

Wondering the legality of my borough charging me for sewer services I have not received as I am not connected to public sewage system. Am I liable for these charges when I have received no services? I have not connected to public sewer as have fully functional septic tank and lack of money to do so. Also, can they mandate you tie into the public sewer system if you have a fully functional sewage system at your home? I have had civil complaint filed against me by borough.

Asked on May 21, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Can they mandate you tie into public sewage? Yes, if  the law allows them to do so, or requires you to tie into public sewage.

2) Similarly, can they charge you for services which you are not in fact using? Yes, if the law makes sewer charges an assessment that all property owners pay, regardless of actual usage (basically a tax, even if they call it something else) and not a fee for usage (so, not like paying for water or electricity, which is based on metered use).

In short, what the borough can do depends on your local ordinances. You need to check those ordinances to see your rights and responsibilities.


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