48-2011

48-2011. Powers of sanitary district

In addition to the powers specifically granted, a sanitary district, acting through
its board of directors, may:

1. Construct, maintain and operate within or without the district a sewerage system
and necessary sewage disposal and treatment plants.

2. Construct, maintain and operate within or without the district garbage disposal
and treatment plants for the treatment and disposal of garbage, trash, rubbish, sewage
sludge and waste materials.

3. Acquire in the name of the district any real or personal property or interest
therein by gift, purchase, condemnation or otherwise, and own, control, manage or dispose
of such property or interest when necessary or convenient for the purposes stated in
paragraphs 1 and 2. Private funds or contributions received by a sanitary district for
the purpose of defraying expenses of work done under its direction may be expended by the
district in compliance with the terms and conditions under which such funds are received,
provided the terms and conditions meet the approval of the board of directors of the
district and are within the scope of the statutory powers and duties of the district.

4. Join with any other sanitary district, municipality, governmental agency or
private entity in the construction, maintenance, operation or financing of a sewerage
collection system or sewage disposal or treatment plant, or garbage disposal or treatment
plant, either within or without the district, but no sewage disposal or treatment plant
or garbage disposal or treatment plant shall be constructed or maintained within an
incorporated city or town or within one-half mile thereof without the consent of the
governing body of the city or town, as evidenced by a duly adopted resolution of the
governing body.

5. Sell, lease or otherwise dispose of any property of the district or interest
therein when such property is no longer required for the purposes of the district or when
use of it may be permitted without interfering with the use to which it is put by the
district.

6. Sell, process, treat, deliver, provide facilities for delivering or otherwise
dispose of fertilizer or other by-product resulting from operation of a sewerage system
or sewage disposal or treatment plant, sewage sludge disposal or treatment plant or
garbage disposal or treatment plant.

7. Construct, maintain and operate pipelines, treatment, manufacturing and delivery
facilities and other facilities necessary for purposes described by paragraph 6, or for
the purpose of conserving and beneficially using sewage sludge and by-products recovered
in sewerage operations by sale or disposition thereof for agricultural, residential,
domestic or industrial purposes, or by discharge of water or effluent in a manner that it
will discharge into existing watercourses or percolate into underground gravels and
replenish water resources.

8. Pay expenses incidental to the exercise of its powers.

9. Employ sanitation experts, engineers, administrators, surveyors, counsel and
other persons as are necessary in the exercise of its powers.

10. Formulate and adopt rules governing installation, use and maintenance of private
sewer disposal systems within district boundaries, whether on private land or public
rights-of-way, and connections to the sewer lines of the district and connections without
the limits of an incorporated city or town to sewer lines which connect to sewer lines of
the district.

11. Require permits for any and all connections described by paragraph 10 and for
installation and maintenance of private sewage disposal systems.

12. Formulate and adopt rules governing:

(a) The operation and utilization of the garbage disposal or treatment plants of
the district.

(b) Disposing of and using sewage sludge and other by-products of the sewage
treatment process.

13. Enter into intergovernmental agreements pursuant to title 11, chapter 7, article
3 with the department of environmental quality for the department to provide technical
and administrative services, collection of fees and cooperation in enforcing laws and
rules of each party to the agreement concerning the design, construction, operation and
maintenance of all existing and proposed on-site wastewater treatment facilities and
private sewage disposal systems within the boundaries of the district.

14. Bring an action for injunction or any other civil action against any person who
violates this chapter or rules adopted pursuant to this chapter.

15. Develop, manage and enforce an on-site sewage disposal management plan.

16. Investigate and formulate rules governing effluent disposal by sanitary
treatment and effluent disposal facilities in the district.

17. Sue and be sued.

18. Manage and conduct the business and affairs of the district, and do all other
things incidental to exercising the powers granted by this article, including increasing
or decreasing the number of board members, as long as there are not less than three
members.