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.