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Section 9-48-1 – Classification of sewers.

9-48-1. Classification of sewers. Sewers are classified as follows: (1)A service sewer is one designed to carry sewage or water from the property abutting upon the street or way in which it is laid into a trunk or main sewer, or into the sewer outlet, septic, or disposal plant; (2)A trunk sewer is one designed […]

Section 9-48-15 – Assessment of property for proportionate share of sewer previously constructed–Apportionment among persons paying cost.

9-48-15. Assessment of property for proportionate share of sewer previously constructed–Apportionment among persons paying cost. If either a main, trunk, or service sewer has been constructed and the cost has not been apportioned against property that may benefit as provided by this chapter or chapter 9-43, the governing body may require the owner of the […]

Section 9-48-16 – Municipal purchase of private sewers.

9-48-16. Municipal purchase of private sewers. If any person has constructed within any street or alley a private sewer that is wholly or partly within any district subsequently established as provided in this chapter, the municipality may purchase the sewer or any part of the sewer and assess the cost to the property fronting or […]

Section 9-48-18 – Property owners’ protest against purchase of private sewer.

9-48-18. Property owners’ protest against purchase of private sewer. If the owners of a majority of the real property fronting or abutting on a sewer described in §9-48-16 prior to such resolution becoming effective shall file a written protest against such purchase, the governing body shall not have power to purchase the same. Source: SL […]

Section 9-48-2 – Authority to establish, construct, and maintain sewer systems–Separate fund.

9-48-2. Authority to establish, construct, and maintain sewer systems–Separate fund. Each municipality may: (1)Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits; (2)Appropriate funds and levy taxes to accumulate funds for […]

Section 9-48-20 – Minimum distance between sewer connections.

9-48-20. Minimum distance between sewer connections. No more than one sewer connection shall be made for each platted lot, or for each forty-four feet of frontage of unplatted ground, in the residence section, and for each twenty-two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing […]

Section 9-48-28 – Metering of water supply to determine sewer charges–Consideration of water consumed without return to sewer system.

9-48-28. Metering of water supply to determine sewer charges–Consideration of water consumed without return to sewer system. The metering of private water supplies produced or operated on premises served by public sewer utilities may be required. If the use or consumption of water on any premises is taken into consideration in determining the charge to […]

Section 9-48-3 – Real property in adjoining state.

9-48-3. Real property in adjoining state. Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for sewerage purposes. Source: SL 1917, ch 317; RC 1919, §6169 (77); SDC 1939, §45.0201 (82).

Section 9-48-30 – Special contract powers unimpaired.

9-48-30. Special contract powers unimpaired. Nothing contained in §§9-48-26 to 9-48-29, inclusive, shall be construed to limit or restrict the power of municipalities to contract as granted by §9-48-32, and any contract heretofore or hereafter entered into under such power shall be in lieu of any fees, rates, rentals, or charges established under §§9-48-26 to […]

Section 9-48-32.1 – Sewer utility rates and charges for recovery of capital costs–Intergovernmental cooperation.

9-48-32.1. Sewer utility rates and charges for recovery of capital costs–Intergovernmental cooperation. Notwithstanding any other provision in this chapter, any municipality, sanitary district, other political subdivision of this state, or any combination thereof which maintains, has installed, or plans to install sewer utilities for public use may establish, by ordinance or resolution, fair and equitable […]

Section 9-48-4 – Sewer pipes on private property–Discharge of sewage into stream.

9-48-4. Sewer pipes on private property–Discharge of sewage into stream. Every municipality may construct, maintain, or authorize the construction and maintenance of sewer pipes on private property or in or along any stream of water, or empty or discharge the sewage of the municipality into any stream of water within or without its limits, subject […]

Section 9-48-5 – Acquisition of sewer mains in newly annexed area.

9-48-5. Acquisition of sewer mains in newly annexed area. Every municipality shall have power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any sewer main or mains laid in, on or under […]

Section 9-48-53 – Connection of plumbing fixtures to public water sewer system–Purchase or lease of preexisting private sewers–Exemption of first class municipalities.

9-48-53. Connection of plumbing fixtures to public water sewer system–Purchase or lease of preexisting private sewers–Exemption of first class municipalities. Each building in which plumbing fixtures are installed shall connect to a public water sewer system if available. A public sewer system is available to a premise used for human occupancy if the property line […]

Section 9-48-6 – General obligation bonds for financing of sewers.

9-48-6. General obligation bonds for financing of sewers. Every municipality may issue its general obligation bonds pursuant to chapter 9-26 for the purpose of financing the construction of sewers. Source: SL 1921, ch 316; SDC 1939, §45.0201 (86); SL 1984, ch 43, §89.