2006 Code of Virginia § 15.2-2122 - Localities authorized to establish, etc., sewage disposal system; incidental powers

15.2-2122. Localities authorized to establish, etc., sewage disposalsystem; incidental powers.

For the purpose of providing relief from pollution, and for the improvementof conditions affecting the public health, and in addition to other powersconferred by law, any locality shall have power and authority to:

1. Establish, construct, improve, enlarge, operate and maintain a sewagedisposal system with all the necessary sewers, conduits, pipelines, pumpingand ventilating stations, treatment plants and works, and other plants,structures, boats, conveyances and other real and personal property necessaryfor the operation of such system, subject to the approvals required by 62.1-44.19.

2. Acquire as permitted by 15.2-1800, real estate, or rights or easementstherein, necessary or convenient for the establishment, enlargement,maintenance or operation of such sewage disposal system and the property, inwhole or in part, of any private or public service corporation operating asewage disposal system or chartered for the purpose of acquiring or operatingsuch a system, including its lands, plants, works, buildings, machinery,pipes, mains and all appurtenances thereto and its contracts, easements,rights and franchises, including its franchise to be a corporation, and havethe right to dispose of property so acquired no longer necessary for the useof such system. However, any locality condemning property hereunder shallrest under obligation to furnish sewage service, at appropriate rates, to thecustomers of any corporation whose property is condemned.

3. Borrow money for the purpose of establishing, constructing, improving andenlarging the sewage disposal system and to issue bonds therefor in the nameof the locality.

4. Accept gifts or grants of real or personal property, money, material,labor or supplies for the establishment and operation of such sewage disposalsystem and make and perform such agreements or contracts as may be necessaryor convenient in connection with the procuring or acceptance of such gifts orgrants.

5. Enter on any lands, waters and premises for the purpose of making surveys,borings, soundings and examinations for constructing and operating the sewagedisposal system, and for the prevention of pollution.

6. Enter into contracts with the United States of America, or any departmentor agency thereof, or any person, firm or corporation, or the governing bodyof any other locality, providing for or relating to the treatment anddisposal of sewage and industrial wastes.

7. Fix, charge and collect fees or other charges for the use and services ofthe sewage disposal system; and, except in counties which are not otherwiseauthorized, require the connection of premises with facilities provided forsewage disposal services. Water and sewer connection fees established by anylocality shall be fair and reasonable. Such fees shall be reviewed by thelocality periodically and shall be adjusted, if necessary, to assure thatthey continue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders which are in conflict with any of the foregoingprovisions.

8. Finance in whole or in part the cost of establishing, constructing,improving or enlarging the sewage disposal systems authorized to beestablished, constructed, improved or enlarged by this section, in advance ofputting such systems in operation.

9. Fix, charge and collect fees and other charges for the use and services ofsanitary, combined and storm water sewers operated and maintained by anylocality. Such fees and charges may be fixed and collected in accordance withand subject to the provisions of 15.2-2119.

(Code 1950, 15-739.1; 1950, p. 1610; 1954, c. 332; 1962, c. 623, 15.1-320; 1979, c. 181; 1991, c. 194; 1997, cc. 12, 587.)