Code of Virginia - Title 21 Drainage, Soil Conservation, Sanitation And Public Facilities Districts - Chapter 3 Sanitation Districts Law Of 1938 - Tidal Waters

21-141 Short title
This chapter may be known, designated and cited as the "Sanitation Districts Law of Nineteen Hundred and Thirty-Eight." (1938, p. 510; Michie Code 1942, § ...
21-142 Definitions
Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) The term "district" means a sanitation district ...
21-143 Ordering and conduct of elections
Every order made pursuant to this chapter requiring the opening of a poll and the taking of the sense of the qualified voters of a ...
21-144 Court proceedings
Whenever in this chapter the circuit court of any county, or the corporation court of any city, is authorized to accept any petitions or papers, ...
21-145 Territory which may be embraced in district
Any integral body of territory within which are situated waters affected by the ebb and flow of the tide and none of which is embraced ...
21-146 Notice of hearing on petition for creation
Upon the presentation of a petition complying with the requirements of this article, praying for the creation of a sanitation district, fixing the boundaries thereof ...
21-147 Contents of petition
Every such petition shall pray for the creation of the proposed sanitation district, shall set forth the name of the proposed sanitation district (which shall ...
21-148 Signatures on petition
Every such petition shall be signed by not less than 200 qualified voters of the proposed sanitation district, including not less than 50 qualified voters ...
21-149 Hearing and determination; ordering election
Any person interested may answer the petition and make defense thereto, and at such hearing all persons interested or desiring to controvert the allegations of ...
21-150 Order when election favors establishment
If upon the certification of the result of such election made by the Secretary of the Commonwealth to such court, it shall appear that a ...
21-151 Exclusion from district of county, city or town voting against establishment
If upon the certification of the results of the election provided for in § 21-150 it shall appear that a majority of the qualified voters ...
21-152 Approval of State Health Commissioner
The State Health Commissioner is authorized, upon being satisfied that the creation of a proposed sanitation district will provide a practical means for abating or ...
21-153 Governing bodies may adopt resolutions
The governing body of each city and county and town is authorized, in its discretion, to adopt resolutions, as above referred to, approving and joining ...
21-154 Incorporation of district; name and style
Each district heretofore or hereafter created pursuant to this chapter or pursuant to a special act of the General Assembly, and the inhabitants of its ...
21-155 Powers of commission
Each commission, constituting a corporation is hereby invested with the rights, powers and authority and charged with the duties set forth in this chapter, and ...
21-156 Exemption of bonds from taxation
The bonds of such district or commission, and the property owned or operated by such district or commission shall be exempt from all taxation, and ...
21-157 Creation of board or commission to control corporation
In and for each district, a board or commission is hereby created to manage and control the functions, affairs and property of the corporation and ...
21-158 Officers of board or commission
The board or commission shall elect from its members a chairman, whose term of office as such shall be one year, and who shall be ...
21-159 Compensation and expenses of commission members
The members of the commission shall receive no salary, but shall be paid their necessary traveling and other expenses incurred in attendance upon meetings of ...
21-160 Meetings of commission
Regular meetings of the commission shall be held at least once every month at such time and place as the commission shall from time to ...
21-161 Quorum
Three members of the commission shall constitute a quorum, and the vote of three members of the commission shall be necessary to take any action. ...
21-162 Suspension or removal of members of commission
Members of the commission may be suspended or removed by the Governor at his pleasure. (1938, p. 514; 1942, p. 601; Michie Code 1942, § ...
21-163 Oath and bond of members of commission
Each member of the commission shall, before entering upon the discharge of his duties under this chapter, take and subscribe the oath of office required ...
21-164 Description unavailable
Repealed by Acts 1970, c. 463. ...
21-165 Manner of letting contracts
All contracts, except in cases of emergency, over $5,000 that the commission may let for construction or materials shall be let after public advertising. The ...
21-166 How power of eminent domain exercised
The powers of condemnation or eminent domain conferred on the commission by this chapter shall be exercised by the board or commission under the same ...
21-167 County, city or town not liable for act of commission
No pecuniary liability of any kind shall be imposed upon any county, city or town constituting any part of any district because of any act, ...
21-168 Enumeration of powers of commission
Every commission shall have the following powers: (1) To adopt and have a common seal and to alter the same at pleasure; (2) To sue ...
21-169 Relief from pollution to be purpose of commission
The purposes of every commission shall be the relief of the tidal waters of the district from pollution and the consequent improvement of conditions affecting ...
21-170 Acquisition and use of pipes, sewers, plants, stations, etc
Every commission is authorized and directed to acquire, in the name of the commission but for the cities, counties and towns in whole or in ...
21-171 Collection from public sewage systems
The commission is authorized and directed when in the judgment of the commission its sewage disposal system, or part thereof, will permit, to collect from ...
21-172 Use of public sewer and disposal facilities
In order to carry out and effectuate the purposes of the commission, every commission is authorized to enter upon and use and connect with any ...
21-173 Use of public places
In order to carry out and effectuate the purposes of the commission, every commission is authorized to construct and operate its trunk, intercepting and outlet ...
21-174 Special contracts for disposal of sewage and other wastes
(a) Every commission is authorized to enter into contracts with the United States of America, or with any department, institution or agency thereof, on such ...
21-175 Approval of disposal methods
The method proposed to be used by a commission for treating and disposing of sewage and industrial wastes so as to prevent the pollution of ...
21-176 Prohibition of sale or encumbrance of system
Neither the commission nor any of the counties, cities or towns in whole or in part embraced within the district shall have power to mortgage, ...
21-177 Agents and employees of commission
The commission is authorized, except as otherwise provided in § 21-158, to appoint all agents and employees of the commission, dismiss them, fix their salaries ...
21-178 Funds of commission
(a) All moneys of a commission, whether derived from the sale of bonds or other obligations or from the collection of fees, rents and other ...
21-179 Accounts and records
Every commission shall keep and preserve complete and accurate accounts and records of all moneys received and disbursed by it and of all of its ...
21-180 Authorization
Every commission is authorized to charge and collect fees, rents, or other charges for the use and services of the sewage disposal system. Such fees, ...
21-181 Uniformity and basis
Such fees, rents and charges being in the nature of use or service charges, shall as nearly as the commission shall deem practicable and equitable, ...
21-182 Schedule
The commission shall prescribe and from time to time when necessary revise a schedule of such fees, rents and charges which shall comply with the ...
21-183 Time and place of payment
The commission shall likewise fix and determine the time or times when and the place or places where such fees, rents and charges shall be ...
21-184 Effect of failure to pay
In the event that the fees, rents or charges charged by the commission for the use and services of the sewage disposal system by or ...
21-185 Register
The commission shall keep and preserve a complete register, or registers, open to public inspection, of all fees, rents and other charges which have been ...
21-186 Appeal from action fixing fees, etc
From any action of the sanitation commission in prescribing fees, rents and charges, or either of them, pursuant to the provisions of this chapter, an ...
21-187 Actions for collection
The commission shall have the right to recover the amount of any fees, rents or other charges charged by the commission to the owner or ...
21-188 Contracts for collection
Any commission, and any county, city or town in whole or in part embraced within the district, are authorized to enter into a contract or ...
21-189 Outstanding bonds not to exceed ten million dollars
Bonds of a commission shall at no time be outstanding in a principal amount in excess of $10 million. (1938, p. 519; 1942, p. 604; ...
21-190 Election prior to issuance
No bonds shall be issued by a commission, except to fund or refund bonds theretofore issued and thus to redeem a previous liability, unless the ...
21-191 Other matters determined by resolution
All other matters relating to the issuing of such bonds, and all matters relating to the contracting of debt, borrowing of money and issuing of ...
21-192 Form and contents
Bonds shall be authorized by resolution of the commission, and shall be issued from time to time in one or more series, be in such ...
21-193 How sold
Such bonds may be sold at public or private sale for such price or prices as the commission shall determine, provided the interest cost to ...
21-194 Resolutions may be part of contract with bondholders
Any resolutions of the commission authorizing any bonds may contain provisions, which shall be a part of the contract with the several holders of such ...
21-195 Negotiability
Any provisions of law to the contrary notwithstanding, any bonds or temporary bonds issued pursuant to the authority of this chapter shall be deemed to ...
21-196 Liability of Commonwealth, county, city or town
The bonds, notes and other obligations, and any indebtedness, of a commission shall not be in any way a debt or liability of the Commonwealth, ...
21-197 No personal liability
Neither the members of the commission, nor any person executing any bonds or temporary bonds shall be liable personally on the bonds or temporary bonds ...
21-198 Purchase by commission
The commission is authorized, out of any funds available therefor, to purchase any bonds of the commission at a price not more than the redemption ...
21-199 Bonds constitute legal investments
Any bonds issued pursuant to the authority of this chapter are hereby made securities in which all public officers and bodies of this Commonwealth and ...
21-200 Special remedies of bondholders
(a) The provisions of this section shall be applicable to a series of bonds of a commission only if the resolution or resolutions authorizing such ...
21-200.1 Bonds mutilated, lost or destroyed
Should any bond issued by the commission become mutilated or be lost or destroyed, the commission may cause a new bond of like date, number ...
21-201 Interim certificates
Pending the preparation, execution and delivery of definitive bonds of the commission to the purchaser of such bonds, interim certificates or other obligations may be ...
21-202 Inviolability of rights and remedies
The Commonwealth does pledge to and agree with the holders of any bonds or other obligations issued by any commission pursuant to this chapter that ...
21-203 Notice of intention to withdraw
Any county or city in whole or in part embraced within a district either heretofore or hereafter created by or pursuant to any special act ...
21-204 Right to withdraw and set up separate district
If after the giving of such notice and within one year after the creation of the district such county or city shall have taken all ...
21-205 Proof that steps for withdrawal have been taken
The governing body of any county or city proposing to avail itself of the provisions of this article shall, within one year after the creation ...
21-206 Power of county or city electing to set up separate district
Any county or city which elects to construct and operate therefor a separate sewage disposal system in accordance with the provisions of § 21-204 and ...
21-207 Withdrawal must be within one year
The transfer and vesting of rights, powers and duties shall be no longer operative if the county or city electing to withdraw shall not entitle ...
21-208 Additional rights conferred on city or county withdrawing
The foregoing provisions of § 21-206 shall be deemed to confer additional rights and powers upon any such county or city affected, and shall in ...
21-209 No election on issuance of bonds within six months
No election upon the question of the issuance of bonds of the commission shall be held within the first six months after the creation of ...
21-210 Disposal system to be erected by separate district
Any county or city which elects to construct and operate therein a separate sewage disposal system in accordance with the foregoing provisions of § 21-203 ...
21-211 City withdrawing to provide for disposal of sewage of county or town
If any city shall withdraw from the district pursuant to the foregoing provisions of this article, such city, if requested by the commission or the ...
21-212 Effect of nonappointment of members of commission on withdrawal
In the event that the members of the commission shall not be appointed within two months after the creation of the district then the date ...
21-213 Member of commission becoming nonresident because of removal or withdrawal
If any member of a commission shall, through removal from the district or through any withdrawal or exclusion of any part or parts of any ...
21-214 Plans, maps, etc., to be available to commission
Each county, city or town in whole or in part embraced within a district shall, at the request of the commission, make available to the ...
21-215 Payments by county, city or town
Each county, city, town or other public body shall promptly pay to any commission all fees, rents and charges which the commission may charge to ...
21-216 Contracts with counties, cities and towns outside of district
Any commission, and any county, city or town in whole or in part outside of the district, is authorized to enter into a contract on ...
21-217 Powers conferred on counties, cities and towns in addition to other powers
The powers conferred by this chapter on counties, cities and towns are in addition and supplemental to the powers conferred by any other law, and ...
21-218 Discharge into tidal waters of matter causing pollution
No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly into any tidal waters of ...
21-219 Discharge of matter injurious to system
No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly, into the sewage disposal system ...
21-220 Remedies to prevent violation
Any county, city, town or other public body, or person may be restrained, enjoined or otherwise prevented from violating or continuing the violation of any ...
21-221 Jurisdiction
Jurisdiction to enforce the provisions of this article and to grant any remedy or relief authorized by § 21-220 shall be in the circuit court ...
21-222 Discharge of sewage from vessel while afloat, etc
No violation of any provision of this article shall be deemed to occur by reason of the discharge of sewage from any boat or vessel ...
21-223 Punishment of violations
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished accordingly. (1938, c. 530; Michie ...

Last modified: April 3, 2009