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7-33 SOLID WASTES MANAGEMENT SYSTEMS
CHAPTER 7-33

SOLID WASTES MANAGEMENT SYSTEMS

7-33-1      Commissioners authorized to provide system.
7-33-2      Agreements for system authorized.
7-33-3      Lease or purchase of land, facilities and vehicles authorized.
7-33-4      Tax levies and charges authorized--Licenses.
7-33-5      Acceptance of grants and gifts.
7-33-6      Policies and requirements for operation of system and for sale or transfer of solid waste or recycled materials.
7-33-7      Board authorized to borrow money for the construction and operation of solid waste management facilities.
7-33-8      Fixing of rates and charges for services--Pledge of revenues to pay bonds.
7-33-9      Rates to be set in amount sufficient to pay operating costs and produce reserves to retire bonds.


7-33-1Commissioners authorized to provide system.

The board of county commissioners in each county of the state is authorized to plan, organize, and provide a solid wastes management system to adequately handle solid wastes generated or existing within the boundaries of such county.

Source: SL 1971, ch 50.


7-33-2Agreements for system authorized.

The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid wastes management system for all participating counties, an individual county, or any portion thereof.

Source: SL 1971, ch 50; SL 1992, ch 60, § 2.


7-33-3Lease or purchase of land, facilities and vehicles authorized.

The board of county commissioners is authorized to contract for the lease or purchase of land, facilities and vehicles for the operation of a solid wastes management system either for the county or as a party to a regional solid wastes authority.

Source: SL 1971, ch 50.


7-33-4Tax levies and charges authorized--Licenses.

The board of county commissioners shall have the authority to levy and collect such taxes, fees, or charges, and require such licenses as may be appropriate to discharge their responsibility for a solid wastes management system or any portion thereof.

Source: SL 1971, ch 50.


7-33-5Acceptance of grants and gifts.

The board of county commissioners shall be authorized to accept, receive, and administer grants or other funds or gifts from private and public agencies, including the federal government, for the development and operation of a solid wastes management system.

Source: SL 1971, ch 50.


7-33-6Policies and requirements for operation of system and for sale or transfer of solid waste or recycled materials.

The board of county commissioners of a county may, in accordance with the provisions of §§ 34A-6-40 and 34A-6-63.1, establish policies and requirements for the operation of solid waste or recycling facilities and systems and the sale or transfer of solid waste materials or by-products or recyclable materials.

Source: SL 1971, ch 50; SL 1976, ch 77; SL 2007, ch 204, § 2.


7-33-7Board authorized to borrow money for the construction and operation of solid waste management facilities.

For the purpose of defraying the cost of acquiring, establishing, planning, operating, and maintaining a solid waste management system or facility, recycling facility, or any portion of such a system or facility, the board of county commissioners may borrow money and issue negotiable revenue bonds, without pledging or using the credit of the county. All proceedings for the construction and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility, and the borrowing of money and issuing of bonds therefore, shall be governed, to the extent applicable, by §§ 7-33-7 to 7-33-9, inclusive, and chapters 9-40 and 34A-6. All revenue bonds shall be authorized, issued, and sold as provided in chapter 6-8B.

Source: SL 2009, ch 31, § 1.


7-33-8Fixing of rates and charges for services--Pledge of revenues to pay bonds.

The board of county commissioners may:

(1)    Fix reasonable rates and charges for services furnished and made available by the county to users of its facilities;

(2)    Provide for the collection of the rates and charges;

(3)    Pledge the net revenues derived from the facilities to the payment of bonds made payable from the revenues; and

(4)    Make and enforce on behalf of the county any such lawful provisions and stipulations relating to the proper operation and maintenance of the facilities, the administration of the income and revenues, the expenditure of the bond proceeds, and, without limitation, all other matters affecting the security of the bonds and the bondholders, which the board deems necessary.

Source: SL 2009, ch 31, § 2.


7-33-9Rates to be set in amount sufficient to pay operating costs and produce reserves to retire bonds.

If revenue bonds are issued pursuant to § 7-33-7, the board of county commissioners is obligated, until all the bonds and interest thereon are fully paid, to:

(1)    Fix such rates and charges and to revise them from time to time in such manner that the collections thereof will be adequate to pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds; and

(2)    Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds and to accumulate and maintain reserves for the further security of the bonds in such amounts as may be agreed in the resolutions authorizing the bonds.

Source: SL 2009, ch 31, § 3.


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