Title 14, Local Government

(1) As used in this subchapter:(1) “Corresponding water utility” means an individual or entity that owns or operates in this state equipment or facilities for diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation; and(…

(a) (1) A sewer utility may request notification from a corresponding water utility of any change to customer information, including without limitation a change:(A) To a billing address; and(B) In service, including a new or additional connection or a disconnection.(2) A correspo…

(a) A corresponding water utility may enter into a written agreement with a sewer utility or other entity, including without limitation an entity responsible for trash collection, for the regular billing and collection of the bills of the sewer utility or other entity by the corr…

(a) The General Assembly finds that:(1) Oversight of providers in the state is primarily handled by the Arkansas Natural Resources Commission and the Department of Health;(2) The oversight of these providers is spread out and results in the inability of a single state entity to m…

(a) (1) For the purposes of this section, a provider is in fiscal distress if the provider:(A) Fails to obtain a rate study as required under this section;(B) Fails to implement a completed rate study required under this section; or(C) Has been found by the Arkansas Natural Resou…

(1) A provider shall:(1) Work with the Association of Arkansas Counties and the Arkansas Municipal League to develop training for leaders of the county or municipality;(2) Provide suitable compensation and incentives to encourage individuals to consider a career with the provider…

(a) (1) If a municipal provider is unable or unwilling to provide service to a nonresident property owner residing in the provider's service area, the Arkansas Natural Resources Commission may require the municipal provider to release the nonresident property owner to a willing p…

(a) Within one (1) year of election or appointment, a majority of the members of a provider board shall receive a minimum of eight (8) hours of provider training as promulgated by rule of the Arkansas Natural Resources Commission. (b) If a majority of the members of a provider bo…

The Arkansas Natural Resources Commission shall promulgate rules necessary to implement this subchapter.

(1) This subchapter does not apply to:(1) A water system regulated by the Arkansas Public Service Commission as a public utility under § 23-1-101;(2) A municipal utility system owned or operated by a municipality that provides electric service to retail customers in addition to w…

(1) As used in this subchapter, unless the context otherwise requires, the term “works” shall be construed to mean and include:(1) The structures and property as provided in § 14-235-203;(2) Storm water management;(3) The creation and operation of a storm water utility;(4) The cr…

This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes of it.

(a) The authority given in this subchapter shall be in addition to, and not in derogation of, any power existing in any municipality under any statutory or charter provisions which it may adopt. (b) For all purposes of this subchapter, all municipalities shall have jurisdiction f…

(a) Except as provided in § 14-235-203, this subchapter shall, without reference to any other statute, be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation, and repair of the works provided for in this subchapter and for the i…

(a) A municipality shall have authority to:(1) Acquire, by gift, grant, purchase, condemnation, or otherwise, all necessary lands, rights-of-way, and property within or without the corporate limits of the city or town; and(2) Issue revenue bonds to pay the cost of these works and…

(a) (1) (A) The construction, acquisition, improvement, equipment, custody, operation, and maintenance of any works for the collection, treatment, or disposal of sewage and the collection of revenue from it for the service rendered by it, shall be effected and supervised by a com…

(a) (1) (A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter.(B) Any contract relating to th…

(a) (1) The municipal council may, in its discretion, provide by ordinance that the custody, administration, operation, and maintenance of sewage system works shall be under the supervision and control of a sanitary board created as provided in this section.(2) (A) (i) A sanitary…

(a) The board shall have power to establish bylaws, rules, and regulations for its own government. (b) The board, in respect to all matters of custody, operation, administration, and maintenance of the works, shall have all the powers and perform all the duties provided in § 14-2…

(a) (1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improveme…

No property shall be acquired under this subchapter upon which any lien or other encumbrance exists unless at the time the property is acquired a sufficient sum of money be deposited in trust to pay and redeem the lien or encumbrance in full.

(a) (1) (A) Any municipality operating a sewage collection system or sewage disposal works as defined in this subchapter or which, as provided in this subchapter, has ordered the construction or acquisition of such works, in this section called the “owner”, is authorized to contr…

(1) Before any municipality shall construct or acquire any works under this subchapter, the municipal council shall enact ordinances which shall:(1) Set forth:(A) A brief and general description of the works proposed to be constructed or purchased; and(B) If the works are to be c…

(1) The cost of works under this subchapter shall be deemed to include:(1) The cost of acquisition or construction of them;(2) The cost of all property, rights, easements, and franchises deemed necessary or convenient for them and for the improvements determined upon as provided …

(a) (1) Nothing contained in this subchapter shall be so construed as to authorize or permit any municipality to make any contract or to incur any obligation of any kind or nature except such as shall be payable solely from the funds provided under the authority of this subchapte…

(a) (1) Revenue bonds issued under this subchapter shall bear interest at such rate or rates, payable annually or at shorter intervals, and shall mature at such time or times as may be determined by ordinance.(2) The bonds may be made redeemable before maturity, at the option of …

(a) The municipal council or sewer committee may provide by the ordinance authorizing the issuance of the bonds, or in the trust indenture executed in connection with it, that additional bonds may thereafter be authorized and issued, at one time or from time to time, under such l…

Nothing contained in this subchapter shall prevent the issuance of additional bonds, from time to time, if the bonds shall be authorized by law. However, all such additional bonds shall be subordinate to bonds issued pursuant to §§ 14-235-215 — 14-235-217 in respect to the applic…

(a) (1) In the discretion of the municipal council or sewer committee, bonds issued under this subchapter may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any domestic or nonresident trust company or bank having the powers …

(a) (1) Any holder of any bonds issued under this subchapter, or any of the coupons attached to them, and the trustee, if any, except to the extent the rights given in this subchapter may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, …

(a) (1) At or before the issuance of any bonds under this subchapter, the municipal council shall, by ordinance, create a sinking fund for the payment of the bonds and the interest on them and the payment of the charges of banks or trust companies for making payment of the bonds …

(a) (1) (A) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project, or to new construction, as distinguished from the purchase of works already constructed, or vice versa.(B) …

(a) (1) The council of the municipality shall have power, and it shall be its duty, by ordinance to establish and maintain just and equitable rates or charges for the use of and the service rendered by the works, to be paid by each user of the sewerage system of the municipality.…

(a) A municipality shall be subject to the same charges and rates established as provided in § 14-235-223, or to charges and rates established in harmony with them, for service rendered the municipality and shall pay the rates or charges when due from corporate funds. (b) The pay…

(a) Any city of the first class having a city manager form of government and divided by a state line shall have the authority to join in the purchase, construction, and operation of a sewage system with the adjoining city in another state for each of the municipalities, and to ex…

(a) As used in this section:(1) “Design-build” means a project delivery method in which the municipal sewage system acquires both design and construction services in the same contract from a single legal entity, referred to as the “design-builder”, through a two-step procurement …

(a) A municipality that owns or operates a sewage collection system or a sewage treatment plant under this subchapter shall provide services to any property owned by the county located within the boundaries of the municipality at the request of the county judge. (b) The county sh…

(a) (1) It is declared a misdemeanor for any person to:(A) Injure, damage, or destroy any public sewer; or(B) Fail or refuse to connect with or tap the sewers of a municipality within the time prescribed by an ordinance of the municipality.(2) (A) Any person so offending shall be…

(a) After the completion of any sewer or branch sewer authorized to be built under the provisions of this act, it shall be lawful for any municipality to which this act is applicable, whenever in its opinion the public health will be promoted by it, to order any one (1) or more p…

(a) (1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to …

(1) This act does not authorize a municipal board of health to order or compel the building of a sewer by one (1) property owner:(1) Over the property of another; or(2) (A) For a distance greater than three hundred feet (300′) from the point where the sewer exits a building on th…

(a) The city council shall regulate, by ordinance, the terms, time, and manner, and the compensation which shall be paid by the private parties not building sewers under orders of the municipal board of health under this act, upon compliance with which the parties may tap the sew…

This chapter shall be known and may be cited as the “Arkansas Sewage Disposal Systems Act.”

(a) The General Assembly finds and determines that:(1) Safe and adequate sewage disposal promotes the health and welfare of the citizens of this state by minimizing the exposure of the citizens, farm animals, domestic animals, fish, and wildlife of this state to human excreta and…

(1) As used in this chapter, unless the context otherwise requires:(1) “Community sewage system” means any system, whether publicly or privately owned, serving two (2) or more individual lots, for the collection and disposal of sewage or industrial wastes of a liquid nature, incl…

(a) (1) No individual sewage disposal system in existence on July 1, 1977, nor any individual sewage disposal system installed after July 1, 1977, in a subdivision, wherein individual lots have been developed or sold for use with individual sewage disposal systems, for which a pl…