Title 34A — ENVIRONMENTAL PROTECTION

If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area m…

If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken. Source: SL 1947, ch 226 , § 10; …

If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against the sanitar…

The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of t…

Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic. Source: SL 1947, ch 226 , § 17; SDC Supp 1960, § 45.3817; SDCL § 34-17-14; SL 2011, ch 165 , § 88.

Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section. If a sanita…

34A-5-16 Number and terms of office of district trustees--Inspectors' certificate as to persons elected. 34A-5-17 Election on increase in number of trustees. 34A-5-18 Notice of election--Separate ballots. 34A-5-19 Election of additional trustees if increase approved--Terms of off…

There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall …

The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election. Source: SL 1975, ch 220 , § 1; SDCL Supp, § 34-17-16.1.

The board of trustees shall give notice pursuant to § 6-16-4 of the election provided for in §

If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three - year term and one additional trustee for a two - year term at the next regular election and the trustees shall be certified in t…

No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district. Source: SL 1947, ch 226 , § 3; SDC Supp 1960, § 45.3803; S…

Each sanitary district shall annually elect officers on any Tuesday in the month following the anniversary date of the first election. The board of trustees shall designate a location in the district where the election shall be held. If one or more of the corporate bodies making …

Any trustee to be elected at the initial election shall be nominated by any person in attendance at the meeting at which the organizational election is held. Any trustee to be elected at a subsequent election shall be nominated by filing with the district clerk, not more than for…

If a vacancy occurs on a sanitary district board of trustees, the remaining members shall appoint a replacement to serve the remainder of such term. Source: SL 1984, ch 245 ; SL 1990, ch 284 , § 3.

To serve as a trustee of a sanitary district that has one hundred or more residents, the person shall be a resident of the sanitary district. To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district o…

The board of trustees shall publish a notice in the official newspaper of the sanitary district setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may b…

The members of the board of trustees shall organize by electing one of the members to serve as president. The president shall preside over all meetings of the board and shall call all special meetings of the board if the president or a majority of the board deems such a meeting n…

Each sanitary district board of trustees shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigation…

The board of trustees shall adopt policies and regulations for the conduct of its business and shall fix a stated time at which the regular meetings of the board shall be held. A majority of the board of trustees constitutes a quorum but a smaller number may adjourn from day to d…

The board of trustees shall establish an office within the sanitary district and shall maintain a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, and regulations. Source: SL 1947, ch 226 , § 16; SDC Supp 1960, § 45.3816; …

The board of trustees shall have the following powers: (1) To appoint a treasurer and a clerk, an engineer and attorney for such sanitary district and fix their compensation. Such officers shall hold their respective offices during the pleasure of said board, and shall give bond …

34A-5-27 Employment of personnel for district--Professional assistance. 34A-5-28 Trustees and employees not to be interested in district transactions. 34A-5-28.1 Trustee permitted to contract with district under certain conditions. 34A-5-29 Ordinances, resolutions, orders and reg…

The board of trustees may employ and prescribe the duties and fix the compensation of all necessary officers and employees of the sanitary district, and may employ such additional engineering, legal, financial, and other professional assistance as the board deems necessary. Sourc…

No trustee or employee of a sanitary district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other…

Notwithstanding any other provisions of law, a member of the board of trustees of a sanitary district may contract with the district for which the member serves, if the consideration consists of three thousand dollars or less per year and if the consideration for such supplies or…

The board of trustees may pass and implement all necessary ordinances, resolutions, orders, and regulations for the proper management and conduct of the business of the sanitary district. Source: SL 1947, ch 226 , § 15; SL 1953, ch 268 ; SDC Supp 1960, § 45.3815 (6); SL 1964, ch …

If the board of trustees of a sanitary district has entered into any contract with any municipality for the purpose of using its facilities for the treatment and disposal of sewage, the sanitary district may, by ordinance, adopt by reference, in whole or in part, the ordinances o…

The board of trustees may elect to waive the requirement that a new ordinance or resolution be published by providing written notice of the passage of such ordinance or resolution to each resident within the boundaries of the sanitary district. The written notice may be accomplis…

Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be included in the sanitary district, showing the boundaries and area of the district. The accuracy of the map shall be verified by …

The board of trustees may construct and operate storm and sanitary sewers and sewage disposal plants, borrow money, levy taxes and special assessments, and issue bonds. Notwithstanding the provisions of § 34A-5-26 , the board of trustees may borrow money for purposes described in…

All proceedings for the construction and operation of sewer and sewage disposal plants and solid waste disposal plants and systems and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters…

If a sanitary district commences a condemnation action and files a declaration of taking and obtains an order of possession as provided in chapter 31-19 , and later abandons the action when the property is no longer necessary for public purposes or the use of which the property w…

The board of trustees of a sanitary district may sell and convey real property held by a sanitary district, the title to which has been obtained from any source, and which is not required for public purposes and has been or is about to be abandoned for public purposes. The sale a…

The board of trustees may enter into contracts with any municipality for the purpose of using the facilities of the municipality for the treatment and disposal of sewage of the district or making the facilities of the district available to the municipality. Source: SL 1947, ch 22…

The board of trustees may require by ordinance or resolution that all dwellings or structures within the district, or within a defined area, shall be connected with the sewers of the district. They may also require minimum sanitary facilities, immediately or within a specified pe…

The board of trustees may: (1) Fix reasonable rates and charges for services furnished and made available by the district to users of its facilities; (2) Provide for the collection of the charges; (3) Pledge the net revenues derived from the charges to the payment of bonds made p…

If revenue bonds are issued in accordance with the provisions of chapter 9-40 , the sanitary district shall, until all such bonds and interest on the bonds are fully paid, fix such rates and charges and revise them from time to time in such manner that the collections of the char…

If bonds are issued in lieu of special assessment certificates in accordance with the provisions of chapter 9-43 , the sanitary district board of trustees may provide that rates and charges shall be fixed and from time to time revised to produce net revenues at all times sufficie…

If a sanitary district has been established in accordance with the procedures provided in this chapter, no further proceedings are required under the provisions of §§ 9-48-26 to 9-48-31 , inclusive, and funds derived from the district's sewer rates and charges are not subject to …

34A-5-5 Survey, map, and census made available for public examination. 34A-5-6 Application for incorporation of district--Number of signatures required--Filing. 34A-5-7 Commissioners' order to incorporate district upon assent of electors--Name of district. 34A-5-8 34A-5-8 to 34A-…

The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for sewer service rendered or made available to any land within the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of th…

The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and…

On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election in the district or upon its own m…

At the time of the hearing, or of any adjournment of the hearing, the trustees shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment, as it may deem proper. However, no amendment may be made affecting any property not des…

Upon failure of the board of trustees to grant the request contained in the petition of the voters, the petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners, or within ninety days after the f…

If the limits of any district are changed by resolution or by decree of court, the president of the board of trustees shall cause an accurate map of the territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office of the register of de…

A municipality and a sanitary district, or any group of two or more such public corporations may form a consolidated sanitary district, comprising their combined area in a manner set forth in this section and §§ 34A-5-47 to 34A-5-51 , inclusive. The governing body of each of the …

The governing body of each of the corporations described in § 34A-5-46 shall by resolution submit the question of consolidation to the voters of such corporation at a special election called for the purpose or at the next regular election. The proposition shall be submitted to th…

If the voters of each corporation approve the formation of the consolidated sanitary district by a majority of their votes cast on the consolidation question, the governing body of each corporation shall so declare by resolution. Each governing body shall cause a certified copy o…