GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2006-214
HOUSE BILL 2164
AN ACT TO Amend the authority of SANITARY DISTRICTS to require connections to water and sewer systems, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A-55 reads as rewritten:
"§ 130A-55. Corporate Powers.
A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the sanitary district. Notwithstanding any limitation in the petition under G.S. 130A-48, but subject to the provisions of G.S. 130A-55(17)e, each sanitary district may exercise all of the powers granted to sanitary districts by this Article. In addition, the sanitary district board shall have the following powers:
…
(16) To adopt rules for the promotion and protection of the public health and for these purposes to possess the following powers:
a. To
require any person owning, occupying or controlling improved real property
within the district to connect with either or both the water or sewage systems
of the district when the local health director, having jurisdiction over the
property, determines that the health of the people residing within the district
will be endangered by a failure to connect. To require the owners of
developed property on which there are situated one or more residential dwelling
units or commercial establishments located within the jurisdiction of the
district and within a reasonable distance of any waterline or sewer collection
line owned, leased as lessee, or operated by the district to connect the
property with the waterline, sewer connection line, or both and fix charges for
the connections. The power granted by this subdivision may be exercised by a
district only to the extent that the service, whether water, sewer, or a
combination thereof, to be provided by the district is not then being provided
to the improved property by any other political subdivision or by a public
utility regulated by the North Carolina Utilities Commission pursuant to
Chapter 62 of the General Statutes. In the case of improved property that would
qualify for the issuance of a building permit for the construction of one or
more residential dwelling units or commercial establishments and where the
district has installed water or sewer lines or a combination thereof directly
available to the property, the district may require payment of a periodic
availability charge, not to exceed the minimum periodic service charge for
properties that are connected.
…"
SECTION 2. This act becomes effective September 1, 2006.
In the General Assembly read three times and ratified this the 25th day of July, 2006.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 10:01 a.m. this 8th day of August, 2006