dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 2 (SANITARY DISTRICTS)
§ 21-140.2. Additional validation of proceedings.
All proceedings heretofore taken and all elections heretofore held in sanitary districts of whatsoever kind in the Commonwealth of Virginia, whether under general law or special act, to provide for, and with respect to, the contracting of bonded indebtedness and the authorization, issuance, sale, execution and delivery of bonds by or on behalf of all such sanitary districts, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power of the governing body of the county in which any such district is located to authorize and issue such bonds, or to authorize the execution, sale or delivery thereof, and notwithstanding any defects or irregularities in any such proceedings or elections, or in such execution, sale or delivery; and such bonds so issued or to be issued are and shall be binding, legal, valid and enforceable obligations of any such sanitary districts, notwithstanding any statutory limitation on the amount thereof.

1960, c. 562; 1962, c. 26; 1964, c. 243; 1968, c. 62; 1970, c. 441.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 2 (SANITARY DISTRICTS)
§ 21-140.3. Validation of certain bonds.
All bonds heretofore issued by any sanitary district for any or all of the purposes specified in Article 1 (§ 21-112.22 et seq.) of Chapter 2 of Title 21 are hereby declared to be valid and legally binding obligations of such sanitary district, notwithstanding any limitations contained in any general law or special act pursuant to which such sanitary district was created and notwithstanding any limitations contained in the proceedings taken for the creation thereof.

1964, c. 165.
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, § 1560hh.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 district or proposed sanitation district on a question, shall designate the question and a date for holding such election not less than thirty days from the date of such order, and may be directed as writs of election are directed for an election district, or to fill a vacancy in the General Assembly or in Congress. It shall be the duty of the regular election officers of the counties and cities in whole or in part embraced within the district or proposed sanitation district to cause to be printed and distributed in the manner prescribed by law for printing and distributing other ballots the proper number of ballots which shall be separate from any other ballots. The ballots shall set forth the question designated in such order and shall be in substantially the following form:

(Here shall appear the question designated in the order)

[ ] YES

[ ] NO

To vote "Yes" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "Yes"; to vote "No" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "No."

The regular election officers, at the time designated in such order, shall open the polls at the various voting places in the district or proposed sanitation district and at any other voting places at which any qualified voter of the district or proposed sanitation district is entitled to vote, and shall conduct such election and close the polls in such manner as is provided by law in other elections. The ballots shall be counted, and returns made and canvassed and the results ascertained and made known as in other elections, and the results certified by the commissioners of election to the Secretary of the Commonwealth, all in such manner as to show the respective numbers of affirmative and negative votes cast at the election. The Secretary of the Commonwealth shall record and tabulate the reports of the commissioners of election and shall certify the result of the election to the court which made the order authorizing and requiring such election.

1938, p. 528; Michie Code 1942, § 1560fff.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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, make any order, hold any hearing, hear, consider and determine any question or do any other act or thing, such court, or a judge thereof in vacation, may do and perform the same.

1938, p. 529; Michie Code 1942, § 1560ggg.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 within any other sanitation district may, under the conditions and upon the taking and completion of the proceedings provided in this article, be created a sanitation district. Every part of the boundary of such a sanitation district shall either (1) coincide with the boundary of a county, city or town or (2) bisect a county, city or town, or (3) be located within one mile of the boundary of a county, city or town, or (4) consist of a straight line connecting two points each of which lies upon a boundary of one of the three types hereinabove described.

1938, p. 511; Michie Code 1942, § 1560jj.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 and naming the counties, cities and towns which in whole or in part are to be embraced therein, the circuit court of any such county, or of any county in which any such town is situated, or the corporation court of any such city shall make an order filing such petition and fixing a day for a hearing by such court on such petition and the question of the creation of the proposed sanitation district. Such order shall direct notice of such hearing to be given by publication three times in some newspaper or newspapers having general circulation in the proposed sanitation district, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing. Such notice shall set forth the petition as filed, but need not set forth the signatures or exhibits thereto, and shall state the time and place of hearing and that at such hearing all persons desiring to controvert the allegations of such petition or question the conformity thereof to this article will be heard and all objections to the creation of the proposed sanitation district considered.

1938, p. 511; Michie Code 1942, § 1560jj; 2023, cc. 506, 507; 2024, cc. 225, 242.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 include the words "sanitation district"), shall fix the boundaries thereof, shall name the cities and counties and towns which are in whole or in part to be embraced therein and shall contain an allegation (1) that the proposed sanitation district includes within its territorial limits waters affected by the ebb and flow of the tide which are polluted, (2) that no part of the proposed sanitation district is within the territorial limits of an existing sanitation district, (3) that the proposed sanitation district is an integral whole and does not completely surround any territory not included in the proposed or some existing sanitation district, (4) that the creation of the proposed sanitation district in accordance with this chapter will provide a means for abating or preventing the pollution of tidal waters of the proposed sanitation district and will benefit all the property within the proposed sanitation district, (5) that the creation of the proposed sanitation district has been approved by the State Health Commissioner as providing a practical means for abating or preventing the pollution of the tidal waters of the proposed sanitation district, and (6) that the petition has been approved and the prayer thereof joined in by each city, county and town which is in whole or in part embraced within the proposed sanitation district, expressed by resolution adopted by the vote of a majority of the governing body thereof.

1938, p. 512; Michie Code 1942, § 1560jj.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 of each city and county and town in whole or in part embraced within the proposed sanitation district.

1938, p. 512; Michie Code 1942, § 1560jj.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 the petition or question the conformity thereof to this article or object to the creation of the proposed sanitation district shall be heard. If upon such hearing the court shall not be satisfied that the allegations of the petition are sustained and that the petition conforms to the provisions of this article, it shall make an order denying and dismissing the petition. If upon such hearing the court shall be satisfied that the allegations of the petition are sustained and that the petition conforms to the provisions of this article and that all of the property in the proposed sanitation district will be benefited by the creation of the proposed sanitation district and that the public interest will be served and the public health protected by such creation, it shall make an order determining such matters and requiring the opening of a poll and the taking of the sense of the qualified voters of the proposed sanitation district in accordance with § 21-143 on the question of the creation of the proposed sanitation district. The question so submitted shall be "Do you favor the creation of the...... (inserting name of the proposed sanitation district stated in the said petition)?"

1938, p. 512; Michie Code 1942, § 1560jj.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 majority of the qualified voters of the proposed sanitation district voting at the election shall have voted "yes" and in favor of the creation of the proposed sanitation district, the court shall make and enter of record an order stating such result, and thereupon the territory defined in the petition, less such parts thereof as shall be excluded pursuant to the provisions of § 21-151, shall be and constitute a sanitation district for all the purposes of this article, known and designated by the name stated in the petition.

1938, p. 513; Michie Code 1942, § 1560jj.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 of any county or of any city or of any town voting on the question at the election, shall have voted "no" against the creation of the proposed sanitation district, then the territory included within the limits of such county or of such city, or of such town, shall be excluded from, and shall not constitute a part of the district.

1938, p. 513; Michie Code 1942, § 1560jj.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 preventing the pollution of the tidal waters of the proposed sanitation district, to approve, as above referred to, the creation of the proposed sanitation district.

1938, p. 513; Michie Code 1942, § 1560jj.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 in the prayer of petitions for the creation of a proposed sanitation district.

1938, p. 513; Michie Code 1942, § 1560jj.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 territory as the same has been or may be established and from time to time altered pursuant to a law, is hereby created as a body corporate and politic under the name and style of, and to be known by, the name of the district with the word "commission" appended.

1938, p. 513; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 shall constitute a political subdivision of the Commonwealth established as a governmental instrumentality to provide for the public health and welfare.

1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 the interest on the bonds shall take the same status under tax laws as the interest on bonds of other political subdivisions of the Commonwealth.

1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 to exercise all of the rights, powers and authority and perform all of the duties conferred or imposed upon the corporation. Except as a special act creating the district shall otherwise provide, such board or commission shall consist of five members, residents of the district, appointed by the Governor. Except as a special act creating the district shall otherwise provide, in making the original appointments, one of the members shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years each; subsequent appointments shall be made for a term of four years, except appointments to fill vacancies which shall be for the unexpired terms.

1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 528.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 eligible for reelection. Such commission under such rules as it may adopt, may elect one of its members vice-chairman, and may appoint a secretary, who need not be a member of the commission, and a treasurer or secretary-treasurer, who shall not be a member of the commission. In the event that the commission appoints a treasurer or secretary-treasurer, his compensation shall be fixed by the commission.

1938, p. 514; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 528.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 the commission or while otherwise engaged in the discharge of their duties under this chapter, and the sum of $10 per diem for each day or portion thereof in which they are engaged in the performance of such duties, but the total of such per diem compensation so received by any member during any one year shall not exceed $300.

1938, p. 514; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 528.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 time prescribe. Special meetings of the commission shall be held upon one day's mailed notice, or actual notice otherwise given, to each member of the commission upon call of the chairman or of any two members of the commission, at such time and at such place within the district as such notice may specify, or at such other time and place with or without notice as all of the members of the commission may expressly approve.

1938, p. 514; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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.

1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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, § 1560kk; 1944, p. 73; 1946, p. 529.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 by Article II, Section 7 of the Constitution of Virginia and shall be bonded in accordance with § 2.2-1840, conditioned upon the faithful discharge of his duties.

1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529; 2021, Sp. Sess. I, c. 152.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 21-164. Repealed.
Repealed by Acts 1970, c. 463.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 commission shall advertise for bids for the work or materials at least ten days prior to the letting of any contracts therefor. The advertisement shall state the place where bidders may examine the plans and specifications and the time and place where bids for the work or materials will be opened. Each bidder shall accompany his bid with a certified check, payable to the commission, for a reasonable sum to be fixed by the commission, as a guarantee that if the contract is awarded to him, he will enter into a contract with the commission for doing the work or furnishing the materials. The contract shall be let to the lowest responsible bidder, and the successful bidder shall give bond or other security for the faithful performance of the contract, in such form and amount as the chairman may require. The commission is authorized to reject any and all bids. In the event that all bids are rejected, the commission shall advertise for new bids as in the first instance. All bids and contracts shall be public records. The commission is authorized, in its discretion, to do any and all such work by force account.

1938, p. 515; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 529.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 conditions and provisions and in accordance with the same procedure as in the case of the exercise of similar powers by the governing bodies of counties and cities or towns so far as they can be applied to the same.

1938, p. 515; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 530.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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, agreement, contract, tort, malfeasance, misfeasance, or nonfeasance, by or on the part of the commission of such district, or any member of such commission, or its agents, servants and employees, except as otherwise provided in this chapter with reference to contracts and agreements between the commission and any county, city or town.

1938, p. 515; 1942, p. 602; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 530.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 and be sued;

(3) In the name of the commission and on its behalf, to acquire, hold and dispose of its fees, rents and charges and other revenues;

(4) In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire, hold, and dispose of other personal property for the purposes of the commission;

(5) In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire by purchase, gift, condemnation or otherwise, real property or rights or easements therein, necessary or convenient for the purposes of the commission, subject to mortgages, deeds of trust, or other liens or otherwise, and to hold and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the commission;

(6) To borrow money for the purposes of the commission and to issue therefor its bonds, and to provide for and secure the payment of its bonds and the rights of the holders thereof, and to fund or refund its bonds by the issuance of bonds hereunder;

(7) To accept gifts or grants or real or personal property, money, material, labor or supplies for the purposes of the commission and to make and perform such agreements and contracts as may be necessary or convenient in connection with the procuring or acceptance of such gifts or grants;

(8) To enter on any lands, waters and premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the commission;

(9) To make and enforce rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of its facilities and properties, and to amend the same;

(10) To do and perform any acts and things authorized by this chapter under, through or by means of its own officers, agents and employees, or by contracts with any persons;

(11) To execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out the powers expressly given in this chapter; and

(12) To sell, lease as lessor, transfer, or dispose of all or any part of its property and facilities in such a manner and upon such terms as the commission may determine to be in the best interest of the district.

1938, p. 515; Michie Code 1942, § 1560ll; 1991, c. 549.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 the public health and the natural oyster beds, rocks and shoals.

1938, p. 516; Michie Code 1942, § 1560mm.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 part embraced within the district, by purchase, gift, condemnation or otherwise, and, notwithstanding the provisions of any charter, or ordinance or resolution of any county, city or town to the contrary, to construct, maintain, operate and use such trunk, intercepting and outlet sewers, conduits, pipelines, pumping and ventilating stations, treatment plants or works at such places, and such other plants, structures, boats and conveyances, as in the judgment of the commission will provide an effective and satisfactory method for promoting the purposes of the commission.

1938, p. 516; Michie Code 1942, § 1560mm.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 any and all public sewage systems within the district all sewage and treat and dispose of the same in such manner as to promote the purposes of the commission.

1938, p. 517; Michie Code 1942, § 1560mm.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 existing public drains, sewers, conduits, pipelines, pumping and ventilating stations and treatment plants or works or any other public property of a similar nature within the district, deemed proper by the commission in the exercise of the powers and performance of the duties set forth in this chapter, and, if deemed necessary by the commission, close off and seal outlets and outfalls therefrom. The commission shall not, however, take possession of any such treatment plant unless it acquires the same by purchase, condemnation or otherwise.

1938, p. 523; Michie Code 1942, § 1560ss.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 sewers, conduits and pipelines, along, over, under and in any streets, alleys, highways and other public places within the district. In so constructing its facilities, it shall see that the public use of such streets, alleys, highways and other public places is not unnecessarily interrupted or interfered with and that such streets, alleys, highways and other public places are restored to their former usefulness and condition within a reasonable time; to this end the commission shall cooperate with the Commonwealth Transportation Board and the appropriate officers of the respective counties, cities and towns having an interest in such matters.

1938, p. 523; Michie Code 1942, § 1560tt.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 terms and conditions as the commission may approve, providing for or relating to the treatment and disposal of sewage or industrial wastes of or originating in or on any reservation, property, institution, building, or structure within the district owned or under the control of the United States of America, or any department, institution or agency thereof, by means of the sewage disposal system or such other facilities as the commission may determine to provide for such purpose, or in such other manner as the contract may provide.

(b) Every commission is authorized to provide, construct, operate and maintain facilities for the treatment and disposal of industrial wastes originating in the district, and to enter into contracts with any person, on such terms and conditions as the commission may approve, providing for or relating to the treatment and disposal of any such industrial wastes.

(c) Every commission is authorized to enter into contracts with any person owning or operating any sewer system within the district or engaged in treatment or disposal of sewage or industrial wastes originating in the district, on such terms and conditions as the commission may approve, providing for or relating to the treatment and disposal of any sewage or industrial wastes collected in such sewer system or by such person.

1938, p. 524; Michie Code 1942, § 1560yy.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 the tidal waters of the district, and any substantial change in such method, shall, before being finally adopted or used by the commission, be approved by the State Health Commissioner as effective and satisfactory for the purpose intended.

1938, p. 523; Michie Code 1942, § 1560uu.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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, pledge, encumber or otherwise dispose of any part of the sewage disposal system of a commission, except such part or parts thereof as may be no longer necessary for the purposes of the commission, whether the same shall originally have been acquired by such commission or by one of the counties, cities or towns. The provisions of this section shall be deemed to constitute a contract with the holders of the bonds of the commission. The sewage disposal system of a commission shall be exempt from any and all liability which may be incurred by, or imposed upon, the commission, or any county, city or town, which, in whole or in part, constitutes any part of any district.

However, a commission may sell, lease as lessor, transfer, or dispose of all or any of its property and facilities in such a manner and upon such terms as the commission may determine to be in the best interest of the district, on the condition that the commission meet and discharge all of the requirements of the bonds issued by the commission, together with all principal, interest, costs and expenses.

1938, p. 523; Michie Code 1942, § 1560vv; 1991, c. 549.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 or remuneration, assign their positions and titles, define their respective powers and duties, and require them or any of them to give bond payable to the Commonwealth in such penalty as shall be fixed by the commission conditioned upon the faithful discharge of their duties. Any salary or remuneration payable to any agent or employee in excess of $1,200 per annum shall first be approved by the Governor.

1938, p. 523; Michie Code 1942, § 1560rr; 1946, p. 530.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 charges charged by the commission or from any contract of the commission or from any other source shall be collected, received, held, secured and disbursed in accordance with any contract of the commission relating thereto. The following provisions of this section shall be applicable to any such moneys only if and to the extent that they are consistent with such contract or contracts of the commission.

(b) Such moneys shall not be required to be paid into the state treasury or into the treasury or to any officer of any county, city or town.

(c) All such moneys shall be deposited by the commission in a separate bank account or accounts, appropriately designated, in such banks or trust companies as may be designated by the commission.

(d) All deposits of such moneys shall be secured by bonds or other direct unlimited obligations of the United States or of the Commonwealth or of any county, city or town of the Commonwealth or of the commission of a market value at least equal at all times to the amount of such deposits, and all banks and trust companies are authorized to give such security for such deposits.

1938, p. 524; Michie Code 1942, § 1560ww.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 business and operations and of all property and funds owned or managed by it or under its control, and shall prepare and transmit to the Governor and to the governing body of each city, county and town which is in whole or in part embraced within the district, annually and at such other times as the Governor shall require, complete and accurate reports as to the state and content of such accounts and records, together with such information with respect thereto as the Governor may require.

1938, p. 524; 1940, p. 624; Michie Code 1942, § 1560xx.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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, rents and charges may be charged to and collected from any person contracting for the same or from the owner or lessee or tenant, or some or all of them, who uses or occupies any real estate which directly or indirectly is or has been connected with the sewage disposal system, or from or on which originates or has originated sewage or industrial wastes, or either, which directly or indirectly have entered or will enter the sewage disposal system, and the owner or lessee or tenant of any such real estate shall pay such fees, rents and charges to the commission at the time when and place where such fees, rents and charges are due and payable.

1938, p. 517; 1940, p. 622; Michie Code 1942, § 1560nn.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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, be uniform throughout the district for the same type, class and amount of use or service of the sewage disposal system, and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowance for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate, or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or on any other factors determining the type, class and amount of use or service of the sewage disposal system, or on any combination of such factors.

1938, p. 517; 1940, p. 622; Michie Code 1942, § 1560nn.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 terms of any contract of the commission with the holders of bonds of the commission made pursuant to §§ 21-192 and 21-194 and in any event shall be such that the revenues of the commission will at all times be adequate to pay all expenses of operation and maintenance of the sewage disposal system of the commission, necessary to preserve the system and to assure its operation as a going concern, including reserves, insurance, extensions, and replacements, and to pay punctually the principal of and interest on any bonds or other indebtedness of the commission and to maintain adequate reserves or sinking funds therefor. The schedule shall be so prescribed and from time to time revised by the commission after public hearing which shall be held by the commission upon such public notice as the commission may determine to be reasonable.

1938, p. 517; 1940, p. 622; Michie Code 1942, § 1560nn.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 due and payable and may require that such fees, rents and charges shall be paid in advance for periods of not more than six months.

A copy of the schedules of all fees, rents and charges in effect shall at all times be kept on file at the principal office of the commission, and such schedules shall at all reasonable times be open to public inspection.

1938, p. 518; 1940, p. 622; Michie Code 1942, § 1560nn.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 in connection with any real estate shall not be paid as and when due, then and at that time interest shall begin to accrue thereon at the rate of one per centum per month and the owner, lessee or tenant, as the case may be of such real estate shall, until such fees, rents and charges shall be paid with such interest to the date of payment, cease to dispose of sewage or industrial waste originating from or on such real estate by discharge thereof directly or indirectly into the sewage disposal system, and if such owner, lessee or tenant shall not cease such disposal within two months thereafter, it shall be the duty of each county, city, town and other public corporation, board or body supplying water to or selling water for use on, such real estate, within five days after receipt of notice of such facts from the commission, to cease supplying water to, and selling water for use on, such real estate. If such county, city, town or other public corporation, board or body shall not within such time cease supplying water to, and selling water for use on, such real estate, the commission may shut off the supply of water to such real estate and for such purpose, may enter on any lands, waters and premises of such county, city, town or other public corporation, board, or body, or of any person. The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in such county, city or town.

1938, p. 518; 1940, p. 623; Michie Code 1942, § 1560nn.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 charged by the commission to the owners or lessees or tenants of any real estate for the use and services of the sewage disposal system and have become due and payable and have not been paid. Such register or registers shall be kept in such place or places as the commission shall determine.

1938, p. 518; 1940, p. 623; Michie Code 1942, § 1560nn.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 3 (Sanitation Districts Law of 1938 — Tidal Waters)
§ 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 appeal may be taken upon the petition of any county or city constituting a part of the district, or upon petition of any 50 persons, resident or doing business in the district, to the State Corporation Commission. At least 60 days prior to filing such petition with the State Corporation Commission, such county, city or interested parties shall notify the sanitation commission of such intended petition and of the fees, rents and charges complained of, in order that the sanitation commission may be afforded an opportunity to make such changes in such fees, rents and charges as it shall deem proper. After such petition shall have been filed with the State Corporation Commission and after such county or city or other petitioners shall have, if required by the State Corporation Commission, executed and filed with the State Corporation Commission a bond payable to the Commonwealth and sufficient in amount, but not in excess of $5,000, and security to insure the prompt payment of all costs which may be assessed against such county or city or other petitioners, and after such county or city or other petitioners shall have caused to be published in at least one newspaper, designated by the commission and of general circulation within the district, such notice of such appeal as shall be prescribed by the State Corporation Commission, the State Corporation Commission is authorized to make such examinations and studies, to hold such hearings as may be required, to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before the State Corporation Commission or any officer or agent thereof, to administer oaths and to take testimony thereunder, and to fix in accordance with the provisions of this chapter applicable to the sanitation commission, subject to the right of further appeal by the sanitation commission or the interested parties to the Supreme Court, such fees, rents and charges. In each such appeal proceeding the State Corporation Commission shall ascertain the costs incurred by it, including in such costs actual expenses incurred and a fair apportionment of overhead expenses, and shall assess the same against either the petitioner or petitioners, or the sanitation commission, or shall apportion the costs between the petitioner or petitioners and the sanitation commission, according to principles applicable in courts of equity.

1940, p. 623; Michie Code 1942, § 1560nn; 2010, c. 343.