South Dakota Codified Laws
Chapter 48 - Sewer Systems
Section 9-48-2 - Authority to establish, construct, and maintain sewer systems--Separate fund.

9-48-2. Authority to establish, construct, and maintain sewer systems--Separate fund.
Each municipality may:
(1)Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits;
(2)Appropriate funds and levy taxes to accumulate funds for the purposes identified in this section;
(3)Establish sewer districts as provided by this title;
(4)Acquire any sewer, drain, or system of sewerage and drainage already established and constructed; and
(5)Acquire land within or without the municipality for a septic or sewage treatment plant or outlet to any main sewer and may assess the cost of the land and the cost of any necessary extension or connection of the main sewer to all the property within the sewer district benefited as provided by this title.
The proceeds of any taxes levied for the accumulation of funds under this section shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19.

Source: SL 1890, ch 37, art XX, §2; RPolC 1903, §1229, subdiv 13; SL 1909, ch 110, §13; SL 1913, ch 119, §53, subdiv 82; RC 1919, §§6169 (14), 6380; SDC 1939, §45.0201 (84); SL 1974, ch 82; SL 1978, ch 68, §2; SL 1982, ch 82, §2; SL 2007, ch 43, §1; SL 2016, ch 53, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 48 - Sewer Systems

Section 9-48-1 - Classification of sewers.

Section 9-48-2 - Authority to establish, construct, and maintain sewer systems--Separate fund.

Section 9-48-3 - Real property in adjoining state.

Section 9-48-4 - Sewer pipes on private property--Discharge of sewage into stream.

Section 9-48-5 - Acquisition of sewer mains in newly annexed area.

Section 9-48-6 - General obligation bonds for financing of sewers.

Section 9-48-7 - Connections from sewers to lot line.

Section 9-48-15 - Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.

Section 9-48-16 - Municipal purchase of private sewers.

Section 9-48-17 - Plans, specifications and cost estimate filed before purchase of sewer--Resolution.

Section 9-48-18 - Property owners' protest against purchase of private sewer.

Section 9-48-20 - Minimum distance between sewer connections.

Section 9-48-26 - Sewer utility charges established by ordinance, resolution, or with voters' approval.

Section 9-48-27 - Factors considered in establishing sewer charges--Collection with water rentals.

Section 9-48-28 - Metering of water supply to determine sewer charges--Consideration of water consumed without return to sewer system.

Section 9-48-29 - Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of fund.

Section 9-48-30 - Special contract powers unimpaired.

Section 9-48-31 - Revenue bond authority unimpaired by provisions as to sewer charges and rentals.

Section 9-48-32 - Special contract for disposing of private sewage or industrial waste through municipal sewage treatment plant.

Section 9-48-32.1 - Sewer utility rates and charges for recovery of capital costs--Intergovernmental cooperation.

Section 9-48-53 - Connection of plumbing fixtures to public water sewer system--Purchase or lease of preexisting private sewers--Exemption of first class municipalities.