Delaware Code (Titles 8, 9, 25, 30)

9 Del. C. § 4612

Powers of the county government

Official textdelcode.delaware.gov10 subsections

In addition to other powers which it has in reference to a district or extension thereof, the county government may:

# (1)

Plan, construct, reconstruct, improve, better or extend a sewage system or systems, acquire by gift, purchase, lease or the exercise of the right to eminent domain, a sewage system or lands or rights in land in connection therewith; on behalf of a district, acquire by purchase or lease any sewage collection, treatment or disposal facilities owned, maintained or operated by any municipal, public or district corporation, or special district, and such agencies shall have the power to sell or lease such facilities to a county sewer district, notwithstanding that such sewage facilities have already been devoted to and are held for public use; and may, instead of making any cash payment agreed or required to be made to the municipal, public or district corporation or special district, as compensation for such sewage facilities, agree to pay the principal of and interest on outstanding bonds issued by or on behalf of such municipal, public or district corporation or special district, of a principal amount not exceeding any lump sum amount agreed upon as consideration for such purchase or lease, as such principal and interest shall become due and payable;

# (2)

Operate and maintain a sewage system or systems, and furnish the services and facilities rendered or afforded thereby;

# (3)

Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, district or agency of the state or federal government for the provision and operation by the county sewer district of a sewage system to abate or reduce the pollution of waters caused by discharges of sewage and industrial wastes by such industrial establishment, municipality, district or agency of the state or federal government; and such contract may provide for the payment periodically by the industrial establishment, municipality, district or agency of the state or federal government to the county sewer district of amounts to compensate the county sewer districts for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewage system or part thereof serving such industrial establishments, municipality, district or agency of the state or federal government;

# (4)

After appropriate notice, require a municipality, public or district corporation or special district which maintains or operates any sewage collection treatment or disposal facilities within the area of a county sewage disposal district, established pursuant to the provisions of this chapter, to connect to and utilize the sewage system and facilities of such county sewage disposal district in order to abate or reduce the pollution of waters caused by discharges of sewage and industrial waste;

# (5)

Accept from any authorized agency of the state or federal government, or from persons, firms or corporations, loans, grants or contribution for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of any sewage system and enter into agreements respecting such loans, grants and contributions;

# (6)

Accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state government or from interstate agencies established by law to accomplish the purposes of this chapter, and may pay the interest and amortization of such loans;

# (7)

Enter into and perform contracts with any person for the sale of effluent products;

# (8)

After a public hearing called and held in a manner provided in § 4604 of this title, adopt, amend, and repeal from time to time ordinances, resolutions, and rules and regulations for the operation of a county sewer district and the use of the sewerage system therein, including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances associated therewith; and

# (9)

Impose a fine of not less than $500 or more than $10,000 for a violation of any ordinance, resolution or rule or regulation, so adopted by the county government relating to operation of a county sewer district and the use of the sewerage system therein, including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances associated therewith.

Amendment history

56 Del. Laws, c. 103, § 13; 68 Del. Laws, c. 370, § 1; 74 Del. Laws, c. 341, §§ 1, 2

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In this title (40 sections)

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