TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 49

REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS

31-4906.  Powers of the board of directors. A district board shall have and may exercise the following powers and duties:

(1)  To sue and be sued;

(2)  To develop and administer a system for the regional disposal of solid waste, domestic septage and/or resource recovery within the district;

(3)  To authorize any action by motion, resolution, or other official action;

(4)  To administer and enforce all solid waste or domestic septage regulations and standards of the district;

(5)  To determine the location of its main office and branch offices, if any;

(6)  To acquire, hold title to, lease, mortgage or encumber, dispose of, and pledge real and personal property and to acquire, construct, or lease buildings, structures, and solid waste or domestic septage disposal and resource recovery sites and equipment as may be deemed necessary to fulfill its duties, and to have and exercise the power of eminent domain therefor;

(7)  To sell, convey, lease or dispose of any property, real or personal, with or without competitive bid, upon such terms and conditions and for such consideration as the district board deems appropriate;

(8)  To acquire, construct, operate, and maintain any facilities within the district, and to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities, the state and any of its agencies or instrumentalities, any corporation or person, public or private, any municipality, and any political or governmental subdivision, within or without the state, and to cooperate with any one (1) or more of them in acquiring, constructing, operating, or maintaining a system or facilities within the district;

(9)  To acquire, maintain, and operate, as an incident to solid waste disposal or domestic septage, electrical cogeneration facilities, to sell electricity to any person or entity, and to enter into contracts therefor;

(10) To receive moneys and property from participating counties and to receive gifts, grants, and donations from any person or entity, to expend the same for the purposes of the district, to pledge the same for the payment of any indebtedness, to deposit moneys in accordance with the public depository laws of the state, and to invest moneys of the district in investments permitted under sections 67-1210 and 67-1210A, Idaho Code;

(11) To borrow money and incur indebtedness, and to evidence the same by notes, warrants, bonds, or other evidence of indebtedness;

(12) To have the management, control, and supervision of all the business and affairs of the district;

(13) To hire an administrator and provide for the compensation of other employees of the district, and to retain agents, engineers and consultants;

(14) To retain or employ regular legal counsel, and to retain such special legal counsel as may be deemed necessary;

(15) To fix and to increase or decrease rates, fees, tolls, or charges for the use or availability of the facilities of the district;

(16) To adopt rules, regulations, and standards, consistent with state and federal laws and regulations, for the use of the district’s system and facilities;

(17) To maintain civil actions for the abatement of any violation of any of the district’s rules, regulations, or standards;

(18) To insure its property and to enter into contracts for insurance, including, but not limited to, liability insurance;

(19) To exercise all or any part or combination of the powers set forth in this chapter, and to do all things necessary or incidental to the proper operation of this chapter.

History:

[31-4906, added 1990, ch. 390, sec. 1, p. 1087; am. 2001, ch. 175, sec. 5, p. 597.]