The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 097: Sewage System

• § 3501. Definitions

  The following words and phrases, as used in this chapter and in chapter 101 of this title, shall have the following meanings:

  (1) “Domestic sewage” or “house sewage” is sanitary sewage derived principally from dwellings, business buildings, and institutions.

  (2) “Industrial wastes” or “trade wastes” are liquid wastes from industrial processes, including suspended solids.

  (3) “Sanitary sewage” is used water supply commonly containing human excrement.

  (4) “Sanitary treatment” shall be an approved method of treatment of solids and bacteria in sewage before final discharge.

  (5) “Sewage” is the used water supply of a community, including such groundwater, surface, and stormwater as may or may not be mixed with these liquid wastes from the community.

  (6) “Sewage system” shall include such equipment, pipe line system, and facilities as are needed for and appurtenant to the treatment or disposal of sewage and waters, as defined herein, including a sewage treatment or disposal plant, as defined in section 3601 of this title, and separate pipe lines and structural or nonstructural facilities as are needed for and appurtenant to the treatment or disposal of storm, surface, and subsurface waters.

  (7) “Stormwater” or “storm sewage” shall have the same meaning as “stormwater runoff” under 10 V.S.A. § 1264.

  (8) “Surface water” is water other than stormwater flowing on or over the surface of the ground. (Amended 2001, No. 109 (Adj. Sess.), § 7, eff. May 16, 2002; 2015, No. 158 (Adj. Sess.), § 28, eff. June 2, 2016.)

• § 3502. Powers

  A municipal corporation may construct, maintain, operate, and repair a sewage system and take, purchase, and acquire, in the manner hereinafter mentioned, real estate and easements necessary for its purposes, and enter in and upon any land for the purpose of making surveys, and lay pipes and sewers and connect the same as may be necessary to convey sewage and other waters to an outfall or treatment plant.

• § 3503. Contracts for service

  Such municipal corporation may contract with the State, the federal government or any appropriate agency thereof, any town, city, or village, any corporation, and individuals to make disposal of domestic or stormwater sewage for such other town, city, village, corporation, or individuals.

• § 3504. Charges, enforcement

  (a) The property owner or group of property owners using the sewage system shall be liable for the rent fixed as provided by sections 3507, 3615, and 3616 of this title. The charges, rates, or rents for such sewage system shall be a lien upon the real estate furnished with such service in the same manner and to the same effect as taxes are a lien upon real estate under 32 V.S.A. § 5061 and shall be an assessment enforceable under the procedures in subsections (b), (c), or (d) of this section, or a combination of these procedures.

  (b) When an assessment remains unpaid for a period of 30 days, the treasurer of the municipality may issue a warrant for its collection directed to the collector of taxes, who shall have the same power to enforce the collection and shall proceed in the same manner as provided by law for the collection of taxes under 32 V.S.A. chapter 133, subchapter 9.

  (c) When the ratepayer fails to render payment for a valid bill or charge within 30 days of the postmark on the bill or by the due date, the appointed and elected officials may proceed with collection of the delinquency as provided in chapter 129 of this title.

  (d) When an assessment remains unpaid for two years the municipal officials may proceed to enforce the lien as provided in 32 V.S.A. chapter 133, subchapter 8. (Amended 1983, No. 54, § 1; 1987, No. 24, § 1; 1989, No. 45, § 1.)

• § 3505. Repealed. 1959, No. 207, § 3.

• § 3506. Commissioners

  (a) Except as provided for in subsection (b) of this section, the selectboard of a town, the trustees of a village, the prudential committee of a fire or lighting district, or the mayor and board of aldermen of a city, shall constitute a board of sewage system commissioners.

  (b) The legislative body of the municipality may vote to constitute a separate board of sewage system commissioners. Such board shall have not less than three nor more than seven members, who shall be legally qualified voters of the municipality. Members shall be appointed, and any vacancy filled, by the legislative body of the municipality. The term of each member shall be four years. Any member may be removed by the legislative body of the municipality for just cause after due notice and hearing. The legislative body may designate the board of sewage system commissioners as the board of sewage disposal commissioners provided for in section 3614 of this title. (Amended 1993, No. 91, § 1.)

• § 3507. Duties

  (a) Such sewage system commissioners shall have the supervision of such municipal sewage system and shall make and establish all needed rates for rent, with rules and regulations for its control and operation. Such commissioners may appoint or remove a superintendent at their pleasure. The rents and receipts for the use of such sewage system shall be used and applied to pay the interest and principal of the sewage system bonds of such municipal corporation, the expense of maintenance and operation of the sewage system, as well as dedicated fund payments provided for in section 3616 of this title.

  (b) When a rate established under this section for the management of stormwater is applied to property owned, controlled, or managed by the Agency of Transportation, the rate shall not exceed the highest rate category applicable to other properties in the municipality, and the Agency of Transportation shall receive a 35 percent credit on the rate. The Agency of Transportation shall receive no other credit on the rate from the municipal corporation. (Amended 1989, No. 45, § 2; 2015, No. 158 (Adj. Sess.), § 30, eff. June 2, 2016.)

• § 3508. Construction

  Sections 3603-3610, 3613, 3615, 3617, and 3618 of this title, relating to entry on lands, compensation, record, bonds, rents, ordinances, and meetings are adopted as a part of this chapter as fully as though herein set forth. (Amended 1959, No. 207, § 1.)

• § 3509. Sewers and plumbing; orders

  The sewage commissioners may require the owners of buildings, subdivisions, or developments abutting on a public street or highway to have all sewers from those buildings, subdivisions, or developments connected to the municipal corporation’s sewage system. (Added 1989, No. 45, § 3.)