Sec. 22a-500. Regional water pollution control authorities: Definitions. Authorization. Directors. Membership. Termination.
Sec. 22a-500. Regional water pollution control authorities: Definitions. Authorization. Directors. Membership. Termination. (a) As used in sections 22a-500
to 22a-519, inclusive, the following words and terms shall have the following meanings
unless the context clearly indicates another meaning or intent:
(1) "Authority" means a regional water pollution authority created under the provisions of this section or any entity which is a successor of an authority;
(2) "Bonds" means any bonds, notes and other obligations issued by an authority
pursuant to the provisions of section 22a-507 and any bonds issued to refund such bonds;
(3) "Cost" or "costs" as applied to any system means the cost of acquisition or
construction, the cost of any subsequent additions or expansion of a wastewater system,
the cost of the acquisition of all land and interests in land including rights-of-way,
easements and other property rights acquired by the authority for such construction,
addition or expansion, the cost of demolition or removal of any building or structure on
land so acquired, including the cost of acquiring any lands to which such building or
structures may be moved, the cost of dredging and filling underwater areas, all equipment, financing, insurance, interest, administrative and operating costs incurred prior
to and during such construction of any addition or expansion, and, if deemed advisable by
the authority, for a period not exceeding one year after completion of such construction,
addition or expansion, any survey, engineering, architectural, legal, administrative, operating, research, development, operating capital and other such costs or expenses of
the authority as may be necessary or incidental to the construction of the wastewater
system and any component of any wastewater system, and of such subsequent addition
or expansion, and the cost of financing such construction, addition or expansion and
placing the project and such additions or expansion in operation;
(4) "Constituent municipality" means one of two or more municipalities which have
adopted the provisions of this section and sections 22a-501 to 22a-519, inclusive, and
which have created an authority by concurrent ordinances of their legislative bodies;
(5) "Municipality" means any town, city, borough, consolidated town and city or
consolidated town and borough;
(6) "Sewage" shall be as defined in section 22a-423; and
(7) "Wastewater system" means any device, equipment, appurtenance, plant facility
and method for receiving, collecting, transporting, reducing, treating, reclaiming, disposing, separating or discharging sewage, or the residue from the treatment of sewage,
including any component of any of the foregoing, which the authority is authorized
to acquire, plan, design, construct, manage, operate, maintain and finance under the
provisions of this section and sections 22a-501 to 22a-519, inclusive, and which the
authority may establish as its wastewater system pursuant to the provisions of this section
and sections 22a-501 to 22a-519, inclusive, including any interest in real estate and
improvements thereto and the extension or provision of utilities and other appurtenant
facilities and projects deemed necessary or desirable by the authority for the purpose
of establishing and operating wastewater management and water pollution control services.
(b) Notwithstanding the provisions of any special act or municipal charter, any two
or more municipalities may, by concurrent ordinances of their legislative bodies, adopt
and exercise the powers granted to a municipality by the provisions of this section and
sections 22a-501 to 22a-519, inclusive, and designate any existing board, commission
or agency, or create a new board, commission, agency or regional authority to be designated, as its regional authority and thereupon be a constituent municipality of such
authority. Such ordinance shall contain a brief statement of the purpose of the authority
and shall set forth the article or incorporation of the authority as follows: (1) The name
of the authority and address of its principal office; (2) a statement that the authority is
created an authority under this section; and (3) the names, addresses and terms of office
of the first directors of the authority.
(c) The constituent municipalities of any authority shall, by concurrent ordinances,
determine the number of directors thereof, the number of votes to be cast by each director,
the method of determining the directors' compensation, if any, the method of their
appointment and removal and their terms of office, which shall be so arranged that not
more than one-half of such terms shall expire within any one year. The constituent
municipalities shall prepare and submit a preliminary plan of operation for an authority
which they propose to form to the Commissioner of Environmental Protection and the
State Treasurer for their review and approval in accordance with this section. Each plan
of operation shall include the procedure by which bonds of such authority shall be
approved. The Commissioner of Environmental Protection shall review and may approve any preliminary plan of operation, after consultation with the Secretary of the
Office of Policy and Management, if he finds that such plan of operations is in furtherance of the environmental protection laws of the state. The State Treasurer shall review
and may approve any preliminary plan of operation if he finds a wastewater system
undertaken by an authority operating under such plan of operation is eligible to apply
for financing under sections 22a-477 to 22a-483, inclusive. Upon the adoption of such
ordinances by the legislative bodies of each constituent municipality designating or
creating an authority under this section, and the approval of a preliminary plan of operation for such authority by the Commissioner of Environmental Protection and the State
Treasurer, the authority created thereby shall constitute a public body politic and corporate of the state, and a political subdivision of the state established and created for
the performance of an essential public and governmental function. Any rejection of a
preliminary plan of operation shall not preclude the submission of a revised plan. The
approval of the preliminary plan of operation by the Commissioner of Environmental
Protection and the Treasurer in accordance with this section shall constitute conclusive
evidence of the state's approval of the creation of an authority under this section. An
authority shall not change the procedure for approving the issuance of its bonds as
prescribed by its plan of operations without the approval of each constituent municipality, the Commissioner of Environmental Protection and the State Treasurer.
(d) By ordinance of its legislative body, or by such other body as permitted by
section 7-157, any municipality may become a member of an authority upon such terms
and conditions as the authority may determine and thereupon be a constituent municipality of such authority.
(e) Any constituent municipality may elect to withdraw from such authority by the
adoption of an ordinance by its legislative body or such other authority as permitted by
section 7-157. Such withdrawal shall be effective only after compliance with the terms
and conditions contained in any contracts between such constituent municipality and
the authority or the holders of any bonds of the authority. No such withdrawal shall
relieve such constituent municipality of any liability, responsibility or obligation incurred by it as a member of the authority or as a user of any of its wastewater system.
(f) Any authority and its corporate existence shall continue until terminated by law
or the withdrawal of one of the last two constituent municipalities of such authority,
provided no such law shall take effect as long as the authority shall have bonds, notes
or other obligations outstanding unless adequate provision has been made for the payment or satisfaction of such obligations. Upon termination of the existence of the authority, all of the rights and properties of the authority then remaining shall pass to and vest
in the constituent municipality in which it is located unless otherwise provided in an
agreement of the authority and except as otherwise may be specified in such law.
(P.A. 95-329, S. 10, 31; P.A. 06-196, S. 262; P.A. 07-217, S. 117.)
History: P.A. 95-329, S. 10 effective July 13, 1995; P.A. 06-196 made technical changes in Subsec. (f), effective June
7, 2006; P.A. 07-217 made a technical change in Subsec. (a)(2), effective July 12, 2007.