(a) For the purpose of preserving and promoting the public health and welfare, the Commission may create sanitary districts without regard for county, township or municipal lines. However, no municipal corporation or any part of the territory in a municipal corporation shall be included in a sanitary district except at the request of the governing board of the municipal corporation. If the municipal corporation has not levied any tax nor performed any official act nor held any elections within a period of four years preceding the date of the petition for the sanitary district, a request of the governing board shall not be required.
(b) For the purposes of this Part, the term "Department" means the Department of Environmental Quality, and the term "Secretary" means the Secretary of Environmental Quality. (1927, c. 100, s. 1; 1955, c. 1307; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 2007-187, s. 1; 2015-241, ss. 14.30(u), (v).)
Notes of Decisions
Badin Shores Resort Owners Ass'n, Inc. v. Handy Sanitary Dist., 811 S.E.2d 198 (N.C. Ct. App. 2018).
· cites it 4× “Defendant Handy Sanitary District ("Handy") is a sanitary district created pursuant to N.C. Gen. Stat. § 130A-47 (2016) that provides water and sewer utility services in various locations in North Carolina, including Montgomery County, where BSR is located.”
Wayne Street Mobile Home Park, LLC v. North Brunswick Sanitary Dist., 713 S.E.2d 748 (N.C. Ct. App. 2011).
· cites it 3× “In its motion, Defendant alleged that Plaintiff had failed to state a claim on which relief could be granted because Defendant was “a corporate and body politic of the State of North Carolina organized and existing pursuant to N.C.G.S. § 130A-47 etseq. and thus not regulated by…”
— N.C. Gen. Stat. § 130A-47(a) — 1 case
Badin Shores Resort Owners Ass'n, Inc. v. Handy Sanitary Dist., 811 S.E.2d 198 (N.C. Ct. App. 2018).
“Defendant Handy Sanitary District ("Handy") is a sanitary district created pursuant to N.C. Gen. Stat. § 130A-47 (2016) that provides water and sewer utility services in various locations in North Carolina, including Montgomery County, where BSR is located.”
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